The civil legislation of Ukraine stipulates that among the mandatory goods - objects of civil rights the highest social value is human life and health, its honor and dignity, integrity and security (Part 2 st.201 Central Ukraine). The Constitution contains a provision according to which "Everyone has the right to safe life and health of the environment and the compensation of violations of this right.
Everyone is guaranteed the right of free access to information about the state of the environment, the quality of food and household items, as well as the right to disseminate it. Such information can not be kept secret "(article 50 of Constitution of Ukraine). This rule is an important element of the system êîíñòèòóö³éíî-pravovovih safeguards to ensure the personal safety of citizens.
Legal services moral right to personal security for a long time remained in Ukraine at a low level and limited scope of criminal-legal regulation.
Part of the issue of food safety and household items as one of the most important elements of the right to a safe environment paying attention to such well-known scientists: OI Iorish, OI Krasovskii, M. Kovalev, LO Krasavchikova, M . Malein AM.
Current status of research in this area indicated a significant accumulation of scientific material, creating the theoretical concept of human rights to personal security.
The largest cusp in modern conditions become legal regulation of safety of the person's right to carelessness of objects of consumption. Among them are the two main groups: food and household goods.
The legislative framework in this area are: the Law of Ukraine "On protection of population and territories from emergency situations of technogenic and natural character" of 8 June 2000, the Law of Ukraine "On Protection of Rights of the influence of ionizing radiation" from January 14, 1998, the Law of Ukraine "On Consumer Protection Act of 12 May 1991; Law of Ukraine "About quality and safety of food and food raw materials" from December 23, 1997, the Law of Ukraine "On the exclusion from the treatment, recycling and disposal, destruction and subsequent use of defective and dangerous products" January 14, 2000.
In accordance with Article 1 of the Law of Ukraine "About quality and safety of food and raw food, food safety - it is no threat to the harmful influence of food, raw food and related materials on the human body, and rates the safety of food products - is a scientifically valid indicators content (maximum allowable limits of the influence) in the marked products are harmful to human health and life of components or materials of chemical, biological, radiation and any other origin, breach of which leads to harmful effects on human health.
Under the low-quality food products - to understand food-quality indicators and consumer properties which do not meet marked the declaration of conformity, regulations or regulatory legal acts, and a dangerous food products - Taku, the safety record that does not meet established in Ukraine for this type of product ... as well as food production, consumption (use) is associated with increased risk to health and human life.
In the 4 Section of the same Act stipulates that substandard, dangerous to human life and health or adulterated food, raw food and related materials are prohibited to manufacture, import, sell, use or wholesale retail, catering.
Under present conditions, marked by legal norms do not fully satisfy the requirements of personal security. To ensure the effective implementation of the right to personal security necessary to bring the law relating to the definition of food safety in line with the needs of modern times.
Yes, food safety (personal food security) should be understood as a state of not only the absence of a direct threat to the harmful effects on humans, but as the absence of threats to the likelihood of the adverse effects of consumption of food, raw food and related products for direct consumer and for his descendants.
For their turn under the record of safety of food products must be understood scientifically sound indicators of the content in these products, hazardous and possibly harmful to human health and life of components or materials and components and materials, effects of exposure to which the organism under the existing conditions of the development of science and technology can not be defined as safe or to predict them with the real probability.
As a consequence, should be considered dangerous food products, consumption of which is associated with increased or probable risk to life and human health, as well as food products, the impact of which (parts, ingredients, content) is uncertain for human life and health (consumer) or descendants of nature.