Protection of constitutional rights and freedoms. Legal protection of the rights and freedoms of citizens What are the constitutional rights and freedoms of man and citizen, what is their value
No matter what state a person is in, he always remains a free being, protected by the world community, his own state, of which he is a citizen, as well as the state in which he is located. The state of freedom is not bestowed by any public authority, but belongs to man by virtue of his birth. A person, his rights and freedoms are the highest value of the state (Article 2), and their recognition, observance and protection are the responsibility of the state.
The exercise of human and civil rights and freedoms must not violate the rights and freedoms of others. The rights and freedoms of man and citizen determine the meaning, content and application of the laws of the Russian Federation, the activities of legislative and executive power, MSU.
Art. 19: Everyone is equal before the law and the court. The state guarantees equality of rights and freedoms of citizens regardless of gender, race, nationality, or language.
The main guarantor of the rights and freedoms of citizens in the Russian Federation is the President of the Russian Federation; legal protection of rights and freedoms is also carried out by:
1. Human Rights Commission under the President of the Russian Federation;
2.Commission for consideration of citizenship issues;
3. Commissioner for Human Rights in the Russian Federation (FKZ No. 1 “On the Commissioner for Human Rights in the Russian Federation”);
4.The Government of the Russian Federation and judiciary.
A citizen has the right to appeal against actions that violate his rights and freedoms in accordance with the law “On appealing in court against actions that violate the rights and freedoms of citizens” dated April 27, 1993.
Human rights– measure possible behavior person as a participant public relations, regardless of where these relationships arise.
Human freedom– an available opportunity for a person’s self-realization that does not require strict legal regulation from the state.
Constitutional rights and freedoms– most important rights and freedoms of man and citizen, revealing the natural state of freedom and receiving the highest legal force. The listing of fundamental human rights in the Russian Federation cannot be interpreted as a denial or disparagement of others universally recognized rights and freedoms (Article 55).
The totality of these rights, freedoms and responsibilities constitute constitutional and legal status person and citizen.
Means and methods of protection:
à Constitutional-judicial mechanism ( Constitutional Court).
à Judicial protection (courts of general jurisdiction).
à Administrative actions of executive authorities.
à Legitimate self-defense of a person’s rights.
à International legal mechanism.
Today it is generally accepted that human rights are protected by the international community and are the property of the entire civilization. The following regulations apply in this area: legal acts:
à Universal Declaration human rights, adopted by the UN General Assembly on 12/10/48,
à International Covenant on Civil and Political Rights (1966),
à International Covenant on Economic, Social and Cultural Rights (1966),
à Convention against Torture and Other Inhuman Treatment (1984),
à International Convention on the Elimination of All Forms of Racial Discrimination, etc.
These international legal acts served as the basis for the corresponding chapter in the Code of the Russian Federation (Part 1, Article 17).
Guarantees for the observance and protection of human rights are provided by law, constitution or the terms of an international treaty. Human rights, which are guaranteed by law, provide him with protection only from the executive power, and those enshrined in the constitution or in the recognized principles and norms of international law - and from the legislative power. But the CRF, like any constitution, cannot be free from the declaration: rights and freedoms, guarantees of their protection are proclaimed in it, but the mechanism for their implementation is neither in the Constitution itself nor in others adopted on its basis legislative acts not significantly defined.
Classification of rights and freedoms of citizens:
ü Personal rights : the right to life, personal dignity is protected by the state, the right to freedom and personal integrity, the right to privacy, freedom of thought and speech.
ü Political rights and freedoms: freedom of the press and information, the right to association, the right to peaceful assembly and public demonstrations, the right to participate in the management of state affairs, the right to elect and be elected.
à Economic, social and cultural rights: right to economic activity, right private property motherhood and childhood, the family is under state protection, the right to social security, everyone has the right to housing, the right to health care and medical care, the right to favorable environment, the right to education, etc.
à Labor rights and freedom : right to work, right to rest, etc.
All rights in Chapter 2 (Article 17-64) of the Russian Federation The fundamental rights and freedoms of a person are inalienable and belong to him from birth.
Protection of rights and freedoms- the duty of the state. The Constitution of the Russian Federation guarantees the protection of human and civil rights and freedoms (Part 1, Article 45). Everyone has the right to protect their rights and freedoms by all means not prohibited by law (Part 2 of Article 45 of the Russian Federation). Authority legislative bodies on these issues are both the responsibility of the Russian Federation (regulation and protection) and the joint responsibility of the Federation and its subjects (protection). The President of the Russian Federation is the guarantor of rights and freedoms. The responsibility to implement measures to ensure rights and freedoms is part of the powers of the Government of the Russian Federation. This function is the main purpose judicial system. Consequently, the entire mechanism of the state, all bodies, participates in guaranteeing rights and freedoms state power.
Self-defense of rights and freedoms - methods of self-defense: appealing actions officials, contacting the media, using human rights organizations and public associations.
Judicial protection– The Constitution of the Russian Federation guarantees to every citizen legal protection his rights and freedoms (Article 46).
