PHILOSOPHICAL UNDERSTANDING OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS IN THE PROCESS OF EXECUTION OF CRIMINAL SENTENCES IN PLACES OF DETENTION

Abstract

The article is devoted to the philosophical understanding of fundamental human rights and freedoms in the context of the execution of criminal penalties as an important direction of development of the modern legal state. It is substantiated that even in conditions of restriction of freedom, a person does not lose his legal status and remains a bearer of inalienable dignity, which determines the need to combine the punitive function of the state with the principles of humanism. The paper analyzes the main philosophical concepts of human rights, in particular the naturalistic, positivist and existential approaches. It is established that the naturalistic theory considers rights as natural and inalienable, independent of the state will, while legal positivism connects their existence with legislative consolidation and compulsory provision. Existentialism focuses on the internal freedom of the individual, which is preserved even in conditions of isolation, which expands the understanding of human rights beyond the formal-legal approach. It is determined that the modern penal system is based on the principle of preserving the majority of a person's rights, with the exception of restrictions expressly provided for by law and a court verdict. The importance of constitutional norms and international standards in ensuring the prohibition of inhuman or degrading treatment, as well as in the formation of appropriate conditions for the detention of persons in places of deprivation of liberty, is emphasized. The study also clarifies philosophical positions on the humanization of criminal punishment. The utilitarian approach is focused on achieving public benefit and security, while the deontological (Kantian) emphasizes the inadmissibility of using a person solely as a means. At the same time, modern approaches to the execution of sentences involve a combination of these ideas by ensuring a balance between the interests of society and the rights of the convicted person. It is concluded that the philosophical understanding of human rights is a necessary prerequisite for the effective functioning of the penal system, as it contributes to the establishment of the principles of humanism, justice and proportionality of punishment. The rights of convicts are considered not only as a legal category, but as a fundamental value that determines the limits of state coercion and the direction of reforms in the field of execution of criminal sentences