Theory of human rights in the works of A.P. Kunitsyn

Introduction: In the domestic legal literature, there has long been a need for a comprehensive political and legal study of the theory of human rights within the framework of the teachings on the origin of the state and law. In recent years, there have been trends in the study of the state-legal views of the classics of Russian theoretical and legal thought, taking into account the current level of knowledge development and the principle of historicism. Due to this circumstance, some concepts get a «second wind», constructively proving the validity of their provisions. In this context, it is necessary to turn to the ideas of the outstanding representative of the national school of natural law A.P. Kunitsyn, focusing on his understanding of human rights, both in general and in the context of his civil and family legal doctrines. Materials and methods: the empirical basis of the study was made up of primary sources in the form of the works of A.P. Kunitsyn, as well as relevant research literature. The methodological basis of the research was manifested in the complex use of dialectical, historical-legal, structural-legal and formal-legal methods. The results of the study: the provisions of both the author’s theory of human rights in general and in the spheres of civil and family are clarified, their concrete historical content and innovation are revealed in comparison with the developments of A.N. Radishchev. Findings and Conclusions: the concept and types of initial and derivative human rights, the concept and types of the rights of the owner, the requirements for the legality of the contract, the legal nature, the grounds for the conclusion and dissolution of marriage, as well as the relationship between parents and children are disclosed.