International protection– The Constitution of the Russian Federation gives every citizen the right to file a complaint in government bodies for the protection of rights and freedoms (Part 3 of Article 46), if all available domestic means have been exhausted legal protection.
Compensation for harm– according to Article 53 of the Russian Federation, “everyone has the right to compensation by the state for damage caused illegal actions(or inaction) of state bodies. authorities or their officials."
Irrevocability of rights and freedoms– Part 2 of Article 55 of the Russian Federation establishes that in the Russian Federation laws that abolish or diminish the rights and freedoms of man and citizen should not be published. The law establishing or aggravating liability does not have retroactive effect.
Constitutional guarantees justice - guarantees of jurisdiction, the right to legal assistance, the presumption of innocence (Article 49), the prohibition of re-conviction, the invalidity of illegally obtained evidence, the right to review the sentence, the right of victims, a guarantee against self-incrimination.
The rights and freedoms of man and citizen may be limited by federal law only to the extent necessary in order to protect the fundamental principles constitutional order, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and state security.
In conditions state of emergency to ensure the safety of citizens and protect the constitutional order in accordance with federal constitutional law, may be established individual restrictions rights and freedoms, indicating the limits and duration of their validity.
The rights and freedoms provided for in Articles 20, 21, 23 (Part 1), 24, 28, 34 (Part 1), 40 (Part 1), 46 - 54 of the Constitution are not subject to restrictions. Russian Federation.
Protection of rights and freedoms is the responsibility of the state. The Constitution of the Russian Federation guarantees the protection of human and civil rights and freedoms (Part 1, Article 45). the powers of legislative bodies on these issues fall both within the jurisdiction of the Russian Federation (regulation and protection) and jointly with the Federation and its subjects (protection). The President of the Russian Federation is the guarantor of rights and freedoms. The responsibility to implement measures to ensure rights and freedoms is part of the powers of the Government of the Russian Federation. This function is the main purpose of the judicial system. Consequently, the entire mechanism of the state, all government bodies, are involved in guaranteeing rights and freedoms.
Based on Article 2 of the Constitution of the Russian Federation, a person, his rights and freedoms are the highest value. Their recognition, observance and protection are the responsibility of the state. Please note that this is the only responsibility Russian state, which is directly established in the constitutional order.
The fundamentals of legal protection of the rights and freedoms of citizens of the Russian Federation are reflected in the Constitution of the Russian Federation. It establishes the following principles:
formal legal equality (part 1 of article 19)
inalienability of human rights (Part 2 of Article 17)
provision of rights and freedoms with justice (Article 18)
inadmissibility of discrimination on any grounds (Part 2 of Article 19)
guarantee of state protection of the rights and freedoms of citizens (Part 1 of Article 45)
guarantee of judicial protection of human rights and freedoms (Part 1 of Article 46)
self-defense by citizens of their rights and freedoms by all means not prohibited by law (Part 2 of Article 45) ( personal protection(v.33) and collective defense(Part 1 Article 30)
the right to protection of rights and freedoms in interstate human rights bodies (Part 3 of Article 46)
Which includes the orderly activities of public authorities, non-governmental human rights organizations and independent implementation subjective rights and freedoms, aimed at preventing, suppressing and restoring violated rights and freedoms while maintaining an appropriate balance of public and private interests.
In any case, any human rights mechanism includes the following components:
- normative (a set of hierarchically subordinate normative legal acts);
- institutional(bodies, organizations, institutions, officials related to the justice and law enforcement system);
- instrumental(a set of legal and non-legal means and methods used by various bodies in order to ensure and protect human rights and freedoms).
It should be noted once again that all three components are organically interconnected; they cannot be considered in isolation from each other, without taking into account their interdependence and interaction.
Despite the importance of various mechanisms for the protection of human rights, a special place in any modern democratic state still occupies a mechanism of constitutional control.
Currently, the mechanism for protecting human rights and freedoms is quite complex, and scientists usually include:
- domestic(or national) institutions and institutions for the protection of human rights and freedoms;
- international institutions and institutions for the protection of human rights and freedoms, including, of course, European ones.
Russia has created a system of bodies and officials responsible for ensuring and protecting human and civil rights:
- system state law enforcement and human rights organizations (such as the Commissioner for Human Rights, court, police, prosecutor's office, etc.);
- a system of public human rights organizations (such as the Committee for the Protection of Consumer Rights, various public associations and movements).
There are also public councils (chambers), committees, commissions and other similar entities created both under the President of the Russian Federation and in bodies in the constituent entities of the Federation, and others. But both state and public human rights organizations are united by a common goal - the protection of human and civil rights.
The international legal mechanism for the protection of human rights is usually called control, since the main bodies operating within this mechanism are monitoring the implementation by states of their obligations under international law relating to human rights. Therefore oOne of the most important processes in the mechanism for the protection of human rights is the convergence of various national legislations with the norms of international law.
