1. Introduction. – 2. Methodology. – 2.1. Conceptual Research Approaches. – 2.2. General Scientific Research Methods. – 2.3. Group Methods. – 2.4. Special Scientific Methods. – 3. Human Security as a Value. – 4. The Value of Human Security in the Field of General Permissive Type of Legal Regulation. – 5. The Right to Judicial Protection as a Platform for Interaction of the Values of Human Security and Freedom: Legal Instruments for Ensuring. – 6. Conclusions.
Background: The armed aggression of the Russian Federation against Ukraine and within Ukraine
makes the issue of security as a universal human and legal value particularly relevant. Ukrainian
legislation defines the concept of national security and links it, among other things, to the protection
of vital human interests, safe living conditions, and well-being. This prompts an examination of the
phenomenon of human security in view of: 1) the dependence of collective security on external
factors, especially under martial law, and 2) the influence of internal factors on individual
capabilities, particularly those related to national defence procedures.
Methods: The study is based on a system of methods subordinated to a single natural law conceptual
research approach, which serves to substantiate the scientific hypothesis that human security is
understood as a component of a complex value—the value of the human personality, primarily in
terms of its legal protection and development in conjunction with the value of freedom.
Results and conclusions: Based on the results of the study, it was found that social relations
related to the embodiment of the value of human security are subject to a general permissive type
of legal regulation. Aimed at enabling the “general freedom of action” of a person, this type of
regulation becomes a guideline and criterion for assessing legislation and legal practice, in
particular, legal means that shape the content and scope of constitutional rights that mediate
human protection procedures, such as the right to judicial protection. At the same time, the
analysis of the practice of Ukraine’s constitutional jurisdiction illustrates examples of testing such
legal means (justified from the standpoint of preserving and expanding the scope of freedom) in
the course of examining issues of compliance with the principles of the non-exhaustiveness of
human and civil rights and the prohibition of narrowing the content and scope of existing rights.