Freedom as a legal value: nature and features

Abstract

Freedom as a legal value has always been the subject of in-depth analysis, important debates and discussions in the field of legal and political science. This topic is becoming extremely relevant in the context of martial law in Ukraine, when the rights and freedoms of citizens are being tested and restricted. In the context of the legal system of Ukraine, as well as other legal systems of the world, freedom occupies an important place among the system of civil and political rights. This value is an integral part of civil society and the rule of law, and it guarantees individual autonomy and the ability of citizens to make independent decisions. Modern social changes, political and military conflicts, as well as various crisis situations may lead to excessive restrictions on freedom in the context of the introduction of a state of emergency or other restrictions under the guise of national security. Such restrictions must be justified and limited only to the minimum extent necessary to ensure the overall security of society and protect the rights and freedoms of citizens. The article is devoted to an in-depth analysis of the concept of freedom as a legal value in the context of current Ukrainian legislation. The article examines the essence and nature of this category, identifies its value and legal and applied aspects. It is important to determine how freedom is defined as the ability of a person to choose and act on his or her own initiative. In addition, the article emphasises the role of freedom in modern Ukrainian society and its impact on the rights and freedoms of Ukrainian citizens. Freedom is one of the key issues that reflects the complex dialectical process of development of the modern world. First, freedom means the ability for a person to choose his or her own path and act on his or her own initiative. Secondly, it is defined as a fundamental principle of law that provides for the possibility of subject autonomy, where the subject is not limited by external coercive actions and can independently make decisions about his or her behaviour. Thirdly, freedom is the basis for protecting the rights and freedoms of citizens, developing democracy and creating a civil society where citizens have the opportunity to influence events in society and jointly address important issues.