Elements of the mechanism for protecting rights and freedoms by group
In relation to human rights and freedoms, the following elements can be distinguished in the mechanism for protecting human rights and freedoms for various reasons:
First group:
- ensuring the legislative (regulatory) establishment and consolidation of the rights and freedoms of various participants in public relations and
- ensuring effective protection of their rights and freedoms;
Second group:
- legislative (regulatory), including international legal;
- administrative;
- judicial;
- public (non-state);
- state and non-state human rights mechanisms.
Third group:
First of all, it is necessary to clarify the concept of “fundamental,” “constitutional,” and other human rights. The lack of precise language in a number of constitutions makes it difficult to answer this question. However, basic individual rights are constitutional rights. This interpretation follows, for example, from a comparison of Article 17 and Art. 55 of the Constitution of the Russian Federation, which notes that the enumeration in the Constitution of the Russian Federation of fundamental rights and freedoms should not be interpreted as a denial or derogation of other generally recognized rights and freedoms of man and citizen. At the same time, in paragraph 2 of Art. 17 we are talking only about fundamental rights, which allows us to emphasize their special properties - inalienability and natural character (belonging from birth).
Fundamental rights are subjective. This is a truth that is obvious today, but has been repeatedly challenged during historical development. Only at the beginning of the 20th century, as a result of long debates about the concept of subjective law in general and fundamental rights, a new understanding of fundamental rights as subjective was formed, and the citizen was able to refer to them in the face of power structures.
Fundamental rights, i.e. the opportunity to exercise their constitutional and other rights are inalienable - refusal of them is legally invalid. Derivatives from the basic, “other” rights, for example, the right of ownership of a certain thing, are alienable; it can be sold, donated, etc., but this does not infringe on the basic right of a person to own property.
Fundamental rights and freedoms may be limited in cases and to the extent provided for by the Constitution and the law in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and the security of the state (Part 3 of Article 55 of the Constitution RF). Some rights may be limited if they are abused, for example, the right to association - by prohibiting the creation and activities of public associations whose goals or actions are aimed at violently changing the foundations of the constitutional system, inciting social, racial, national and religious hatred, etc. (Part 5, Article 13 of the Constitution of the Russian Federation).
In the specialized literature it has become common to consider constitutional rights as fundamental. This found expression in the Weimar Constitution, was adopted by the Basic Law of the Federal Republic of Germany, and then by a number of new European constitutions. “Whatever designation is chosen, we are talking in essence, always about those rights that are fundamental to ensuring legal status person and citizen and who therefore receive guarantees in the fundamental laws of the state” 1.
The European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 provides for the possibility of a person to apply to the European Court to protect a violated right under the conditions of exhaustion of all domestic remedies provided for by national legislation.
Part 2 of Article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms states: “The exercise of these rights shall not be subject to any restrictions other than those provided by law and necessary in a democratic society in the interests of national security and public safety, in order to prevent disorder and crime, protection of health or morals or protection of the rights and freedoms of others.”
In the modern world, when the problem of protecting human rights has gone far beyond the borders of each individual state, the need arose to create universal international legal standards, which are also fundamental human rights. These fundamental rights are reflected in a number of the most important international legal acts that established universal standards for the rights and interests of the individual, defining the bar below which the state cannot fall.
System of support and protection mechanisms
rights and freedoms.
The constitutional duty of the state to respect and protect the rights and freedoms of man and citizen is to create conditions for their implementation and a mechanism for their protection. Ensuring such conditions and protecting the rights and freedoms of man and citizen are the functions of all government bodies and bodies local government.
A special role in protecting rights and freedoms from violation by state authorities and local governments, as well as by other persons, is played by the judiciary. The Constitution also provides for a body that deals only with this problem - the Commissioner for Human Rights. However, the activities of the Commissioner for Human Rights do not exclude the need for the fastest and full implementation of the constitutional provision on the creation of an administrative justice system (Article 118, Part 2). Independent and impartial administrative courts are a necessary means to strengthen the rule of law in the activities of public authorities.
The Constitution of the Russian Federation, having prescribed that the rights and freedoms of man and citizen determine the meaning, content of laws, the activities of legislative, executive power, and local self-government, at the same time established a way to ensure these rights and freedoms - justice.
Justice is the activity of the court, carried out in the manner prescribed by procedural law and consisting in the consideration and resolution of conflicts related to actual or alleged violation of civil, administrative and other branches of law. The court is the guarantor of individual rights. Everyone is guaranteed judicial protection of his rights and freedoms (Article 46, Part 1). The right to judicial protection of everyone means that any person has it, regardless of citizenship. The guarantee of judicial protection means, on the one hand, the right of everyone to file a complaint with the appropriate court and, on the other hand, the obligation of the latter to consider this complaint and make a legal, fair and informed decision on it.
Article 45 of Part 1 of the Constitution of the Russian Federation states: “State protection of the rights and freedoms of man and citizen in the Russian Federation is guaranteed.” State protection of rights and freedoms refers to the activities of all branches of government – legislative, executive, judicial – aimed at this. Each of them, acting independently, must at the same time direct its efforts to ensure that the rights and freedoms granted to citizens do not remain only on paper, but are protected in practice.
