The rights of a citizen of the Russian Federation under the constitution: types of rights and their practical application. Duties of Russians according to the Constitution of the Russian Federation

The author of the article is a professional tutor Elena Viktorovna Kaluzhskaya

The fundamental rights and freedoms of a person and a citizen of the Russian Federation are reflected in the Second Chapter of the Constitution of the Russian Federation. Let's combine them into several groups:

1. Personal (civil): the right to life and dignity of the person, the right to liberty and security of person, as well as the inviolability privacy and housing, freedom of movement and choice of residence, freedom to choose nationality and language of communication, freedom of conscience, the right to resist violence, to a fair trial.

2. Political: freedom of speech and belief, freedom of peaceful assembly and association, the right to take part in government.

3. Economic: the right to work, the right to rest, the right to participate in the management of the enterprise, the right private property, the right to entrepreneurship, the right to strike.

4. Social: the right to social Security(social insurance, pension provision, medical service and health), the right to an adequate standard of living, the right to housing, the right to education.

5. Cultural: the right to education, the right to access cultural values, the right to freely participate in the cultural life of society, the right to creativity, the right to enjoy the results of scientific progress.

The observance of human rights is monitored not only government bodies, but also authorized persons. The guarantor of human rights and freedoms is the President of the Russian Federation (Article 80, paragraph 2 of the Constitution of the Russian Federation). In 1996, the position of the Commissioner for Human Rights (Ombudsman) was established in Russia, in 2009 - the Commissioner for Children's Rights.

Responsibilities of man and citizen. They are contained in the Constitution of the Russian Federation:

1. Compliance with the Constitution and laws of the Russian Federation (Article 15, paragraph 2).
2. Respect for the rights and freedoms of others (art. 17, p. 3).
3. Taking care of their children and disabled parents (Article 38, paragraphs 2,3).
4. Obtaining basic general education (9 grades) (Article 43, paragraph 4).
5. Taking care of historical and cultural monuments (art. 44, p. 3).
6. Payment of taxes and fees (art. 57).
7. Respect for nature and the environment (art. 58).
8. Defense of the fatherland (art. 59).

Legal capacity - the ability to have rights and obligations in accordance with the laws of Russia (appear from birth). For example, the right to life, name, dignity.

legal capacity - the ability to carry out their conscious actions legal rights and responsibilities (acquired gradually). For example, young children from 6 to 14 years old can only make small household transactions. Minors from 14 to 18 years old can, with the permission of their parents, make various transactions, manage their earnings, and have copyrights.

Delicacy - the ability of a person to bear responsibility for the offenses committed:
from the age of 14 - partial criminal and civil liability;
from the age of 16 - full criminal, administrative and disciplinary responsibility;
from the age of 18 - full civil liability.

The International Bill of Human Rights consists of five instruments:

1. Universal Declaration human rights (December 10, 1948);
2. Covenant on economic, social and cultural rights (1966);
3. Covenant on Civil and Political Rights (1966);
4. Protocol to the Covenant on Civil and Political Rights - Regulations on the procedure for considering individual complaints (1966);
5. Protocol to the Covenant on Civil and Political Rights, aiming at the abolition death penalty (1989).

The material presented must be known not only for preparing for the exam. To fit in social system and feel confident, first of all, we must know our rights and obligations well!

People's rights sheep. Fix them leniya in the Constitution of the Russian Federations

The legal status of a person is characterized by a set of rights and freedoms that belong to her by law.

Human rights- a legally guaranteed measure of the possible behavior of an individual. These rights are inherent in human nature, without them he cannot exist as a biosocial being.

Human freedom- as a legalized opportunity to act in accordance with one's will, the absence of constraints, restrictions on human activity.

For a long time, Soviet political and legal science proceeded from the idea that human rights are derived from the will of the state. It was believed that the legal status of a person is determined by the authorities in accordance with their ideas about the boundaries of human freedom. The state determined the list and content of human rights, granting them to its citizens. It could also limit or even deprive a person of rights and freedoms. Human rights remained declarative and were not ensured in real practice.

Modern legal theory has adopted natural lawconcept. Human rights belong to him from birth natural laws, they are inalienable, do not depend on the recognition of the state, they cannot be selected or eliminated. The state must enshrine in laws, ensure the possibility of implementation and create an effective mechanism for the protection of human rights and freedoms.

Human rights have long become one of the global problems of our time, one of the priority areas of cooperation between states.

The ideas of the world community about human rights and freedoms are reflected in:

in Universal Declaration of Human Rightska (adopted by the UN in 1948),

in the International Covenants on Economic, Political, Social and Cultural Rights and on Civil and Political Rights, 1966,

in a number of regional documents.

The Russian Federation is a party to virtually all international agreements in this area. Fundamental human rights and freedoms are enshrined in Konconstitution of the Russian Federation1993, in the Declaration of Rights and Freedomsbaud of a person and a citizen, adopted in 1991

Civil(personal)rights (Articles 9-25, 45-54, 60, 62 of the Constitution of the Russian Federation) - the rights that belong to a person as a biosocial being.

the right to live,

to liberty and security of person,

for honor and dignity

to citizenship (and therefore to the protection of the state),

equality, before the law and the court,

presumption of innocence,

freedom of choice of place of residence,

privacy and privacy,

the right to privacy of correspondence, telephone conversations, postal other messages, other rights.

