Fundamental Principles of the Research Methodology on Human Rights in Public Relations

Introduction. Research methodology issues are rarely the subject of scientific discussion in jurisprudence. At the same time, it is difficult to overestimate the importance of research methodology, it forms the basis for scientific assessment and solution of private scientific issues, sets the vector of holistic scientific perception of the subject of research. In the science of public law, attention is not often paid to the true purpose of public (normative-authoritative) regulation, which consists not only in the public organization of society, but also in the recognition, observance and protection of human rights and freedoms. The purpose of the article is to consider the problems associated with determining the appropriate goals and means of public regulation of social relations in relation to ensuring human rights.

Methodology and materials. The study is based on the basic postulates of the general theory of human activity and the theory of dualism of regulation of social relations, which make it possible to draw a clear distinction between law as a sphere of self-regulation and law as a means of public organization of society. With this understanding of the regulation of social relations, based on the separation of private and public relations, the main beneficiary is a person, his personal, economic and political rights. Not only specific legal methods of research are used, but also such methods of the science of human activity as methodological individualism and methodological uniqueness, according to which the sequence of scientific research first involves the knowledge of the nature of man and his activities, and then, as a consequence, the knowledge of society as a form of human cooperation, with its institutions, including the state.

Research results and their discussion. The methodology of the science of public law should be based on the general methodology of studying human activity, taking into account that it is distinguished in the system of legal sciences. The article provides a general description of human rights in public relations as an object and subject of legal research. The position is substantiated that the purpose of public (normative-authoritative) regulation is not only in the public organization of society as an end in itself, but also, above all, in ensuring human rights. Therefore, research in the field of public law should aim to study the relationship “man – state”, in which the provision of fundamental human rights and freedoms by the state is the main functional purpose, and the structure of state power is a means of properly ensuring fundamental human rights.

Conclusions. The methodology of studying human rights in public relations allows us to take a new look at many problems of public law science, which should be solved from the position of the legal content of public power, its purpose and purpose. The methodology of studying human rights should be based on the theory of dualism in regulating social relations, based on the fundamental difference between law and law. Being subsidiary, public means of regulation should be used according to the principle of minimum necessity. Such an approach will lead to a reduction in the institutional costs of the free activity of individuals.

1. Antonov, M. (2011) On the system and branches of legislation. Law and Economics. No. 3. Pp. 53–58. (In Russ.)

2. Arzamasov, Yu. G. (2007) Nature of Legal Activity. Leningrad Law Journal. No. 3. Pp. 33–52. (In Russ.)

3. Bakhrakh, D. N. (2000) Legal Process and Administrative Proceedings. Journal of Russian Law. No. 9. Pp. 8–15. (In Russ.)

4. Bakhrakh, D. N., Rossinsky, B. V., Starilov, Yu. N. (2006) Administrative Law: textbook. 2nd ed. 800 p. (In Russ.)

5. Belyaev, V. P. (2005) On the Classification of Legal Activity. Leningrad Law Journal. No. 3 (4). Pp. 175–185. (In Russ.)

6. Velsky, K. S. (1997) On the Subject of Administrative Law. State and Law. No. 11. Pp. 14–21. (In Russ.)

7. Elistratov, A. I. (1917) Basic Principles of Administrative Law. 2nd ed. 294 p. (In Russ.)

8. Kartashov, V. N. (1990) Legal Activity: Theoretical and Methodological Problems. Abstract of Doctor of Law Dissertation. 41 p. (In Russ.)

9. Kropachev, N. M. (1999) Criminal-Law Regulation. Mechanism and System. 262 p. (In Russ.)

10. Kushkhova, B. Z. (2009) The concept and essence of public authority. Leningrad Law Journal. No. 1. Pp. 179–184. (In Russ.)

11. Matuzov, N. I., Malko, A. V. (2022) Theory of State and Law: textbook. 5th ed. 528 р. (In Russ.)

12. Mises, L. von. (2005) Human activity: a treatise on economic theory. 878 p.

13. Polyakov, A. V. (2004) General Theory of Law: Problems of Interpretation in the Context of the Communicative Approach. 863 p. (In Russ.)

14. Popondopulo, V. F. (2021) Dualism of Public Relations Regulation (Legal and Regulatory Regulation). Theoretical and Applied Law. No. 3. Pp. 7–16. (In Russ.)

15. Popondopulo, V. F. (2021) Human activity: legal forms of implementation and public organization. Prospekt. 736 p. (In Russ.)

16. Protasov, V. N. (1991) Legal procedure. 79 p. (In Russ.)

17. Sapun, V. A. (2005) Law enforcement activity: features and structure. Leningrad Law Journal. No. 3. Pp. 185–191. (In Russ.)

18. Slepchenko, E. V. (2012) Civil proceedings: problems of unity and differentiation. 484 p. (In Russ.)

19. Sorokin, V. D. (2002) Administrative process and administrative-procedural law. Izdatel’stvo Yuridicheskogo Instituta. 474 p. (In Russ.)

20. Stepanov, D. I. (2012) Draft Civil Code: from Soviet-style paternalism to true private law. Law. No. 5. Pp. 97–110. (In Russ.)

21. Syrykh, V. M. (ed.) (2001) Sociology of Law. 446 p. (In Russ.)

22. Tikhomirov, Yu. A. (2004) Modern Theory of Administrative Law. State and Law. No. 11. Pp. 10–18. (In Russ.)

23. Chufarovsky, Yu. V. (1999) Legal Activity: Concept and Structure, Its Value and Significance. Jurist. No. 4. Pp. 13–18. (In Russ.)

24. Eleyzer, D. D. (1995) Comparative Federalism. Polis (political studies). No. 5. Pp. 106–115. (In Russ.)