A special role in protecting rights and freedoms belongs to the President of the Russian Federation, as the guarantor of the rights and freedoms of man and citizen (Article 80 of the Constitution of the Russian Federation). As the head of state, the President has broad powers and has great opportunity to fulfill this responsibility. Under his direct subordination there is an apparatus and special structural units that assist him in fulfilling this state task.
Many issues of protecting human and civil rights and freedoms are developed and resolved at the level of the Government of the Russian Federation and its apparatus. Almost all ministries and departments are involved in this. For example, the Ministry of Internal Affairs is obliged to resolve issues of combating crime, ensure the safety of the population, and protect their property and other rights from attacks. Legislative and executive authorities in the constituent entities of the Federation must also develop and implement measures that guarantee the political, social, economic and cultural rights of citizens.
One of the ways a citizen protects his rights (so far the most common in Russia) is to send complaints and applications to government bodies, local governments, public associations, and heads of enterprises, institutions, and organizations.
Numerous non-governmental organizations have emerged and officially operate in the Russian Federation, whose charters set the protection of human rights as their goal. Such organizations include the Memorial Society, committees and funds for soldiers’ mothers, the Moscow Research Center for Human Rights, etc.
An effective way for citizens to protect their rights and freedoms is often through their appeals to newspapers, magazines, radio, television, etc.
In recent years, rallies, marches, picketing, and strikes have been widely used to defend socio-economic rights. An appeal to the workforce, participants in public actions, and to public opinion attracts the attention of government bodies to existing violations of rights and freedoms and encourages them to take measures to restore legality and justice.
The violated equality of people must be protected and restored by all means provided by the Constitution and the law. In particular, everyone has the right to protect their rights and freedoms by all means not prohibited by law - from seeking help from the courts, law enforcement agencies, etc. to legitimate self-defense and legal appeal to international organizations, judicial bodies, seeking not only restoration of violated rights, but also compensation for material and moral damage caused by this violation (Part 1 of Article 30, Part 4 of Article 37, Articles 45, 46 , 52, 53, etc.).
International protection of human rights and freedoms
In different historical eras, the concept, content and scope of human rights and freedoms were not the same. Until relatively recently, until the beginning of the 20th century, human rights were regulated exclusively by domestic law. States participating in international relations assumed that these issues fell under their domestic jurisdiction.
International relations scholars of the 19th century widely adopted the natural law theory of human rights. Professor of St. Petersburg University F. Martens wrote that “all educated states recognize for a person as such, regardless of his citizenship or nationality, certain fundamental rights that are inextricably linked with the human personality” 1 . These rights usually meant the right to life, freedom of conscience and religion. According to the Swiss scientist I. Bluntschli, natural human rights “must be respected both in peacetime and in wartime” 2.
The point of view on the legality of interference in the affairs of other states and the legality of intervention “on grounds of humanity” to protect fundamental human rights and freedoms was shared by the majority of international lawyers in both the 18th and 19th centuries. Only a few scientists, for example, Professor A. Gefter, argued that if a state tramples on the rights and freedoms of its citizens, “then it is necessary to terminate all relations with it,” but not to interfere with force of arms in its internal affairs 3 .
During the Second World War, shortcomings in the international regulation of human rights and freedoms were clearly revealed. Its experience and results especially clearly demonstrated the inextricable link between the maintenance of international peace and security, on the one hand, and the observance of fundamental human rights and freedoms, on the other.
The creation of the UN and the adoption of the Charter marked the beginning of a qualitatively new stage of interstate relations in this area. The UN Charter was the first multilateral treaty in the history of international relations, which laid the foundation for the broad development of cooperation between states on human rights.
The UN adopted the Universal Declaration of Human Rights, which contains a wide range of civil and political, as well as socio-economic and cultural rights. Recognizing the natural nature of human rights, in her first article, the author of which was the famous French scientist Rene Cassin, she proclaimed that “all people are born free and equal in their dignity and in their rights.” The UN also approved the International Covenant on Economic, Social and Cultural Rights; the International Covenant on Civil and Political Rights; the Optional Protocol to the International Covenant on Civil and Political Rights, etc.
The UN and other international organizations rightly pay special attention to violations of fundamental human rights and freedoms that occur as a result of international crimes by states.
In the formation of principles and norms in the field of human rights, the UN and its specialized agencies occupy a decisive place. It was within the framework of this Organization that states developed and adopted all the most important international agreements in the field of human rights. In some cases, the adoption of international legal treaties is preceded by the development and approval of declarations and resolutions. The need for such an approach is largely dictated by the complexity of the problems under consideration and the different positions of states.
