Ensuring the safety of the individual as an effective mechanism to respond to national security threats

• Main Author: A. V. Kapulovskiy
• Format: Article
• Language: Russian
• Published: Grani 2014-10-01
• Series: Aspekti Publìčnogo Upravlìnnâ
• Subjects: національна безпека, безпека особи, державна безпека, права людини, органи державної влади
• Online Access: https://aspects.org.ua/index.php/journal/article/view/104
• ISSN: 2311-6420; 2413-8231

The article presents the legal and scientific rationale for the interaction of individual and public authority in decision-making and the influence of this interaction on the state of national security. The attempt of construction of the proper case public processes frame is done from the side of public authorities, in the conditions of possible threat to safety of person. It should be noted that the results of further integration of Ukraine into the European community depends on an effective mechanism of the constitutionally-legal providing, corresponding direction of legal politics not only in external state, but also inwardly to the state law and order. Thus, the problem is a fundamental constitutional provision and system, in terms of constitutionality, becomes systemic and functional significance. Thus, in accordance with аrticle 3 of the Basic Law of Ukraine a person’s life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. Human rights and freedoms and their guarantees determine the essence and orientation of the state. The state is responsible to the people for their activities. The promotion and protection of rights and freedoms is the main duty of the state. Given the above, the level of security of the individual, non-infringement and guarantee of rights, freedoms and legitimate interests of the person depends on the level of the national security.