Personal inviolability as an intersectoral category of law

Author:

Nikitina Valentina S.ORCID

Abstract

The concept of inviolability of the person is considered as a complex intersectoral category in modern legal regulation. The research studies the provisions of normative legal acts and scientific works devoted to the concept of inviolability and its relationship with other concepts of similar meaning and suggests a comprehensive definition to the inviolability of the individual concept, which, in addition to the personal life of an individual, includes intangible objects directly related to the development of this individual. Also, a detailed distinction is made between inviolability and the concept of immunity. The purpose of the author is to substantiate the need to study the concept of inviolability from the point of view of all branches of law and pay attention to the peculiarities of regulating the inviolability of the person in each of the areas of law, as well as to analyze the guarantees and mechanisms for its ensuring, its non-absolute nature and the limits of its implementation. The study was carried out with the help of the general scientific and private scientific methods, including analysis and generalization of legislation and scientific works of domestic and foreign authors, comparative law and formal legal methods. Based on the studied material, a comprehensive definition of personal inviolability is suggested and its regulation in constitutional, international, civil, administrative, criminal and procedural law, as well as in the recently formed information and digital law, is analyzed.

Publisher

Peoples' Friendship University of Russia

Subject

General Medicine

Reference17 articles.

1. Bäcker, C. (2021) Limited Balancing: The Principle of Human Dignity and Its Inviolability. Law and Philosophy Library. (136), 85-111. https://doi.org/10.1007/978-3-030-77321-2_4

2. Brovchenko, N.V. (2019) The concept of the category of immunity and its relationship with the concept of immunity as elements of the legal status of the individual. Agrarian and land law. 8(176). 70-72. (in Russian).

3. Buchan, R. & Tsagourias, N. (2022) Hacking international organizations: The role of privileges, immunities, good faith and the principle of State sovereignty. International Review of the Red Cross. 104(919), 1171-1198. https://doi.org/10.1017/S1816383122000091

4. PROPOSITION OF LAW: ITS CONCEPT, PROPER- TIES, CLASSIFICATION AND STRUCTURE

5. Fast, I.A. (2019) Personal integrity. Bulletin of the Nizhny Novgorod University named after N.I. Lobachevsky. (1), 182-186. (in Russian).

Cited by 1 articles. 订阅此论文施引文献 订阅此论文施引文献,注册后可以免费订阅5篇论文的施引文献,订阅后可以查看论文全部施引文献

1. Personal dignity as a constitutional value: concept, practice, technique;Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia;2024-03-28

同舟云学术

1.学者识别学者识别

2.学术分析学术分析

3.人才评估人才评估

"同舟云学术"是以全球学者为主线,采集、加工和组织学术论文而形成的新型学术文献查询和分析系统,可以对全球学者进行文献检索和人才价值评估。用户可以通过关注某些学科领域的顶尖人物而持续追踪该领域的学科进展和研究前沿。经过近期的数据扩容,当前同舟云学术共收录了国内外主流学术期刊6万余种,收集的期刊论文及会议论文总量共计约1.5亿篇,并以每天添加12000余篇中外论文的速度递增。我们也可以为用户提供个性化、定制化的学者数据。欢迎来电咨询!咨询电话:010-8811{复制后删除}0370

www.globalauthorid.com

TOP

Copyright © 2019-2024 北京同舟云网络信息技术有限公司
京公网安备11010802033243号  京ICP备18003416号-3