Political rights(Art. 8-33, 63) - rights that provide opportunities for citizens to participate in the political life of the country. In the Russian Federation, everyone is guaranteed voting rights, that is, the right to elect and be elected to the bodies state power and local self-government, freedom of speech, thought, conscience, peaceful assembly, creation of unions and associations are enshrined. Citizens have the right to send personal and collective appeals (petitions) to public authorities.

Economic rights(vv. 34-37) - legitimized opportunities for free disposal of the means of production, labor and consumer goods.

the right to be an owner (i.e. freely own, use and dispose of one’s property),

inheritance law,

the right to freely engage in entrepreneurial activity,

the right to work and free choice of profession and occupation,

the right to rest

for a satisfactory remuneration for work (not less than minimum size federal wages)

the right to protection from unemployment, etc.

social rights citizens (art. 38 - 43) - the right to well-being and a decent standard of living.

the right to social security by age,

the right to social security in case of illness, disability, loss of a breadwinner, the right to social security for the upbringing of children;

the right to housing;

the right to medical care (free of charge in state healthcare institutions);

the right to protection of motherhood and childhood;

the right to education;

the right to a healthy environment.

cultural rights(Art. 26, 44) - rights that ensure the spiritual development and self-realization of the individual.

the right to participate in cultural life,

access to cultural property,

creative freedom,

the right to cultural identity (use of one's native language, national customs, traditions, etc.).

Others are fixed in various laws and international obligations of the Russian Federation. Human rights and freedoms can only be limited by law for the protection constitutional order and interests of other citizens. Every person can protect his rights and freedoms by all legal means. The state has developed and enshrined in regulations a whole system of guarantees of human rights, established liability (including criminal) for their violation

The concept of "citizen's right" is understood as the requirements of society, which must be implemented by state governing organizations.

The concept of "freedom of a citizen" is similar to the concept of law, but in this case emphasis is placed on the maximum independence of the individual, which, has, or, in various aspects of life. For the most part, this is when public structures and organizations pursue a policy of non-interference in a person's personal life.

A citizen has the freedom of personal choice in his life, which corresponds to his skills and goals. This is the case when his freedom does not threaten the life and normal existence of other people or the security of the state. At the same time, the latter should not only be the guarantor of the rights and freedoms of the individual, but also minimize interference in the social or economic sphere.

The extreme degree of this interference, which simultaneously infringes on the right and freedom of the individual, is called the totalitarian regime.

The balance between uniform observance of the right, freedom of a citizen and state pressure on society is the key to the prosperity of the state. It is worth considering that the rights of a citizen are also terminated.

Constitutional rights and freedoms of a citizen of Russia

The main rights and freedoms of the individual are those specified in the Constitution of the country:

Natural, acquired at birth, without regard to gender, social class, race or faith (the right to live, for example).
Those that arose as a result of the development of society or reaching a certain age (for example, the right to vote or be elected).

How are human rights classified?

Personal rights include:

The right to live (according to article 20 of the Constitution of the Russian Federation, the death sentence on the territory of the Russian Federation has been canceled).
The right to the dignity of the individual (Article 21 prohibits any humiliation or infringement of rights; it is forbidden to conduct scientific medical experiments on people by force).
The right to liberty and inviolability of the individual as a separate person (Article 22 guarantees that a citizen will not be arrested without court order, and before the latter is taken into custody, he can be held for up to two days).
The right to privacy (Article 23 guarantees that any personal or family secret will be respected, name and honor protected). Secrecy of postal or other correspondence, conversations using means of communication must be ensured. Any personal information without the consent of the subject should not be disseminated (Article 24).
The right to freedom of movement within the territory of the Russian Federation, to freely enter and leave it, to choose a place of residence (Articles 25-27).
The right to conscience, faith, ethnicity, use of one's native language (Articles 26–28).
Possibility to contact courts to protect their civil rights.
There are special ones that relate to certain categories of citizens (for example, pensioners or deputies).

List of political and municipal rights of citizens of the Russian Federation:

Citizens have the right to participate in the processes of the political movement of society independently or through intermediaries.
Individuals can organize unions to protect their rights, hold peaceful protests in the form of meetings, meetings and rallies.
The electoral rights of citizens of the Russian Federation can be exercised in two ways - people can elect themselves or be elected by someone to government bodies or local government. These are active and passive rights of political choice.
Equal access for every citizen to public service or judiciary.
Replace military service with an alternative option.
Send inquiries and requests to government agencies, services or self-government bodies.

The political rights of citizens of the Russian Federation should contribute to the involvement of the people themselves in governing the country:

Only subjects have the right to participate in the government of the country.
The individual has the right to freely express his opinion in person and through the media - censorship is prohibited provided that there is no propaganda or incitement to ethnic, social or religious unrest.
Every citizen has the right to receive, transmit and store information data - laws or legislative norms must remain publicly available and published in the media (the only exception will be information that is a state secret).
Citizens can organize social and political groupings: party, union, civil organizations.
Everyone can vote in a referendum (on reaching the age of 18) and exercise the right to vote for the candidate they like.
The right to vote in elections is deprived of persons convicted by the court or incapacitated, as well as under the age of 18 years.
The right to serve as a jury in courts.

