ON THE ISSUE OF UNDERSTANDING THE CATEGORIES OF «PERSONAL LIBERTY» AND «PERSONAL FREEDOM» IN CONSTITUTIONAL LAW

Abstract

 Ensuring the constitutional rights and freedoms of man and citizen is the most important task of society and the state.

The purpose of this article is to consider the concepts of «personal freedom» and «personal freedom», as well as their relationship in constitutional law.

The article notes that the COVID-19 pandemic has led to unprecedented human rights challenges around the world. In this regard, the study of the concept of “freedom” is relevant, while in the article the main attention is paid not so much to the internal essence of freedom as to the possibility of unhindered disclosure of human potential, but to its external and objective justifications.

Freedom of the individual is the dominant «starting point» in the study of the problems of ensuring human and civil rights. If a person does not adequately possess freedom, then he accordingly cannot fully possess and exercise his rights. It is the concept of «freedom» that allows a person to really gain her rights and realize them.

In addition, the authors emphasize that freedom in the relationship between the individual and society is a very complex and controversial phenomenon, which is inextricably linked with the system of social norms and values.

The authors of the article, on the basis of a consistent analysis of regulatory and scientific sources, reveal the constitutional and legal definitions of the concepts of «personal freedom» and «personal freedom».

Thus, in particular, under the freedom of the person, the authors understand the possibility of a person and citizen exercising their rights and individual freedoms provided for by the Constitution and laws of the Republic of Kazakhstan without any restrictions if the exercise of these rights and freedoms does not violate the rights and freedoms of others encroach on the constitutional order and public morality.

Considering the correlation of these legal concepts, the authors note that «personal freedom» is a structural element of the concept of «personal freedom», and constitutional personal rights and freedoms of man and citizen are a component of the constitutional legal institution of fundamental rights and freedoms.