workstipulation of freedom of a person
The antique classical legal theory and practice based on ethathist beginnings, has laid the foundation of modern doctrines about the organization of the state power, powers of bodies of the government and their officials, has given the mankind sets of samples of legal regulation of public relations. At the same time in the sphere of legal stipulation of the status of the person, especially in the relations with the state, there has been made very little. Political and legal thought and practice of the policy organization of the society have not yet known the concept of the rights of the person as the publicly-legal category. The condition of possession the rights in the antique policy was citizenship. The basic value of the policy - there was recognized not individual freedom of a person but collective freedom, that is the freedom of a person as the citizen of the policy, being the basis of the reasonable law and order in the society.
For the free citizens of policies there were recognized certain measures of possible behaviour, however on their contents, ways of stipulation and protection they essentially differed from habitual to us rights and freedoms of a person and a citizen. It is necessary to note, that in the antique states the person did not enjoy freedom in its modern understanding. Alin did not have representation about it and did not assume, that in relation to the state it was possible to enjoy any rights. The citizens of policies identified themselves with the state, its purposes and aspirations. Nevertheless, according to AV Ilyin, exactly in antique policies the legal system of the West based takes its beginning based on the private property and active role of an individual, the citizen-proprietor, whose personal advantage, rights and freedoms are protected by the right from all penetrating and breaking state dictatorship, violence and robbery [53] .Roman jurisprudence has issued the previous representations about the place and role of the person in the society and in the form of full legal capability. In this full legal capability of the Roman citizen there existed the political component - jus suffragii and jus honorum [54]. However filling of the political status of the Roman citizen was considered, most likely, as admitted and has not received stipulation in the form of more or less concrete list of measures of behaviour.and legal stipulation of various displays of freedom of the person is indissolubly connected with ideas of medieval youth naturalism, which was under influence of Christian dogmatics. In the Middle Ages the rights were understood as the privileges granted by the seigneur to the vassals. Feudalism, on the one hand, and church with its religious intolerance, on the other hand, have done to block all to way to aspirations of the person to political freedom, freedom of worship. The question about the real rights of wide layers of the society did not exist. The codes of that time of the rights to political and civil freedom, freedom of worship were not universal and were recognized only for one layer of the society - the nobility [55] arters have become historically first, internally inconsistent and not always consecutively stipulated rights and freedom of a person. The vivid example of such documents can serve the Gold Bulla of King Andrew II (+1222), Gold Bulla of Emperor Charles IV (1356), Koshit privilege of king Lui Hungarian (1374), Petrakov statute (1 496), etc. However the most well-known of such codes is the Great charter of liberties (+1215). Its adoption was the political result of the struggle developed in England between the monarch and antiroyal coalition, headed by barons and the supreme clergy, dissatisfied with unreasonable taxes of royal authorities. There for the first time was legislatively stipulated the principle of civil freedom. It was proclaimed in Article 39 of the Great Charter: Any free person will not be arrested, or imprisoned, or deprived of possessions, or declared outside the law, or expelled, or made destitute, and we shall apply to him only lawful verdict under the law of the country. Raquo; [56]. The charter also has stipulated freedom of church (Article 1, 63), freedom of movement (Article 42); creation of the organization which should provide inviolability of the rights of the people (Article 61). Thus, at the beginning of XIII century for the English citizens there was recognized the right of personal freedom, and it was not only recognized, but provided.great Russian lawyer AD Gradovskiy has noted: In the Great Charter there has found expression the known minimum of the political requirements developed by the English nation. All the others have grown from it, as from the initial crystal. But it was not...
