Restructuring of socialist society and human rights. The purpose of reorganization - eliminate deformation of socialism, but it primarily means making its democratic and humanist , to create and develop an environment in which a dominant place among the values of the society takes the human person , the working man . Without that socialism can not be at the forefront of world progress and simply doomed. In politically and legally organized society like socialist society , the processes of democratization and humanization are concentrated expression primarily in human rights.
That human rights are the mechanism that should translate into practical activities of the people, to open the way the manifestation of the human factor , without whose crucial role is no democracy , and consequently socialism. So human rights in their concrete existence of subjective rights associated with certain responsibilities , woven into living tissue restructuring : restructuring expands and enriches the law strengthens their guarantees , the reality ; themselves to act as guarantor of perestroika and its engine. To the extent that restructuring is revolutionary , revolutionary acquire meaning and human rights. It will not be wrong to say that the restructuring of socialist social relations will be carried out in practice , if there will be profound changes in the approach to human rights mechanisms guaranteeing them , the ability to use them.
Human rights NGOs are understood here is not easy and not only as a formal legal opportunity to make or require anything , but as objectively determined social (individual and collective) energy , to adopt a policy and legal form and organization.
The human rights system . Relation and interdependence of individual rights. Different human rights - civil and political , economic, social and cultural , personal and collective . In the political and legal theory in the ideological debate and spoke still expressed different views about the role of individual rights for the development of the human personality. In capitalist countries, stressed the importance of personal political and civil rights in the socialist - economic and social rights of individuals and groups. On this basis, the comparison with the achievements and shortcomings of individual human rights , and the problem itself has received ideologization overblown .
However, human rights constitute an indivisible integral unity , as well as holistic and unified human personality , unthinkable without any one of its various dimensions. Human Rights - a system in which individual rights interact to guarantee each other. This right view is officially accepted in UN documents . It has universal significance . Lately, it is separated and socialist theory .
Nevertheless, mass propaganda , and sometimes in the scientific literature , and now you can meet the claim that in a socialist society have priority and economic rights of citizens in this direction should be sought before the superiority of the socialist law right in a capitalist society , where economic and social rights not guaranteed . Efforts to accept the view that for socialist democracy characteristic related to human rights as a single complex in which there is no room for any priorities fancifully combined with statements that the economic rights of the most important initially . From this position in the legal status of the person "socio- economic rights and freedoms are the real foundation for the exercise of civil rights and freedoms" , 1 " only (! - I . Y. ) the availability and warranty economic rights create real conditions for effective use of their political, social and cultural rights " .2 Thus , essentially. taken priority economic rights : they serve as " foundation " other types of rights , " cause "them , etc.
Underlying this view is the mixing of the material conditions of life in society, material guarantees human rights to economic and social rights. Meanwhile, the physical and economic guarantees , on the one hand, and economic and social right - with another, more than one and the same. Indisputable Marxist position of the decisive role of material factors should not be mechanically transferred to the classification of the legal rights of citizens of a socialist society , used to determine some of them as important in comparison with others. Rights , including economic, are not a phenomenon of the economy, they have the phenomenon of law. Communication between them and the economic factor so complex and mediated by , it would be a gross oversimplification to assume that the economic needs and interests always , at any position in the economic rights are often more powerful and relevant than , for example, political . But the question of who and how to guarantee the economic rights ? It's also right! They require economic, political , ideological and legal guarantees , and it is possible that just a political- legal or even the actual legal rights can be most effective in certain situations. Anyway, in itself , devoid of legal mechanisms , economic rights in practice do not apply . This applies to the right to work and the right to housing , etc.
This question has another side . Certainly recognizing the unity of rights , their equivalence principle for the human person, is hardly correct this absolute position , turning it into a dogma , which excludes any sort ' was the differentiation of rights in terms of their role and importance to the individual, social groups and societies . At the same time, we can unreservedly agree with the opinion that the unity of all categories of rights , they are equally necessary for the normal functioning members of socialist society lead to the fact that " incorrectly , unnecessarily talk about the priority of any kind of fundamental rights of citizens of the hierarchy these rights " .3 Theoretically and practically the same as the division of rights is unacceptable ," and the two major groups and their opposition , and perception as equal rights for every social ( legal ) entity at any time of his life and the lives of ' society as a whole . This approach is non-dialectical .
