Integration of Law and Morality in the System of Ensuring the Rights and Freedoms of the Individual

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Abstract

Based on a systematic approach and formal legal analysis, the article substantiates the author's position on the relationship between law and morality in the aspect of ensuring subjective rights and freedoms, the balance of interests of the individual, society, state, where the integrative model is defined as optimal. The practice of law-making and law enforcement with the use of moral norms and categories in Russia and a number of foreign countries is considered. The conclusion is formulated about the threat of human rights risks in the absence of rational restrictions on such use, as well as in the case of ignoring the moral context. A direct relationship between legal and moral and ethical problems (conflicts) is substantiated, which requires a systematic approach to their resolution. A doctrinal assessment of the legal means of counteracting moral and ethical conflicts in the context of ensuring the rights and freedoms of the individual, achieving social compromise is given. It is determined that it is law that is called upon to form rational guarantees for taking into account the moral component in the regulation of social relations. Based on foreign experience, tools are proposed to achieve this goal with an emphasis on concretization and legislative consolidation of legal principles, priorities, values and moral and ethical criteria for making legal decisions.