Legal rights of a citizen of the Russian Federation:

Legal protection civil law.
Protection of the rights and freedoms of the individual in the courtroom.
The right to receive quality assistance from lawyers and human rights defenders.
There is a so-called presumption of innocence. If guilt is not fully proven, the person is innocent.

Only citizens of the Russian Federation have the right to organize public speeches and protests:

The territory and time of the protest action must be communicated to the authorities in advance.
The presence of weapons is not allowed.
Everything must be carried out in accordance with the federal law (hereinafter - the Federal Law) on demonstrations and pickets.

Economic rights and freedoms of citizens of the Russian Federation:

Under them it is customary to understand the constitutional rights to a citizen to own property and conduct economic activities:

A citizen has the right to use his knowledge and inclinations to conduct activities in the field of economy and business.
Everyone has property right public or private.
Deprivation of rights to property is carried out exclusively in the courtroom.
According to the Federal Law of the Russian Federation, it is impossible to confiscate property for an offense or crime and nationalize private property.
Alienation of property is possible only if there is a state need, but only on condition of reimbursement of the cost.
The right to inherit property is guaranteed to any citizen.
Guaranteed land rights citizens and land ownership rights.

More on the topic "Constitutional Law: Human Rights and Freedoms" in the following video:

Social rights of citizens of the Russian Federation. Table 1.

Labor rights of citizens	Right to health care	housing rights citizens	Pension rights of citizens and social security	Right to Free Education
A person has every right to go or not go to work.	Free medical care in state institutions.	No one has the right to deprive a person of the right to a dwelling.	Organs social protection citizens form a system that conducts activities aimed at social security of various groups of the population.	Preschool education.
Forced labor is not allowed.	Free choice of doctor or medical practice.	Large families and the poor have the right to free receipt apartments.	Provision of a pension due to old age, disability, loss of a breadwinner.	School.
Free choice of place of work and profession.	State structures allocate money for recreational activities.	State structures should subsidize the construction of new housing.	Benefit in case of temporary disability.	Professional.
Control of working conditions.	Monitoring the state of the environment.	Housing rights can be challenged in the courtroom.	The unemployed are entitled to benefits.	Higher (under the conditions of passing the competition)
Every worker has the right to pay (table 3) without any infringement of rights.	If harm to health is caused through the fault of the state, then the costs associated with honey. assistance must be compensated.		Payments for minor children, during pregnancy and childbirth.
Minimum wage established at the state level.	Medical assistance can be provided at the expense of budget money, insurance organizations or private individuals.		Permanently residing abroad, but having citizenship of the Russian Federation, are entitled to pensions.
The opportunity to go on vacation and at the same time get paid vacation, weekends and sick days.			The size of the pension is established by law (Table 2).
Probability of professional retraining.			Cash payments can be replaced with natural ones, such as care in a nursing home or at home.
A citizen can leave the workplace to protest (strike).

2017 39 331

Cultural and environmental rights

Cultural rights of citizens enable the individual to develop spiritually:

Freedom of any kind of creativity (in literature, science, art).
Using the achievements of scientific and technological revolution and scientific and technical progress.
Exclusive right possessions intellectual property(the right to use the result of their intellectual work in any way that does not go against the law).
The right of unhindered access to museums, theatres, exhibitions and other cultural institutions.

List environmental rights citizens of the Russian Federation (Disclosed in Article 42 of the Constitution of the Russian Federation)

Table of environmental rights of citizens of the Russian Federation

Have reliable information about the state of the environment.
Create organizations and groups to protect the environment.
Participate in rallies and marches to protect the environment.
To protect their interests related to the moments of concern for the ecological state of the area in which the subject lives, in judicial order.
Land, water and other natural resources necessary for life are under state protection.
Usage natural resources unlimited, if it does not endanger nature or does not affect the interests of other persons and does not harm them.
Participate in environmental protection programs.
Participate in environmental monitoring and expertise.
Work in a favorable environment from an environmental point of view.
Rest in the forest and participate in tourist activities.
Get protection if emergencies(hereinafter referred to as ES).

For protection during emergencies in the Russian Federation, the following laws have been adopted:

to provide psychological assistance to victims (order dated October 24, 2002);
about the implementation of environmental control in crowded places in the area where terrorist act(Regulation of January 2000);
various decrees on the protection of persons exposed to radiation (for example, in Chernobyl or Semipalatinsk).

Along with the obvious, unlawful forms of humiliation of self-esteem in life, there are many such forms, in the fight against which it is far from always effective. legal means. This is rudeness, rudeness, cynicism, arrogance, which are often manifested in relation to leaders to subordinates, parents to children, husband to wife or vice versa, teacher to students, senior to junior or junior to senior in age, rank, etc.

In developing an understanding of the dignity of the individual and its protection by the state in Part 2 of Art. 21 of the Constitution of the Russian Federation it is written: "No one should be subjected to torture, violence, other cruel or degrading treatment or punishment. No one can be subjected to medical, scientific or other experiments without voluntary consent." This norm reflects extreme, gross forms of infringement of the dignity of the individual. And the state has legal means to deal with them. Unfortunately, they are often not used. Take, for example, measures physical impact used by some employees law enforcement to detainees, suspects and persons under investigation. They have become widespread, but there is no proper response on the part of prosecutorial oversight workers.