Position that the law should be understood as a complex , as equal and not to oppose them to each other , right from the point of view of a holistic and comprehensive development of personality , integrity and translational motion and any other socialist society. From these positions need to accept all kinds of fundamental rights and patronize all equally . But individuals and social groups are different , they occupy different social positions , have different interests . Besides these social position and movable in the interests of time. Relationship between human and is not permanent. Changing their meaning for the individual and social group , even for society as a whole . In this sense, there is a certain hierarchy : typically characterized as features of variability and stability .
Human rights groups and reflect and reinforce certain hierarchic values. And it necessarily determines the hierarchy of rights , which is nothing but a reflection , shape, image of specified values, means of implementation , etc. The recognition and use of these rights is a prerequisite for acceptance, approval and use of other rights , etc. What Regarding financially secure person, in the first place as a more important : its integrated implementation may leave some personal ( and collective ) non-economic rights , such as those associated with the spiritual creativity, freedom of speech , the inviolability of the person , honest and kind - namely, the right to protection on the high quality of medical care ( and not just " a " free " medical care ), etc. for an intellectual and spiritual creativity right in the spiritual sphere , science and culture are of paramount importance , and often more valuable than the right to ensure that it material conditions of life . Civil and political rights (freedom of speech , freedom of the press , political associations ) may be preceded by time and the values of some economic , social and cultural rights , as are the means to achieve them, means of struggle against economic and social injustice. Take k.primeru , the right to housing , if it is written in a particular constitution. This in itself is right - almost empty sound without broad housing construction program and activities of the state , public and specialized public ( cooperative ) bodies, which , in turn , can be achieved by a series of economic, and political and legislative decisions , active political activities ( exercise of political rights and freedoms ) of citizens , labor groups , etc. for the peoples deprived of their national freedom , the first place are the right to national independence , to free political choice , as well as the closely related other specific rights . Is the right to life and the corresponding right to the world with their specific manifestations ( prohibition of nuclear weapons , a ban on nuclear and any other war , etc.) do not occupy the highest, fundamental and lasting place in the hierarchy of rights ?
Consequently , the recognition of certain rights equally fundamental human rights does not preclude the dynamics of these rights , which in certain circumstances and at certain times makes some of them for the main relevant actors ( individuals , groups, nations ) . On this basis, we can talk about the value of certain priority rights. Can talk about the differences in their legal force depending on in which they secured legal source (constitution, ordinary laws, international treaties ) .
No coincidence that the revolutionary reconstruction of socialist society must begin first with the democratization of the civil and political life . History has shown that attempts to reform the economy were unsuccessful because the political and legal spheres remained unchanged. It is no coincidence that some of the progressive forces in the capitalist countries see the path to socialism as an activity to broaden and deepen democracy. This does not mean that political and civil rights ( personal and collective ) ends in themselves. Through them, you need to create conditions for change in the relations of production , forms of ownership , and consequently, economic and social rights , which , in turn , would contribute to more effective civil and political rights , etc. In short, the unity of rights , their complex and interdependent functioning does not mean lack of internal differentiation and hierarchization of their system , but rather assumes it. Hierarchization this varies depending on the conditions in which a person is , but it also contains elements of the relative invariance ( the right to life with its derivatives - the highest human right ) .
Human rights and the rights of the citizen . Until recently in the literature of socialist countries dominated the negative attitude to the concept of "human rights" . It was regarded as "bourgeois" and he preferred the term " rights of the citizen ." In this statement came from Marx's emerging and growing in a capitalist society the individual's ambivalence reflected in the relevant political and legal understanding of human rights as an individual, member of civil society , and the rights of citizens , representing the individual has as a social being , a member of the political community . Under socialism there are no conditions for such a division, and therefore the associated rights of the individual division disappears. Further , it was believed that the concept of "human rights " is unacceptable because it is genetically related to natural law theory, for which the individual is not a social being and endowed with rights by virtue of one's own nature . On this occasion, noted that the so-called "human rights" , according to Marxist theory , can not have a legal nature that the individual acquires rights in the legal sense only as a citizen of a particular state. Later, some researchers have taken a compromise position on human rights is possible to speak in terms of international law and the rights of the citizen - from the perspective of national and state law.
In light of the urgent problems of socialism and the development of the modern world we have to reconsider their opinions on this issue.
Undoubtedly, people - a social being, and that in his capacity as a " has certain basic rights. In order to recognize him these rights , he did not have to be a citizen of a State . Personality has rights just like a man. Law ( national and international) links the state and inter-state community and to foreign nationals , in respect of persons who are not nationals .
