ON THE POSSIBILITY OF APPLICATION OF A LEGAL TECHNOLOGY CONCEPT IN THE MODERN THEORY OF GUARANTEEING HUMAN RIGHTS

To develop the concept of guaranteeing human rights and personal freedoms in Russia, we propose to use a constructive critical approach which has not been sufficiently elaborated both in the theory of state and law and in legal science yet. The cornerstone of this approach is the theory of legal technology-the system of methods, modes and means based on skills, knowledge and processes in the sphere of human rights. The system is aimed at the elaboration of the mechanism for guaranteeing personal rights and freedoms; the development of human rights institutions in accordance with concrete historical requirements of a society in the course of its potential development. Two approaches form the methodological basis of legal technology. According to the first one, there is a possibility to obtain knowledge with the help of the method of concrete analysis i.e. the cognition of a concrete real-life situation. The second approach enables us to examine and apply the methods and modes of formation and changing of the mechanism of guaranteeing human rights and personal freedoms and its elements. The mechanism of guaranteeing human rights and personal freedoms can be understood if we consider the basic methods for its construction. The cognition of methods is a further step on the way of study and application of legal technology in the issues of guaranteeing human rights and personal freedoms. Legal technology includes such methods as gradual changing and correction. The first one is based on the technology, which specifies the options and modes for the construction or changing of the system of guaranteeing human rights and personal freedoms. This method is based on the common factors of nature development and enables the researchers to put really reachable tasks to guarantee human rights but not to look for some ideal. The method of correction enables us to change legal normative acts, forms and modes of the activities of human rights institutions etc. Moreover, the above method does not imply any global changes which are based on the destruction of existing mechanisms and establishment of the new ones. Social legal experiments are called to be helpful for the method of correction. The author states that any person can estimate the work of the developed mechanism at each stage in case he relies on legal technology and its methods.