General theoretical characterization of legal duties as a basis for understanding the constitutional duties of an individual and a citizen

Abstract

The article offers a general theoretical characterization of legal duties as a foundation for understanding the constitutional obligations of individuals and citizens. It establishes that the organization and functioning of Ukrainian statehood, along with the establishment and development of a capable civil society, are complex and protracted processes influenced by numerous factors. Given the enormous impact of various aspects on this process, one cannot ignore the human factor, which is the influence of people on the development of statehood and the formation of civil society with all its institutions. This human influence is largely exercised through the fulfillment of constitutional duties assigned to individuals by the Constitution and laws of Ukraine. However, to achieve a deep and comprehensive understanding of these duties, one must begin with the more general categories that underlie constitutional duties. Primarily, this pertains to social duties, and more specifically, to legal duties. Therefore, the article constructs a framework for understanding the duties of individuals and citizens, progressing from social duties to legal duties, and finally to constitutional duties. The first category (social duties) encompasses all obligations a person has within society and towards others, including their associations. These duties encompass both legal obligations, regulated by law, and non-legal obligations, governed by other social regulators (moral norms, religion, customs, and corporate standards). In this context, social duties represent a broad category of modern obligations that individuals owe to other people (an individual), to society, and to humanity as a whole.

Additionally, it should be noted that some social duties, when viewed from a historical perspective, are significantly closer in importance to constitutional duties. Therefore, understanding constitutional duties and their legal nature should encompass both the social nature of social duties and the legal nature of legal duties, while also accounting for the specific characteristics and features of constitutional duties.

Regarding legal duties, the article proposes defining them, based on established scientific principles, as a type of social duty established in the interest of society through binding and prohibitive legal provisions. These duties are realized through lawful behavior, including fulfillment and compliance, and deliberate non-fulfillment of these duties incurs legal liability. This definition is universal and applies both to the basic constitutional duties and to duties established by other branches of law.