Category 'national interests' through the prism of ensuring individual and collective human rights

Autor: N. Petretska, P. Stavychny
Rok vydání: 2022
Zdroj: Uzhhorod National University Herald. Series: Law. :41-45
ISSN: 2664-6153
2307-3322
DOI: 10.24144/2307-3322.2021.68.7
Popis: The national interests are important aspect of the existence and development of any organized social structure, which is able to organize and exercise positive control over the behavior of people in the relevant field and territory. Understanding the category "national interests" through the ensuring individual and collective human rights is inextricably linked with the existence of a full-fledged rule of law. Ensuring human rights, at the same time without violating "national interests" is possible only through the legal regulation and the domestic and international institutions effectiveness. The most effective regulation, including internal coherence, might take place through the prism of understanding individual and collective rights. To our opinion, this approach would indicate the rule of law in the category of "national interests". Сlassifying interests on various grounds, the prefix "national" to the word interests determines its interpretation which is based on the state patriotism and sovereign security. According our point of view, this phenomenon is manifested that the interests of the state are placed above the interests of human. To our opinion, the national interests are the constitutional and legal category, because they are enshrined in the Basic Law of the state and formed by society. In the inductive and deductive sense, the national interests are provided by the ratio of values and the choice of means and methods of their ensuring. In the event of a threat to national interests, it is necessary to consider which values will be a priority for protection and which can be sacrificed in case of extreme necessity. On the contrary, it is necessary to take into account which values will be provided first in the absence of any threats, and which will change to secondary.
Databáze: OpenAIRE