Security of the Person: Definition, Legal Guarantee, Meaning and Types

In this paper the definition of human rights, security, security for the person, its meaning, connection with human rights guarantees are determined, the types of security and security of the person are classified, constitutional and other legal guarantees of security of the person are characterized. It was proven that the historical (etiological) sense of the word «security» doesn’t always comply with the modern one and means a state of absence of somebody or something jeopardizing. A security is considered to be a form of its opposite – a danger – and doesn’t exist separately from the object. Security is a feature of the object, not an object itself. It’s something that any kind of an object possesses or doesn’t possess. Security of an object is in a relationship with other objects, depends on this relationship, and this relationship forms and changes security. Let’s name the following types of security: human, social and state security. According to the level of subjectivity the human security contains either personal security or the common one (collective). The collective security can be more or less common. Those features are chiefly important for the law and protected by it. These are the highest social values: life, health, freedom, honor, dignity and security. In other words, a person is considered to be in this sense a subject to have rights and freedoms and the object of their guarantee. Security of the person is an objective condition and subjective feeling of physical, material, social, psychological and moral protection of the person, her rights and freedoms. A person is secured if she, her rights and freedoms are properly protected (secured and guaranteed). Consequently, these rights and freedoms are to provide her with security. Security of the person is a generalizing, integrated indicator of exercising of any kind of rights and freedoms of the person, her protection (level of being guaranteed) from any dangers. It (security) is one of the main indicators of quality and level of life. The really reliable security for all the people can be achieved only through the way of liquidation of the reasons that create danger for the person, her rights and freedoms. Only in condition of democratic, social, legal state a person may find security from tyranny, oppression, lawlessness, injustice, violence, etc. The right to security is a complex, generalizing, integral right , it is the right to the legal order which provides a person with rights and freedoms. Ensuring the security of the person (safeguarding, security and protection of the rights and freedoms of the person) is the main function, aim and duty of Ukrainian state, all the branches of power and state mechanism. The state is the main subject of safeguarding of the security of the person. It is the person, her rights and freedoms to be the main object of state, technological, environmental, economic, informational, public security (protection from crimes and criminal organizations). Taking into consideration above mentioned information, the legislation aimed at security insurance of the person, must be, on the one hand, enough, on the other hand, it mustn’t breach human rights and freedoms. With the aim of preserving the security of people the state has no right to refer to the measures, which threaten
their freedom. The level of security of the person must be at least at such a level, that creates the atmosphere of calm and piece in order everyone to be sure that her rights and freedoms, life and health, honor and dignity, freedom and property aren’t in danger, that she is protected by the state and society. In wide sense, security of the person contains all the kinds of security: physical, psychological, ecological, economical, material, social, natural, technical, political, informational etc. The article ends with the common characteristics of legal measures aimed at provision of the person with security, regulated by the branch legislation.