From what has been said in this chapter, the following conclusions can be drawn: in modern conditions, fundamental human rights should be understood as the rights contained in the constitution of the state and international legal instruments on human rights, in particular in the international Bill of Human Rights, as well as in the European Convention on the Protection of Human Rights and Fundamental Freedoms 1950, European Social Charter 1961 Any fundamental human right must be recognized by each member state, regardless of its constitution. The priority of international law over domestic law in the field of human rights is becoming a generally recognized principle of the international community. It is enshrined in the Constitution of the Russian Federation.
There remains an urgent need to overcome various manifestations of underestimation of the importance of human and civil rights and freedoms, their insufficient recognition, incomplete compliance, poor protection and systematic violations that have been repeatedly identified by the bodies of the Council of Europe (CoE) preparing for Russia’s accession to its membership. Following the adoption in February 1996 of two federal laws - on the accession of the Russian Federation to the Charter of the Council of Europe and on Russia's accession to a number of other documents of the Council of Europe - on February 28, 1996, Russia signed and soon ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms. The CoE Convention and Protocols have become part of the Russian legal system.
Conclusion
While noting the enormous humanistic and moral essence of human rights, it is impossible not to raise the question of why human rights are modern world– the phenomenon is not universal, and most states in the world are not legal (they can be authoritarian, totalitarian, or lack any clear characteristics). The answer to this question is connected not only with legal characteristics, it covers a broader sphere of social relations.
Within the same formation, there may be different attitudes towards human rights and rule of law. Therefore, such problems should be considered from the point of view of a civilizational approach. Formation determines only the stage of socio-economic development and the position of classes, social groups in society. The formational approach does not reveal a person’s place in society, his value, or the list of his natural and inalienable rights. Man in all his complex connections and dependencies appears only within the framework of a civilizational approach. Based on this, we can conclude that the idea of human value, his right to freedom and formal equality, society’s reliance on law, ensuring the individual’s claims to a humane attitude towards him from the authorities, are characteristic primarily of European civilization.
Human rights have not taken their rightful place in our lives, their violation is widespread (systematic non-payment of wages and pensions, violation of the rights of refugees and internally displaced persons, military personnel, unemployment, etc.). Not guaranteed in Russia living wage, designed to ensure a decent human existence, a significant part of the population found itself below the poverty line.
In a civilized society, the court has a central place in all legal system. It is the court that personifies true law, true justice. The higher the role and authority of the court and justice in general, the greater independence and independence the court has in relations with representative bodies and governing bodies, the higher the level of legality and democracy, the more reliably the rights and freedoms of citizens are protected from possible attacks.
Today in Russia the role of the court is still quite low, as is the qualifications of judges. There are a lot of judicial errors, the court does not notice or does not want to notice the obvious defect in the work of the investigator and the prosecutor, it forgets that in addition to the guilty verdict there is another type of verdict - acquittal.
In the state, it is necessary to consistently, progressively, deliberately (so as not to do double work) judicial reform and legislative reform. Of course, legislation, even the most perfect, does not make a difference, does not remove the key question: who are the judges? But with its targeted regulation, it clearly focuses on the need for a significant change in the qualitative composition of the judiciary. For many judges, the Soviet past is vivid in their minds, when the interests of a person were nothing compared to the interests of the state and the court verdict depended on the interests of the state. However, life itself - not without the help of democratic legislation - forces us to change the previous hierarchy of values.
The legal education system is being seriously adjusted. New people are coming to courtrooms. Judges are practically taught, with the help of updated legislation experimentally tested in a number of regions, to deal with legal phenomena that are unusual for us, in particular with jury trials. As a result, a judiciary with a different mentality is gradually being formed, which will have to work in conditions of real, and not illusory, independence and therefore assume full responsibility - legal and moral.
List of used sources and literature.
Regulatory acts
Constitution of the Russian Federation 1993
Commentary on the Constitution of the Russian Federation. / Ed. V.D. Karpovich. – M.: Publishing house Yurayt-M, 2002.
Commentary on the Constitution of the Russian Federation. /Ed. B.N. Topornina - M.: Publishing house. Legal literature, 1994.
Scientific literature
Alekseev S.S.
Russia is at a critical point. M.: Ed. Lawyer, 1995.
Andreeva I.A. and others. Fundamentals of state and law. M.: Ed. Lawyer, 1994.
Butenko A.P. The power of the people through the people themselves. M: Ed. Norma, 1998.
State law of the Russian Federation.
/Ed. O.E. Kutafina - M.: Publishing House Legal Literature, 1996.
Gratsiansky P.S. Political and legal thought of Russia in the second half of the 18th century. M.: Publishing house. Lawyer, 1994. Zhegutov R.T. Theory of Government and Rights.
Tutorial . M.: Ed. Lawyer, 1996.
History of political and
legal doctrines
. Tutorial. /Ed. V.S. Nersesyants - M.: Publishing house. Legal literature, 1995.
Isaev I.A. History of state and law of Russia. M.: Publishing house. Lawyer, 1996.
Kashanina T.V.
Kashanin A.V. Fundamentals of Russian law.
M.: Lawyer, 1996.
Klimenko S.V., Chicherin A.P. Fundamentals of state and law.
