ENSURING THE RIGHT TO LIFE USING RESTRICTIVE LEGAL MEASURES: PHILOSOPHICAL AND LEGAL ASPECTS
The article discusses the restriction of the right to life of a person. Life is considered taking into account two approaches: biological and social. It is substantiated that the right to life should be considered as a natural right of any person who is a highly organized biological being, and as a right of a person living in a certain society. A natural right to life of a person cannot be limited, since it is associated with the course of physical and chemical processes in the body, which in general do not depend on the will of other persons. A right to life in society should initially be viewed from two perspectives: as a realization of the right to life, taking into account the needs of a specific person, and as a realization of the right to life, taking into account the biological existence of a particular person. The right to life associated with the realization of the needs of a particular person is limited by existing laws in a particular society. However, it may be associated with certain limitations of man as a biological being. The right to life of a person as a biological being can be limited only by virtue of the law, and the will of the person is not taken into account. The opinion is upheld that only a court can declare legal the restriction of the right to biological life in society.