Human personality is itself valuable. Value of a person is inseparable from the values of humanity as a whole in the system of nature as may be givens unique universe. This value - personal and universal - reflects the concept of " human rights." It throws seats between national law and international law states , and thus expressed a general concern about the recognition and protection of the human personality in the modern world , who knows not only the numerous declarations and legislation in favor of human rights, but also numerous serious violations , and numerous fatal threats to these rights.
Marx's statements explaining specific historical , social and ideological roots of bourgeois declarations of human rights and civil rights, does not give grounds for denying the progressive nature of these rights , the concept of " human rights." Arose in a particular historical situation , fills certain social, political and legal content , it is not confined solely to his now - class bourgeois sense. Social nature and holistic nature of modern man, as never before, determined by objective realities that have planetary measurements ( scientific and technological revolution , global issues , universal integration processes in the economy and other areas of life , etc.). Hence, the new measurement of human rights. This content brighter exude " transnational " and " transklassovye ", ie universal elements .
The concept of " human rights " does not exclude the concept of " citizen's rights ", transporting us to a more specific and special plane. In the framework become clearer social class and national historical conditionality of individual rights, the rights of universal interaction and class , international and national , for an individual , being a particle of the human race , in principle, included in a certain society , a certain state. Yes, and in a strictly legal sense, the concept of " citizen's rights " is more restrictive: it does not cover all individual rights recognized and protected by the state .
Administrative-command system - denial of human rights . Deformation of socialism took shape etatization society. Administrative-command system , consisting not only of the state but also from the bureaucratic party apparatus , the bureaucratic apparatus of some non-governmental organizations , based on the subordination of the corresponding " top" . Power is exercised by it without actually ( for certain , though its main units , often without legal ) responsibility to manageable without their control . The objective conditions for the emergence and adoption of this system creates weakness formational conditions of socialism in the Soviet Union and the majority. Other socialist countries. " Compensation " section of this weakness and hypertrophy is administrative-command methods. Of course , we should take into account many other factors .
Governmentalizing public life undermines the legal and regulatory framework , leads to severe deformity and human rights . Theoretical postulate that the state is the main instrument of building socialism and communism are not allowed to consider the human factor decisive force of social progress , in fact, recognize the supreme importance of personality with its rights and freedoms.
In the administrative -command system hypertrophied role of bylaws expanded departmental rulemaking . Specific gravity laws falls . All this leads to the fact that the legislative , primarily constitutional , emphasizing human rights underestimated. Some of these rights and ways of their implementation are provided in the regulations of a lower rank , that does not make a sound legal basis for the legal status of the individual. Moreover, departmental regulations often contain direct violation of the rights and freedoms provided for by the constitution and laws.
Individual rights and freedoms under the administrative -command system also undermines prohibitive regulation method , so characteristic of this system. Abundance obscures law prohibitions through which can manifest the creative initiative of the individual, socialist worker.
The existing administrative- bureaucratic model of socialism , and it must be overcome , and in the course of restructuring , contains ( revives generates ) features and elements of the pre-capitalist formations , 4 which took shape in the right privileges ( formal and actual ) , arbitrariness and insecurity of the human person in its physical and spiritual integrity inherent in bygone eras punishment ( forced labor , etc.) , actually existing personal ( " vassal ") and proprietary addictions , etc. claimed " aware of the rights of citizens as benefactions above" 5 as " the gift of the party and government " that resembled the old feudal idea of" the imposed ' rights. Whether it was possible in this objective state of affairs created by the scientific concept of law , form a modern civilized legal thinking !
Socialist rule of law and human rights. Reform of the political system of socialism should be crowned with the creation and establishment of the socialist rule of law. One could also argue that the establishment of the rule of law will mark the transition of socialist society to a new quality. It expresses and at the same time consolidate the restructuring in all spheres of life.
But approve legal society and the state - not an easy task . Its solution passes through the solid and unconditional recognition of the rights of man and citizen , arising from the very nature of socialist society.
Often , when the point features (or attributes) rule of law , including neglect to mention recognition and enforcement of fundamental human rights and freedoms , or dissolved in the general principle of this requirement relatively developed system of democracy. Need to say clearly : the inviolability of human rights and freedoms - the first fundamental principle of socialist rule of law. After all, a person working man - this is the goal , the ideal of socialism . This purpose , this ideal is subject to all , and therefore with them and it all begins .