Right to liberty and security of person

Freedom and personal inviolability mean that no one has the right to forcibly restrict a person's freedom, the ability to perform any action that does not contradict the law, without being subjected to any coercion or restriction of rights by anyone.

In Art. 22 of the Constitution of the Russian Federation it is written:

"1. Everyone has the right to liberty and security of person.

2. Arrest, detention and detention are allowed only by a court decision. Before judgment a person may not be detained for more than 48 hours."

The concept of immunity includes both physical integrity (this is life itself, human health), and spiritual integrity (honor, dignity of the individual).

A person has the right to manage his own destiny, choose his life path - a specialty, go to work or not go to work, get married, choose friends, etc. and so on. No one has the right, using physical force or psychological influence, to force another to do certain actions, subject him to a search, torture, or inflict any other harm to health. Restrictions on this freedom are possible only in cases where statutory and in legal forms. All coercive measures by law enforcement agencies must be under prosecutor's supervision and judicial control.

The guarantee of the physical integrity of a person is the strict regulation of the use of arrest, detention and detention. According to the Constitution of the Russian Federation (Part 2, Article 22), appropriate restrictions on freedom are possible only by a court decision. Pending a court decision, a person may not be detained for more than 48 hours.

Any preventive measure, including detention, is applied if there is evidence to believe that the accused will abscond from interrogation, preliminary investigation or court, or obstruct the establishment of the truth in a criminal case, or engage in criminal activity, as well as to ensure the execution of the sentence by the person conducting the inquiry, the investigator (with the sanction of the prosecutor) or the prosecutor himself or the court.

Right to privacy

The constitutional right of every person to privacy, personal and family secrets is derived from the most ancient moral views, according to which everything connected with blood ties and matrimony is sacred and inviolable. The unceremonious intrusion of a stranger into this easily vulnerable area has always been considered a shameless and inhuman act.

IN legal literature it is not clear what is meant by the private life of a person. So, M.V. Baglai believes that "private life consists of those aspects of a person's personal life that he, by virtue of his freedom, does not want to make public: others." The concept of private life is more fully revealed by B.T. Bezlepkin. He believes that “private life is that area of a person’s life that belongs to an individual, belongs and is dear only to him, concerns only him, and not society and the state, and therefore, according to general rule beyond their control. In other words, this is the sphere of personal, non-official and non-business relationships and concerns. Personal and family secrets are a part of private life, a zone of the most delicate and intimate aspects of a person's existence, when the disclosure of certain information is not only undesirable, but also deeply immoral, contrary to human nature itself and the relations that have developed between people since ancient times and have existed for centuries. A personal secret (and at the same time a medical one), in particular, is information about the state of health (unless, of course, we are talking about the health of top officials of the state, on which "political health" and the well-being of the whole society depend). The depth of this mystery depends on the nature of the disease, i.e. on how "evil" she is. Personal secrets are also information about love affairs, especially when they are associated with adultery (adultery), about addictions, inclinations and habits, congenital and acquired vices, physical and mental disabilities, sexual orientation and sexual inclinations, financial situation, pastime, etc.

Family secrets are such circumstances that concern the family, and the family is a union of persons based on marriage, kinship (or only kinship), as well as the adoption of children for upbringing, characterized by a common life, interests, mutual care.

And, finally, some authors define private life as behavior and activities in their free time (behavior in the family, home life, friendships, correspondence, business relationships outside of work). Questions immediately arise: is it possible to attribute to private life such "activities in their free time" as participation in political life, behavior in in public places, friendly contacts of persons holding high positions in public authorities with immoral or criminal elements, life "beyond their means" of an official during vacation, etc.?

In view of the above, under the private (personal) life of a person should be understood that part of a person's life that is not connected with his official or social activities and cannot adversely affect this activity.

Private life can be defined as a physical and spiritual area that is controlled by the individual himself and is largely free from external guiding influence, including legal regulation.

The right to privacy means the opportunity granted to a person and guaranteed by the state to control information about himself, to prevent the disclosure of information of a personal intimate nature. It is expressed in the freedom of communication between people on an informal basis in the areas family life, family and friendship ties, intimate and other personal relationships, attachments, likes and dislikes.

As a legal category, the right to privacy consists of a number of powers that provide a citizen with the opportunity to be outside the service, outside the production environment in a state of known independence from the state and society, as well as legal guarantees of non-interference in the implementation of this right.

IN modern world the right to privacy is included in the catalog of human rights, that is, it is classified among those essential rights without which the individual cannot exist as a human being.

Personal and family secrets are constituent parts personal life of a person, relatively isolated zones of the most delicate, intimate aspects of his life, when the disclosure of certain information is not only undesirable, but also harmful, harmful from a moral point of view.

Personal secrets are information about the state of health, especially in cases where a person suffers from such diseases that are considered shameful from the standpoint of public morality; love affairs, especially when they involve adultery; bad habits, inclinations, addictions, congenital, hereditary and acquired, vices, sometimes bordering on neuropsychic anomalies, hidden physical defects; the vicious social past of a citizen (for example, a criminal record removed or extinguished), as well as business and friendship ties that discredit a person.

