SECURING THE RIGHT TO PERSONAL INVIOLABILITY AS A SPECIAL NON-PROPERTY RIGHT OF AN INDIVIDUAL
Journal: International Scientific Journal "Internauka" (Vol.2, No. 78)Publication Date: 2019-11-30
Authors : Pisenko Darina;
Page : 105-111
Keywords : personal non-property right of a given person; personal integrity; physical integrity; mental integrity;
Abstract
The article considers the personal non-property right of an individual to personal inviolability. Its essence is associated with the establishment for other participants in relations of prohibitions on the commission of physical or mental influence on a person or the creation of obstacles for him to freely determine his behavior in the sphere of private life. The main emphasis in the study is on the disclosure of various aspects and manifestations of personal integrity, namely the physical, mental and moral components. The implementation of each of them differs in its features. Special attention is paid to the importance of moral principles of society, which help to determine unauthorized forms of influence on a person, characterize such concepts as «cruelty», «humiliation», «inhuman attitude» and establish the fact of violation of the right to personal inviolability. The negative consequences of oppressing the human psyche using various techniques that deprive him of the ability to freely determine his behavior and make decisions, therefore can lead to a violation of his personal non-property right to security of person. It is emphasized that in the legal regulation of the latest methods and devices that are used in law enforcement, the requirement to respect personal, including mental, integrity of a person should remain unshakable. The concept of moral integrity is analyzed and comments are made regarding the difficulties of establishing and proving the facts of its violation. The success of the protection of this aspect of personal integrity will depend on the availability of comprehensive research, including outside the legal sciences.
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