ТЕОРЕТИКО-ПРАВОВИЙ АНАЛІЗ ПОНЯТІЙНО-КАТЕГОРІАЛЬНОГО АПАРАТУ У СФЕРІ ОБМЕЖЕННЯ ПРАВ ЛЮДИНИ: ВІДМІННОСТІ МІЖ СУМІЖНИМИ ПОНЯТТЯМИ.

The article examines the relationship between the concepts of «restriction of human rights» and «discrimination». It was established that the study of differences in the essence of these concepts is extremely important in the context of law-making and law-implementation concepts of modern society. The state of scientific research on the topic and the most common approaches to the interpretation of the concepts of «restriction of human rights» and «discrimination» are analyzed. Their doctrinal understanding is revealed and the main legal features are indicated. It has been found that the restriction of rights can arise in the form of necessary restrictions to ensure general well-being or national security and other demanded social values, while discrimination is aimed at violating the equality and dignity of a person, according to certain characteristics, in order to weaken the legal position of certain social groups Two approaches to defining the concept of «restriction of human rights» have been identified. According to the first, the restriction of human rights is characterized by the understanding of such a restriction as narrowing, reducing the opportunity to enjoy certain social benefits, with the aim of ensuring the realization of the rights of other people, health protection and protection of the territorial integrity of the state. According to the second approach, the limitation of rights is considered as the establishment of certain frameworks, prohibitions, responsibilities, imposition of additional duties in order to ensure the necessary balance between public and private interests. Two approaches to defining the concept of «discrimination» have been identified. Representatives of the first approach define discrimination through actions that violate the principle of equality and affect human dignity, representatives of the second approach reduce discrimination to differences in human rights and freedoms. It was established that «restriction of rights» is a mechanism by which the state can regulate the behavior of citizens in the interests of national security, public order or ensuring the safety of other people, which may include the establishment of additional duties, prohibitions, responsibilities, etc. On the contrary, «discrimination» is aimed at certain social groups and consists in the violation of their equality and dignity, manifested in the restriction of access to various opportunities, services or resources based on personal characteristics. [ABSTRACT FROM AUTHOR]