Family secrets are such circumstances that concern the family and, for moral reasons, are hidden from prying eyes by the family, which in the social aspect is understood as a union of persons based on marriage, kinship or only kinship, the adoption of children for upbringing, characterized by a common life, interests, mutual care , and in the legal sense is understood as a circle of persons, bound by rights and obligations arising from marriage, kinship, adoption or other form of foster care. A family secret may concern all members of a given family (for example, the reasons for childlessness), but may be associated with only one of them (for example, the origin of children as a result of artificial insemination; the secret of adoption).

The concepts of personal and family secrets are closely related and largely coincide. The differences between them are seen in one thing: if a personal secret directly concerns the interests of only a particular individual, then a family secret affects the interests of several persons who are in a relationship with each other regulated by the Family Code.

The subject of personal and family secrets may be information:

about the facts of the person's biography;
about the state of his health;
about property status;
about the occupation and committed deeds;
about views, assessments, beliefs;
about relationships in the family or about the relationship of a person with other people.

Based on the norms of the current legislation, it is possible to distinguish the following types professional secrets: lawyer, medical, confession, correspondence, telephone conversations, postal, telegraph and other messages, adoption, notarial actions, editorial, investigation, deputy, banking.

The Constitution of the Russian Federation, fixing the right to privacy (Part 1, Article 23), establishes a procedure in which this sphere of life should be a secret for outsiders and protected by the state from the attention and influence of the outside world. To this end, the Constitution of the Russian Federation establishes the institution of "personal and family secrets" (Part 1, Article 23). However, the essence of this institution, unfortunately, is not disclosed, which makes it possible to arbitrarily, very subjectively interpret it, and, consequently, violate this secret with impunity.

Inviolability of private life means a prohibition for the state, its bodies and officials to interfere in the private life of citizens, the right of the latter to their personal and family secrets, the existence legal mechanisms and guarantees for the protection of their honor and dignity from all encroachments on these social benefits.

Inviolability of the home

The inviolability of the home is one of the manifestations of the right to privacy. The right to protection of the dwelling is not only for the owner of this dwelling, but also for those who legally rent it or live under a lease agreement. At the same time, housing is understood not only as an apartment or a separate house, but also as a place of temporary residence (hotel, boarding house, hostel).

The inviolability of the home means that no one has the right to enter the home against the will of the persons living in it, except in cases provided for by the Code of Criminal Procedure, the laws "On Police", "On Federal Bodies state security" and etc.

The norms of the current legislation allow to enter the dwelling against the will of the persons living in it in two situations:

1. in case of unforeseen emergency circumstances (fire, earthquake, flood, collapse, failure of water supply, sewerage, damage to electrical wiring, heat and gas supply, if it is suspected that the owner of the apartment (house) has died and in other similar cases);
2. when protecting law and order (to solve a crime and establish the truth in a criminal case; obtaining information about a crime and persons suspected of committing it in the course of operational-search activities; suppression of crimes and other offenses within the framework of administrative law; enforcement of sentences and other court decisions).

In the absence of proper regulation and documentation penetration into the dwelling without the knowledge of the persons living in it, as well as in the absence of the strictest control by the judicial and prosecutorial bodies the right to inviolability of the home, enshrined in Art. 25 of the Constitution of the Russian Federation, can be nullified.

Freedom of movement and residence

Everyone who is legally on the territory of Russia (citizens of the Russian Federation, foreigners who comply with the legislation on entry and exit, as well as stateless persons) have the right to move freely and choose a place of residence (or temporary stay).

This right is enshrined in Part 1 of Art. 27 of the Constitution of the Russian Federation. In detail, issues of movement within the country are regulated by the Law of the Russian Federation of June 25, 1993 N 5242-I "On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation." While establishing the general rule of free movement within Russia, the law also limits the right of free movement:

- in the border zone;
- in closed military camps;
- in closed administrative-territorial formations;
- in zones of ecological disaster;
- in certain areas and settlements, where in case of danger of the spread of infectious and mass non-infectious diseases and poisoning of people, special conditions and modes of residence of the population and economic activity;
- in territories where a state of emergency or martial law has been introduced.

Outside such areas, no restrictions on freedom of movement by any means of transport or on foot shall be permitted.

The right to choose a place of residence is part of the freedom of self-determination of the individual. State authorities are authorized only to register the results of an act of free expression of the will of a citizen when choosing a place of residence. That is why registration records cannot be of a permissive nature and serve as a basis for restricting a citizen's right to choose a place of residence.

A variation of the right to freedom of movement is the right to freely leave the Russian Federation and freely return to the country. This right is enshrined in Part 2 of Art. 27 of the Constitution of the Russian Federation and regulated in detail federal law"On the procedure for leaving the Russian Federation and entering the Russian Federation" (1996). According to this law, every person, including a foreigner, has the right to enter Russia and leave it. Citizens of Russia have an unconditional right of entry and exit. As for foreigners, the basis for their entry is an entry visa, and for citizens of a number of countries (for example, members of the CIS, except Georgia) visa-free regime visiting Russia.

The departure of citizens of the Russian Federation abroad cannot be a reason for the derogation of their civil rights. Citizens of Russia enjoy their rights abroad as well. They are under the diplomatic protection of the Russian Federation.

