STUDY ON SECURITY AS A LEGAL CATEGORY Cover Image

ИССЛЕДОВАНИЕ БЕЗОПАСНОСТИ КАК ПРАВОВОЙ КАТЕГОРИИ
STUDY ON SECURITY AS A LEGAL CATEGORY

Author(s): Denis Iroshnikov
Subject(s): Philosophy, Law, Constitution, Jurisprudence, Security and defense
Published by: Uniwersytet Przyrodniczo-Humanistyczny w Siedlcach
Keywords: law;security;human rights;the rule of law;immaterial good;crime;

Summary/Abstract: The article is devoted to a comprehensive fundamental legal-theoretical problem researchon security as a legal category. The author decided to move away from the traditional view of thecategory of “national security” and took the challenge to analyse the security from holistic perspectivethrough the prism of the nature of the law and its impact. The applied method allowed to analyze thesecurity not from the duration of each act, but from the position of all of the laws, as the superior legalvalue, specified by the axiological dogmatics. Special attention is paid to the issues of security, asa function of the law; security as principles of law; individual’s right to security; security as a nonmaterialgood in civil law; and security in the theory of crime in criminal law. The author comes to the conclusion that the category “security” is organically implicated in a legal matter, as it can beconsidered as a function of and the rule of law. The various aspects of the interactions between lawand security are manifested in specific areas of law: constitutional (the right of individual to security),civil (security as intangible good) and criminal (security in the theory of the crime in criminal law).

  • Issue Year: 3/2017
  • Issue No: 2
  • Page Range: 7-17
  • Page Count: 10
  • Language: Russian