M.: Ed. Norma, 1997.
Levchenko V.N. and others. History of political doctrines. M.: Ed. Lawyer, 1994.
Livshits R.Z. Theory of law. M.: Ed. Lawyer, 1994.
Mazutov N.I., Malko A.V. Theory of Government and Rights. M.: Ed. Lawyer, 1997.
Nazarenko G.V.
Theory of Government and Rights. M.: Ed. Norma, 1998.
Fundamentals of state and law. Tutorial. /Ed. O.E. Kutafina. – M.: Publishing house. Norma, 1994.
Perevalov V.D., Leushin V.I. Theory of Government and Rights. M.: Publishing house. Norma, 1997.
Human rights. Textbook for universities. / Ed. E.A. Lukasheva. – M.: Publishing house. Norma, 2003.
Rusinov R.K. Theory of Government and Rights. M.: Publishing house.
Lawyer, 1997.
Theory of Government and Rights. Issue 1. /Ed. A.B. Vengerova. M.: Ed. Legal literature, 1993.
Theory of Government and Rights. / Ed. G.N.
Manova. M.: Lawyer, 1995.
Khropanyuk V.N.
Theory of Government and Rights. Tutorial. M.: Ed. Norma, 1993.
Khutyz M.Kh. Serzhenko P.N. Encyclopedia of Law. Tutorial. M.: Publishing house. Lawyer, 1995.
Chernilovsky Z.M. General History of State and Law. – M.: Publishing house. Lawyer, 1996.
Shilobod M.I.
Politics and law. – M.: Publishing house. Lawyer, 1995.
Annex 1.
In the diagrams. M.: Publishing house. Norma, 1999.
Legal system
General theoretical and historical Applied legal
legal sciences sciences
Branch legal International Legal Sciences,
sciences law studying organization
and operating procedure
individual
government agencies
Material Sciences Process Sciences
legal law
Scheme “System of Legal Sciences”.
Appendix 2.
Baranov V.G. and others. Theory of state and law
General theoretical and historical Applied legal
in the diagrams. M.: Publishing house. Norma, 1999.
Signs of rules of law
State-powerful Bilateral rule
character of behavior
General rule of conduct Mandatory rule
behavior
Formally defined System rule
behavior rule
Scheme “Signs of the Rule of Law”.
1Aristotle. “Ethics” St. Petersburg, 1908. P. 91.
1Materialists Ancient Greece. M., 1955. P. 219.
1Kipp T. History of the sources of Roman law. St. Petersburg, 1908. pp. 7-8.
1Grotius G. On the Law of War and Peace. M., 1956. P.74.
2Spinoza B. Selected Works. T. 2. M., 1957. P. 261.
3Ibid. P. 300.
4Locke D. Selected philosophical works T. 2. M., 1960. P. 34.
1Radischev A.N. Selected philosophical works. M., 1949. pp. 130,176-177,437.
1Berdyaev N.A. Existential dialectics of the divine and human // Berdyaev N.A. About the purpose of a person.
M., 1993. P. 254.
2Berdyaev N.A. About slavery and human freedom. Experience of personalistic philosophy. M., 1995. P. 21.
3Ibid. P. 312.
1State law of Germany. Volume 2. M., 1994. P. 167.
1Martens F. Modern international law of civilized peoples T. 1. St. Petersburg, 1882. P. 327
2Bluntschli I. Modern international law of civilized states, set out in the form of a code. Vol. 2. M., 1877. P. 316.
3Gefter A. European international law. St. Petersburg, 1880. P. 99. These rights include: 1 judicial protection of rights and freedoms; 2 the right to competent justice so that the case is subject to jurisdiction; 3 the right to receive a qualified legal assistance
including free; 4 presumption of innocence The accused is innocent until proven otherwise; 5 right to humane justice No one can be convicted again for the same crime all evidence must be obtained in accordance with the law every convicted person has the right to pardon no one is obliged to testify...
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35. Fundamental rights of citizens to protect other rights and freedoms.
These rights occupy a special place in the system of human and civil rights and freedoms in the Russian Federation. Rights to protect other rights and freedoms combination of state protection of rights and freedoms with the opportunity to personally defend oneself. These rights include:
1) judicial protection of rights and freedoms;
2) the right to competent justice (i.e. to have jurisdiction over the case);
4) presumption of innocence (The accused is innocent until proven otherwise);
5) the right to humanistic justice (No one can be convicted again for the same crime, all evidence must be obtained in accordance with the law, every convicted person has the right to pardon, no one is obliged to testify against himself or his close relatives. Procedural legislation is intended to create a procedure for legal proceedings that would ensure the protection of a person from offenses, including crimes, the restoration of violated rights, and the protection of honor, dignity, and reputation of honest people. At the same time, those who are suspected or accused of offenses and crimes must be protected from unfounded accusations and, even more so, unfounded conviction.);
6) the right to protect the interests of victims of violations of the law (the rights of victims of crimes and abuse of power are protected by law. Everyone has the right to compensation for harm caused by government agencies);
7) the right to use current legislation: the law does not have retroactive effect.