It is impossible for a citizen of the Russian Federation to leave Russia if he:

drafted into the military or alternative service;
detained on suspicion of committing a crime or charged as an accused - until a decision is made on the case or the court verdict comes into force;
convicted for committing a crime - until the serving (execution) of the punishment or until the release from punishment;
evades the fulfillment of obligations imposed on him by the court - until the fulfillment of obligations or until an agreement is reached by the parties;
reported deliberately false information about himself when drawing up documents for leaving the Russian Federation - until the issue is resolved within a period of not more than one month by the body issuing such documents;
admitted to the information related to state secret;
has concluded an employment agreement (contract) that provides for a temporary restriction of the right to leave Russia, provided that the period of restriction cannot exceed 5 years from the date of the last acquaintance of the person with information constituting a state secret - until the expiration of the period of restriction established by employment contract, or in accordance with the Federal Law "On the Procedure for Departure from the Russian Federation and Entry into the Russian Federation". This law establishes that the period of restriction of the right to leave should not exceed a total of 10 years from the date of the person's previous acquaintance with information of particular importance or top secret information.

Refusal to a citizen of the right to enter and leave Russia can be appealed in court.

The right to determine and indicate nationality

The Constitution of the Russian Federation of 1993 established that everyone has the right to determine and indicate their nationality. No one can be forced to determine and indicate their nationality (Part 1, Article 26).

The Constitution of the Russian Federation (part 2, article 26) enshrines the right to use one's native language, to freely choose the language of communication, upbringing, education and creativity.

Propaganda of enmity and disdain for any people, any nationality, their language and culture, the establishment of privileges or discrimination on the basis of nationality or linguistic affiliation is unacceptable in the Russian Federation.

The Constitution of the Russian Federation proclaims the Russian language as the state language in Russia. And this means that in Russian:

- work in progress federal bodies state power;
- official publications are published;
- radio and television work;
- business is in progress;
- carried out foreign policy activities of the Russian Federation.

But this does not at all mean discrimination against other languages used in the Russian Federation.

The republics within the Russian Federation are entitled to have their own state languages along with Russian. If a citizen does not speak Russian, he must be provided with an interpreter to communicate with the state body and officials. Every citizen has the right to use his native language, to carry out creativity (for example, to write works of art) in his own language.

Freedom of conscience and freedom of religion

Under freedom of conscience the right of each person to independently decide the question of his attitude to religion is understood: to be a believer or an atheist.

Freedom of Religion includes the right to profess, individually or in community with others, any religion, the right to freely choose, have and disseminate religious beliefs and act in accordance with them.

The procedure for exercising freedom of conscience and freedom of religion is established by Federal Law No. 125-FZ of September 26, 1997 "On Freedom of Conscience and Religious Associations." This law provides for such guarantees of freedom of religion as the prohibition to require a person to report his attitude to religion, the secrecy of confession, the right of a citizen to replace military service, if it contradicts his beliefs and religion, alternative civilian service and a number of others.

No religious affiliation legal significance, which means it is not indicated in official documents and is a private matter.

While proclaiming and guaranteeing freedom of religion, the law, at the same time, persecutes those religious associations (sects), whose activities are associated with harm to the health of citizens, with an inducement to refuse to perform civic obligations or commit illegal acts.

Freedom of thought and speech

Freedom of thought and speech is freedom, without which the normal life of both individuals and society as a whole is impossible.

Freedom of thought is the basis of a person's spiritual life, the ability to carry out the work of one's own consciousness and subconsciousness without external control by the state, society and individuals.

Freedom of thought- this is the natural state of a person, associated with the definition of his attitude to everything around him, with the free formation of his own beliefs about everything that happens.

As many authors note, thought is always free, this is its immanent state, therefore the freedom of thought does not need legislative consolidation. That is why the Constitution of the Russian Federation (Part 1, Article 29) speaks not of the right to freedom of thought and speech, but of their guarantee.

How can freedom of thought be guaranteed? First of all, the presence of a democratic regime in the country, which excludes a targeted impact on the consciousness and subconsciousness of a person, the prevention of a monopoly on information, and powerful ideological pressure on a person. In addition, freedom of thought must be guaranteed by strict regulation technical means(for example, a lie detector) or other methods (for example, hypnosis) that can penetrate into thought processes and influence them.

Under free speech is understood as the ability to express or not to express one's thoughts outside, to express one's attitude to the events of the surrounding reality, to defend one's point of view, to have one's own opinion, to receive and disseminate information.

Freedom of speech provides an opportunity to identify and take into account the diversity of opinions and beliefs of people of different social strata of the population, different in age, beliefs, and abilities. The content of freedom of speech is very broad, it covers the right to openly express one's thoughts, beliefs, ideas, both orally and in print, in works of fine art, scientific research, fiction and music

But freedom of speech cannot be unlimited. The interests of preserving peace, security and culture have developed a number of restrictions on the use of the right to freedom of speech. In paragraph 3 of Art. 19 of the International Covenant on Civil and Political Rights provides that the exercise of freedom of speech may be restricted in order to protect national security, public order public health and morals, to protect the rights and reputations of others. Based on these considerations, the Constitution of the Russian Federation (Part 2, Article 29) and laws prohibit propaganda or agitation that incite social, racial, national or religious hatred and enmity. Propaganda of social, racial, national, religious or linguistic superiority is prohibited.

