The right to free development of your personality: concept and content

Abstract

Introduction. The article examines the most important aspects of the "right to free development of one's personality" category. The authors believe that the theoretical problem of defining the concept, essence and content of a person's right to the free development of his personality objectively stems from the lack of its terminological constitutional-normative consolidation. According to the authors, the analysis of domestic studies shows that this constitutional right is disclosed very generally, there are no systematic approaches, in particular, the powers granted by this right to every person are not clearly defined. It is noted that the position of Ukrainian scientists who consider the right to the free development of one's personality as a principle of the constitutional and legal status of a person and a citizen is widespread. In recent decades, the right to free development of one's personality has been increasingly recognized and supported by the global community. In 1986, the UN adopted the Declaration on the Right to Development. It started the interpretation of the content of this right. In particular, it was declared that the right to development is an inalienable human right, possessing which every person and all peoples can participate in such economic, social, cultural and political development, where all human rights and fundamental freedoms can be fully realized, as well as contribute to to him and to enjoy his benefits (Article 1.1). An important provision of the Declaration is that "man is the main subject of the development process and should be an active participant and beneficiary of the right to development" (Article 2.1).

Summary of the main research results.

The right to free personal development consists in guaranteeing and ensuring the real freedom of personal development, limiting the interference of state and municipal authorities, as well as private individuals in the sphere of freedom of human development. The human right to the free development of the personality is specific, such that it occupies a fundamental and integral place in the system of human rights, it is the basis for the development of other rights. This right acts as a normative form of interaction between a person and the state with the aim of forming the proper conditions for the existence and life of a person and the normal functioning of the state and society as a whole, it is an inalienable right of a person and has a complex nature. It is organically connected both with personal (civil) human rights and freedoms, such as the right to life, the right to dignity, freedom and security, inviolability, without which the realization of the right to free development would be impossible, and social rights, which in system related to a person, the implementation of which would be ineffective without the realization of the right to the free development of the individual. The content of the right to the free development of one's personality includes various concepts of human development as a socio-economic process aimed primarily at improving the quality of human life. Therefore, one of the objective conditions for the realization of this right is the formation of the socio-economic policy of the state, which should be aimed at increasing people's well-being, creating opportunities for access to resources necessary for achieving a decent quality of life. In September 2015, within the framework of the 70th session of the UN General Assembly, a new large-scale program with clear strategic objectives for achieving global development goals for the period up to 2030 was adopted. It is clear that the state takes a leading place in creating and ensuring conditions for sustainable development in Ukraine. The problem of sustainable development in Ukraine has been studied for quite a long time. In recent decades, thorough scientific work has been created, which laid the foundation for new guidelines for the country's development on the basis of the post-industrial economy, the development of proposals for the implementation of mechanisms for overcoming systemic limitations of the humanization of social development into state policy.

Conclusions. The right of a person to free development of his personality is specific, such that it occupies a fundamental and integral place in the system of human rights, it is the basis for the development and implementation of all other constitutional rights and freedoms of a person and a citizen. This right plays a key role in ensuring the most important basis of the constitutional system, which is formulated in Article 3 of the Constitution of Ukraine. The realization of a person's right to free development of his personality is a permanent process of implementing in practice the possibilities of a person enshrined in the Constitution of Ukraine and other legislative acts regarding comprehensive development and full self-expression based on his active position in development and fair distribution of the benefits created in the course of it. A person's right to the free development of his personality is ensured by a system of constitutional guarantees common to all rights and freedoms and a system of special political, economic, social and legal guarantees, which are determined by the specifics and features of the right to the development of his personality, as well as by a system of international legal guarantees.

In our opinion, the domestic science of constitutional law has not yet carried out a comprehensive study of the right to free development of one's personality. Until now, a wide list of issues regarding the realization of this human right remain insufficiently developed. In particular, we are talking about the issue of determining the directions of implementation of this constitutional right, establishing clear limits of state intervention in its implementation, and approving the criteria for its limitation. In our opinion, an important vector of the development of the doctrine of the right to free human development is the protection of the individual against interference by the state. Our constitutional scholars have not comprehensively explored the aspect that the state itself can be a potential violator of this right. At the same time, on the contrary, they make attempts to develop some specific requirements for a person that limit his right to free development. We believe that it is fundamentally important to recognize that the state and its institutions can be a potential violator of this human right and to clearly outline the limits of its interference in the implementation of this constitutional human right.