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| Rights and freedoms of man and citizen when carrying out operational investigative activities. Activities of internal affairs bodies to observe, protect and defend the electoral rights of Russian citizens. Internal affairs bodies in the implementation of the constitutional rights of minors in Russia and their interaction with local government bodies | |||
| 6826. | Fundamental rights and freedoms of citizens of the Russian Federation in the public political sphere | 7.91 KB | |
| The political rights and freedoms of citizens of the Russian Federation are associated with the right of citizens to participate in the management of state affairs directly or through their representatives, which ensures the democratic regime of the Russian Federation. Therefore, the following signs of political rights and freedoms are highlighted: 1 political rights and freedoms arise in a person from the moment of acceptance into in the prescribed manner citizenship of the Russian Federation or if the citizenship of the Russian Federation arose in a person by virtue of birth from the moment he reaches the age of majority active suffrage or the age specified by law... | |||
| 19030. | The structure of social insurance bodies and their role in the social protection of citizens | 716.22 KB | |
| Theoretical aspects of the formation of the system social insurance in the Russian Federation The concept of the essence of social insurance. History of Social Security. Forms and models of social insurance. Ways to form a social insurance institution. | |||
| 7403. | International monitoring for the protection of human rights | 65.29 KB | |
| International system protection of human rights within the UN significantly develops and complements regional systems of human rights protection based on territorial community, approximately the same level of socio-economic development and a number of other factors, that is, they include countries located approximately in the same “historical time” | |||
| 6824. | Fundamental rights and freedoms of citizens of the Russian Federation in the field of personal life and individual freedom | 8.33 KB | |
| The basic personal rights and freedoms of a citizen of the Russian Federation are inalienable human rights and freedoms that belong to everyone from birth, independent of the presence of Russian citizenship and ensuring the protection of life, freedom and dignity of the individual. The basic personal rights and freedoms of man and citizen are enshrined in Chapter. 2 of the Constitution of the Russian Federation. | |||
| 18418. | GUARANTEES OF RIGHTS AND FREEDOMS OF HUMAN AND CITIZENS | 149.95 KB | |
| Today, the main concern of the peoples of all countries and international organizations, as well as each specific person is the protection of human rights and freedom. It is under a democratic system that human rights and freedoms can be most fully guaranteed. Considering that “personal rights and freedoms are a common achievement of human civilization” | |||
| 18743. | School mediation as an effective tool in protecting children’s rights | 219.13 KB | |
| IN Lately Conflicts between children, teachers and students, parents and students have become more frequent at school. School is a part of society. What society is like, so is school. It is no coincidence that one of the ways to resolve school conflicts is through “arrows”. | |||
| 12532. | CHANGES IN THE LEGAL REGULATION OF RIGHTS AND FREEDOMS IN RUSSIA | 74.87 KB | |
| Changing priorities public policy towards strengthening the role of the individual in society, state relations by increasing its legal status, it became necessary to conduct research into the category “legal status of the individual” within the framework of the theory of state and law. Issues of the legal status of the individual are not among those that have been thoroughly developed in domestic science and, without detracting from what has been achieved... | |||
| 12869. | ANALYSIS OF THE PRINCIPLE OF PROTECTING THE RIGHTS AND FREEDOMS OF HUMAN AND CITIZENS | 131.03 KB | |
| International legal framework for ensuring the safety of participants in criminal proceedings. Ensuring the safety of participants in criminal proceedings in the United States. Security measures regulated by the criminal procedural legislation of the Russian Federation. Based on the purpose of the work, the following tasks were set: to define the essence of the concept of protecting the rights and freedoms of man and citizen as a principle of criminal proceedings in the Russian Federation; ... | |||
| 6830. | Guarantees of the status, fundamental rights, freedoms and responsibilities of man and citizen in the Russian Federation | 7.33 KB | |
| Constitutional and legal guarantees of human and civil rights and freedoms in the Russian Federation, Ch. 2 of the Constitution: 1 the rights and freedoms of man and citizen belong to everyone equally, regardless of gender, race, nationality, language of origin, property and official position place of residence, attitude to religion, beliefs, membership of public associations, as well as other circumstances; 2 restriction of the rights of citizens on the basis of social, racial, national, linguistic or religious affiliation is prohibited in any form; 3... | |||
The Constitution guarantees state protection rights and freedoms of man and citizen (Part 1, Article 45). This general rule establishes the responsibility of the state through various legal means ensure the protection of rights and freedoms and regulate them. The powers of legislative bodies on these issues fall both under the jurisdiction of the Russian Federation (regulation and protection) and under the joint jurisdiction of the Federation and its constituent entities (protection). The President of Russia is the guarantor of rights and freedoms. The responsibility to implement measures to ensure rights and freedoms is part of the powers of the Government of the Russian Federation. This function is the main purpose of the judicial system. Consequently, the entire mechanism of the state, all government bodies, are involved in guaranteeing rights and freedoms.