The provisions of the Constitution of the Russian Federation have found their development in the administrative, criminal and civil law. Thus, the restriction of freedom of speech, introduced to protect the honor, dignity and reputation of citizens and associations, is contained in the norms Civil Code of the Russian Federation and the Law of the Russian Federation "On the Mass Media" (1991), which provide that moral injury, caused to a citizen as a result of dissemination by the mass media of information that does not correspond to reality, discrediting the honor and dignity of a citizen, or other non-property damage caused to him is compensated by a court decision by the mass media, as well as guilty officials and citizens in the amount determined by the court, and in addition a refutation is published in this media outlet.

The right to freedom of thought and speech is inseparable from the right to freely seek, receive, produce and disseminate all kinds of ideas and information, regardless of state borders, orally, in writing or through print, artistic forms of expression, as well as in any other way of their choice.

This constitutional law(Part 4, Article 29) is implemented primarily through the media (television, radio, newspapers, etc.), which are currently the most effective way searching, obtaining and disseminating information.

The Constitution of the Russian Federation (Part 5, Article 29) guarantees freedom of information, censorship is prohibited. As for information constituting a state secret that cannot be freely disclosed, their list is given in the Law "On State Secrets" (1993). In Art. 5 of this law provides a detailed list of information that can be classified as state secrets, in particular, this information:

in the military field;
in the field of economics, science and technology;
in the field of foreign policy;
in the field of intelligence, counterintelligence and operational-search activities.

There is no doubt that the freedom of speech and freedom of information enshrined in the Constitution of the Russian Federation are important democratic institutions. But, as mentioned above, these freedoms cannot be used to the detriment of the rights of other citizens protected by the Constitution of the Russian Federation and other laws, to the detriment of the health and morals of the population.

characterized by universality, that is, they are assigned to every person and citizen;

have, as a basis for their occurrence, the person's belonging to the citizenship of the Russian Federation;

act as a prerequisite for any legal relationship;

fixed in the regulation legal act state with the highest legal effect- in the Constitution of the Russian Federation;

provided with enhanced legal protection.

The content of the fundamental rights and freedoms of man and citizen in the Russian Federation

In the Constitution of the Russian Federation, the fundamental rights and freedoms of man and citizen are presented in Ch. 2 (vv. 17-64). Depending on the spheres of life they represent, the fundamental rights and freedoms of a person and citizen are divided into three groups: personal, political and socio-economic.

In the current Constitution of the Russian Federation, personal rights and freedoms (Articles 20-29) open a chapter on the rights and freedoms of man and citizen.

Features of personal rights and freedoms lie in the fact that they are, in their essence, the rights and freedoms of every person, that is, they are not linked to belonging to the citizenship of the state; they are inalienable, belong to everyone from birth and fix the natural rights of the individual associated with her individual, private life.

The personal rights and freedoms of a person and a citizen include the following.

The right to life (Article 20 of the Constitution of the Russian Federation) - natural law a person whose protection covers the whole complex of active actions of state and public structures and specific individuals to create and maintain a secure social and natural environment habitation (renunciation of war as a means of resolving social and national conflicts, purposeful struggle against crimes against the individual and the gene pool, measures medical nature, providing environmental safety human habitat, etc.).
The right to state protection of the dignity of the individual (Article 21 of the Constitution of the Russian Federation) - nothing can be a basis for derogating the dignity of the individual. No one shall be subjected to torture, violence, other cruel or degrading treatment or punishment. No one can be subjected to medical, scientific or other experiments without voluntary consent.
The right to inviolability of the person, home, private life, privacy of correspondence, telephone conversations, postal, telegraphic and other messages (Articles 22-25 of the Constitution of the Russian Federation).
The inviolability of the person (Article 22 of the Constitution of the Russian Federation) as personal freedom lies in the fact that no one can forcibly limit the freedom of a person to dispose of his actions within the framework of the law. No one may be subjected to arrest, imprisonment or detention except on the basis of a court decision. Before a court decision, a person may not be detained for more than 48 hours.

The guarantee of the inviolability of the home (Article 25 of the Constitution of the Russian Federation) means that no one has the right to enter the home without legal grounds, and also to stay there against the will of the persons living in it.

Articles 23, 24 of the Constitution of the Russian Federation provide for guarantees of inviolability of private life, personal and family secrets, protection of one's honor and good name. Restriction of these rights (arrest of correspondence, its seizure from postal and telegraph institutions) is possible only in cases strictly defined by law and in the presence of a court decision.
The right to freedom of movement (Article 27 of the Constitution of the Russian Federation) means that everyone who is legally located on the territory of the Russian Federation has the right to move freely, choose a place of stay and residence. Paragraph 2 of Art. 27 of the Constitution of the Russian Federation also recognizes the right of everyone to freely travel outside the Russian Federation and the right of a citizen of the Russian Federation to freely return to the Russian Federation.
The right to determine and indicate nationality (Article 26 of the Constitution of the Russian Federation) - denial legal value nationality. Prevention of inclusion in official questionnaires of the question of a person's nationality.
Freedom of conscience and religion (Article 28 of the Constitution of the Russian Federation) - the right of a citizen to profess individually or jointly with others any religion or not to profess any, freely choose, have and disseminate religious and other beliefs and act in accordance with them.
Freedom of thought and speech (Article 29 of the Constitution of the Russian Federation) - no one can be forced to express their opinions and beliefs or refuse them. Everyone has the right to freely seek, receive, transmit, produce and distribute information in any lawful manner.