Those who have recently traded to the problems of the socialist rule of law, among its main rocked tied for first place the rule of law , "the rule " of the law . This approach to the theoretical foundations of rule of law is justified. It is present in the non-Marxist concepts of law. However, you can justify another approach , according to which human rights is the center , the core characteristics of the socialist rule of law. And that means putting the principle of recognition and protection of rights in the first place , make it original . Justification rule of law must begin with a study of its humanitarian goals and functions that govern its entire organization . By itself, the rule of law , not related to the principle of fundamental rights (and not derived from it ) , contains a positivist , smack propozitivistskuyu reminiscence . He - paramount , starting in the state law, but in a state of law and determining the source is another principle - that the rights and freedoms of the human person . Law in a socialist state the rule , not because it is simply the act of supreme state authority , but because in it are enshrined as the supreme value and rights of the people as sovereign. The underlying reason for the rule of law - that human rights as a person and a citizen , a member of a particular community , etc. , principally recognized nation-state and the community of nations . Incidentally, this is why the basic human rights ( and people ) can and should be expressed in the Constitution and the law does not contradict it . Importance of human rights objectively defines the legal form in which they are expressed and not vice versa. That is why regulation of fundamental rights , including how to implement them , in -laws and even departmental acts characteristic of the administrative-command system is incompatible with the principles and objectives of the socialist rule of law, not to mention the fact that it does not fit with the principles and state law.
Rights of the individual under socialism is inextricably linked to the rights of public organizations and different movements , clubs , etc. disrespect the rights of these organizations - a kind of disrespect and individual rights . Securing and safeguarding the socialist pluralism is a continuation , a consequence of the principle of guaranteeing the fundamental rights of individuals .
Human rights are not real if no effective legal mechanism for their implementation and protection. Indication of a lack of legal state and society is that citizens in violation of their rights to seek refuge refer to " extra-legal " means (newspapers and other media , letters to the party and government organs , etc.). It is certainly not illegal way of protection, but they are preferred , although they are devious , circuitous , because proper legal ways and means specifically provided by law for the protection of human rights violations , in real life ineffective. In socialist legal state wide development should receive legal guarantees of fundamental rights. And this is primarily procedural legal safeguards . Material law , often for ideological and propaganda purposes , may declare the rights of many , but without the procedural ensure they remain virtually lifeless, formal. Not by chance it is believed that the history of liberty in its politico - legal aspect - is the history of procedural safeguards.
The main issue is the distinction of political reform , the functions of party and government organs . In practice, the party apparatus , including its uppermost floors often performs public functions , duplicating or displacing the constitutionally prescribed public bodies . So it comes to an inaccurate expression of popular sovereignty , the sovereignty of this disrespect . Representative bodies lose the real power. Decisive state- government functions are concentrated in extra-constitutional bodies. This completely undermines the law- functional separation of powers as a powerful guarantor of the rule of law and legal protection . Court is reduced to an ordinary administrative authority to link executive-administrative apparatus , besides representatives of the subordinate command-administrative system that has actual , real power. Implementation of political reforms in this area can have a truly revolutionary significance . Without such reforms can not create a legal state and put on a solid foundation individual rights.
Speaking about the state of law , we mean that the state as a system of agencies and officials associated laws, specific and accurate - the rule of law . The rule of law in this case means the dependence of the state mechanism of law. The most significant role here binding human rights and freedoms . They assume the responsibility of the state to the individual. The rule of law to the state - it's a very large extent it is the dominance of individual rights and community groups .
Human rights and freedoms are illusory if they do not rest on the mutual responsibility between the state and the individual . There is no rule of law, unless it is based on the unity and interdependence of subjective rights and legal obligations . Subjective rights are a particular approach to human rights , particularly their interpretation and vision. Subjective rights - the same rights, but especially its being already concretized of the subjective and related to certain individuals who are carriers also responsibilities. Human rights , taken as subjective rights are inseparable ( directly or indirectly) from the corresponding duties. In this sense, the law is not something that knows no boundaries. The boundaries of these rights are denoted other rights the observance of which takes the form of duties , etc. Therefore, if the state of law is the opposite of arbitrariness , then human rights must be understood in the context of the legal nature of society as a whole . Only in a society the individual can achieve their rights and freedoms , so from him, and efforts are required to protect and progressive development of society.
Legal state in a socialist society can affirm together with indigenous , qualitative changes in legal thinking in the sense of justice of the people. These changes include a new vision of the law itself , the main aspect (or component ) which are human rights - worker. Any idea , any notion of law, neglect of human rights , are incomplete, inaccurate , out-of-date .