Along with the duty of the state to ensure the protection of rights and freedoms, there is a person’s right to defend his rights and freedoms by all means not prohibited by law. The methods of self-defense are varied: appealing against the actions of officials, contacting the media, using human rights organizations and public associations (trade unions, etc.). Citizens have the right to defend their rights with weapons. the federal law about weapons from December 13? 996 provided citizens with the opportunity to purchase certain types weapons (hunting weapons, gas pistols, etc.). The law provides for the right to acquire and use firearms to protect life, health and property within necessary defense And emergency, but this right is subject to many restrictions (weapons cannot be used against women, disabled people, minors, except in cases of an armed or group attack). About all cases of use of weapons that resulted in injuries, is required to be reported to the internal affairs authorities. The right to purchase weapons is also subject to certain conditions.
The Russian Constitution guarantees everyone judicial protection of their rights and freedoms (Article 46). Such protection is the most effective and accessible to every person, since any decisions and actions (or inaction) of state authorities, local governments, public associations and officials can be appealed to the court. Object: appeals can be laws, actions and decrees of the President, government resolutions, etc. The court, thus, supervises the rule of law in the country and ensures the priority of the rights and freedoms of citizens over any actions of the state. The procedure for citizens to appeal to judicial authorities is regulated by the Law on appealing to the court actions and decisions that violate the rights and freedoms of citizens dated April 27, 1993. Amendments and additions were made to this Law (Federal Law dated December 14, 1995), which expanded the scope of the Law regarding the liability of civil servants.
In November 1995, the Constitutional Court of the Russian Federation issued a ruling on the complaints of R.N. Samigulina and A.A. Apanasenko on checking the constitutionality of Art. 209 of the Code of Criminal Procedure of the RSFSR, which in practice deprived citizens of the right to appeal judicial procedure a resolution to terminate the criminal case, allowing you to file a complaint only with the prosecutor. The court noted that the right of citizens to judicial protection refers to those rights that, by virtue of Part 3 of Art. 56 of the Constitution of the Russian Federation cannot be limited under any circumstances. Meanwhile, according to the meaning given law enforcement practice provisions of the article in question, participants in criminal proceedings, whose rights and legitimate interests affected by the termination of the proceedings, were deprived of the right to seek protection in court. Thus, a significant number of law enforcement decisions affecting the fundamental rights and freedoms of citizens, contrary to the provisions of Art. 46 of the Constitution of the Russian Federation is removed from judicial control. The court declared this provision of the law unconstitutional.
The Constitution of the Russian Federation gives everyone the right to file a complaint with interstate bodies for the protection of human rights and freedoms (Part 3 of Article 46). This right is conditional on the availability of appropriate international treaties Russian Federation and is used if all available legal remedies have been exhausted. Consequently, a complaint can be filed after a person has been denied all courts Russian Federation.
UN committees. The complaint is submitted to the Human Rights Committee established in accordance with the International Covenant on Civil and Political Rights. Russia's accession to the optional protocol of this Pact creates conditions for everyone to exercise their constitutional right to appeal to this body. The Committee accepts complaints as long as they are not anonymous and do not constitute an abuse of the right to complain; it checks whether the matter is being examined under another procedure of international proceedings and whether the person has exhausted all available domestic remedies.
The procedure for protecting a violated right is that the complaint is brought to the attention of the relevant state, and the state is obliged to submit to the Committee within six months written explanations or statements clarifying the matter and notifying measures taken, if any occurred. Consequently, the Committee does not have the power to make binding decisions, but publishes an annual report on the consideration of complaints, which has negative moral and political consequences for the state in which human rights are violated.
European Court of Human Rights. Another form international protection rights and freedoms is represented by the European Court of Human Rights, established in 1959 in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Court consists of a number of judges equal to the number of members of the Council of Europe, and it independently establishes its own regulations and rules of procedure. The jurisdiction of the Court covers cases related to the interpretation and application of the Convention, but only in relation to those states that have recognized it as binding, i.e. and in relation to Russia.
An appeal (petition) to the Court may be filed by both the state and individual, but it must first go through the European Commission of Human Rights, which aims to “reach an amicable settlement.” It is recognized that an appeal can be filed only after all internal means of resolving the dispute have been exhausted. Only after consideration of the application by the Commission and if it finds it acceptable, and also in the absence of objections from the Committee of Ministers, can the application be submitted to the Court. The court, whose composition is approved for each appeal separately, is final, and states are obliged to obey it. The victim of a rights violation may be awarded “just satisfaction.”
This complex procedure should soon be changed in accordance with Protocol No. 11. It is envisaged to create a single permanent Court, which will accept complaints without intermediate stages. However, even with the existing complex system for considering applications, the number of applications to the European Court of Human Rights is high and steadily growing. By Decree of the President of the Russian Federation of March 29, 1998, the position of Commissioner of the Russian Federation was established European Court(appointed by the President of the Russian Federation).