Abstract
<jats:p>The article presents a philosophical and legal analysis of the problem of the implementation of human rights and freedoms in the conditions of the modern legal order. The starting point of the study is the proposition that human rights are not only legal constructs, but primarily moral and anthropological categories that must have a real embodiment in legal practice. The key to understanding the implementation of rights and freedoms is not only their formal consolidation in legal acts, but also the provision of institutional, social and cultural conditions for their practical implementation. The paper analyzes the historical and philosophical development of the idea of human rights - from ancient ideas about natural law to modern concepts, such as John Rawls' theory of justice and Jorgen’s communicative theory of law. Hagerman Special attention is paid to understanding the dualism of natural and positive law. It is emphasized that the effective implementation of rights is possible only under the conditions of their moral legitimation and the integration of moral values into positive law. The role of key institutions of the rule of law — the judiciary, government bodies, civil society and international organizations — in guaranteeing and protecting human rights is revealed. It is noted that independent justice, citizen participation in democratic processes, adherence to the rule of law and implementation of international standards are necessary prerequisites for overcoming the declarative nature of rights. A separate part of the study is devoted to the philosophical criticism of the declarative nature of rights and freedoms, which is manifested in the gap between formal norms and real social practice. The author emphasizes that such declarativeness is a consequence of neglect of the dignity of the person, as well as the absence of real mechanisms for implementing legal guarantees. In this context, the restoration of the connection between law and morality, which is based on the principles of autonomy, equality and justice, is proposed. The article also examines current challenges facing the realization of rights: war, digital control, global social inequality. These phenomena not only limit individual rights, but also change the very structure of legal consciousness. The author insists on the need to expand philosophical and legal approaches to the analysis of these new challenges, in particular by rethinking the concepts of privacy , security, and responsibility in the digital age. Special emphasis is placed on the concepts of dignity and legal personality as fundamental conditions for the realization of rights. It is argued that it is the recognition of a person as a bearer of dignity and autonomy that creates the basis for the formation of an effective system of legal protection. In this sense, human rights should be considered not as abstract formulas, but as a means of ensuring the real participation of a person in social and political life. In conclusion, the article proves that the philosophical and legal justification of the implementation of human rights and freedoms is a multidimensional process that encompasses both legal and moral, social and cultural aspects. Such an approach allows not only to comprehend the essence of human rights, but also to formulate practical recommendations for their effective implementation in the conditions of a modern legal state. Keywords: human rights, philosophy of law, rule of law; dignity, legal personality, normativity, justice, positive law, natural law, realization of rights.</jats:p>