The political rights and freedoms of man and citizen have their own characteristics: they are associated with the possession of the citizenship of the state, serve as a reflection of the sovereignty of the people and are expressed in the right of citizens to participate in managing the affairs of the state.

Political rights and freedoms include the following.

The right to participate in the management of state affairs (Article 32 of the Constitution of the Russian Federation), expressed as:
- the right to participate in a referendum and elections of the President of the Russian Federation, elections of heads of constituent entities of the Russian Federation, deputies of the State Duma of the Federal Assembly of the Russian Federation, deputies legislatures constituent entities of the Russian Federation and deputies of municipal councils (active suffrage arising for citizens of Russia from the age of 18);
- the right to be elected to bodies of state power and local self-government (passive suffrage arising for citizens of Russia in the election of deputies of legislative bodies from the age of 21, and for the election of the President of the Russian Federation and heads of subjects of the Russian Federation - from 35 years of age);
- the ability to influence the activities of legislative authorities at all levels through their representatives (deputies);
- equal access of citizens to public service;
- participation in the administration of justice (involving citizens as jurors and arbitrators).
The right of citizens to individual and collective appeals to state bodies and local self-government bodies (Article 33 of the Constitution of the Russian Federation) provides citizens of the Russian Federation with the opportunity to apply with a request, complaint or proposal to any state authority or local government up to the President of the Russian Federation and determines the duty official respond to this request.
The right to public associations (Article 30 of the Constitution of the Russian Federation) belongs to every person, that is, both citizens of the Russian Federation and non-citizens legally located on the territory of the Russian Federation have the right to join political parties, trade unions and others public organizations(the exception will be foreign citizens, military personnel and employees power structures). Wherein Russian state guarantees freedom public associations, as well as the voluntariness of entry or stay in it. Membership in any party or trade union may not be a condition for holding office in state organization and serve as a basis for other restrictions on human rights and freedoms.
The right to assembly (Article 31 of the Constitution of the Russian Federation) - citizens of the Russian Federation have the right to assemble peacefully, without weapons, to hold meetings, rallies and demonstrations, processions and picketing. The procedure for exercising this right is regulated by Federal Law No. 54-FZ of June 19, 2004 "On Meetings, Rallies, Demonstrations, Marches and Pickets". Note that Russian legislation, fixing a general ban on holding events for which notifications have not been submitted or for which a change in the place or time of their holding has not been agreed, at the same time does not provide for special order their termination. In this connection, it is worth agreeing with the conclusion of M.A. Yakovenko that the use of force to stop such actions, if they are of a peaceful, non-violent nature, should be excluded or reduced to an acceptable minimum.

The socio-economic rights and freedoms of man and citizen in the Russian Federation include the following.

The right to free use of one's abilities and property for entrepreneurial and other activities not prohibited by law economic activity(Article 34 of the Constitution of the Russian Federation), which, in combination with the right of private property, forms the legal basis of a market economy, excluding the state's monopoly on the organization of economic activity.
The right of private property, fixed by Art. 35, 36 of the Constitution of the Russian Federation, gives a person the right to own property, own, use and dispose of it both individually and jointly with other persons. Two major legal guarantees private property rights: firstly, no one can be deprived of his property except by a court decision, and, secondly, the forcible seizure of property for state needs can only be made subject to prior and equivalent compensation.
The right to work (Article 37 of the Constitution of the Russian Federation) guarantees freedom of labor, protection from unemployment, the right to strike as a way to protect the labor rights of workers and the right to rest in accordance with the labor law norms.
The right to protect the family, motherhood and childhood (Article 38 of the Constitution of the Russian Federation) recognizes the creation of a family and the birth of children not only as a private matter, but also as a public matter requiring state support. With this in mind, the legislation establishes guarantees and compensations for pregnant women, women with young children, persons with family responsibilities, the foundations of family policy in the country are being developed.
The right to social security (Article 39 of the Constitution of the Russian Federation) is designed to guarantee everyone social security by age, in case of illness, disability, loss of a breadwinner, for raising children and in other cases established by law.
The right to housing (Article 40 of the Constitution of the Russian Federation) provides a person with the opportunity to use what he has on legal basis living quarters without fear that someone may deprive him of this premises for any reason. No one may be arbitrarily deprived of his home. For example, it is impossible to deprive of housing persons sentenced to deprivation of liberty by a court verdict. At the same time, the right to housing does not mean that any person who does not have a home or has cramped housing conditions has the right to demand that anyone immediately provide him with housing or improve it. living conditions. At present, the center of gravity in the exercise of the right of citizens to housing has shifted from state support for the self-sufficiency of people - at the expense of their own funds, mortgage loans, etc.
The right to health care and medical care (Article 41 of the Constitution of the Russian Federation) means the subjective right of a person to treatment in polyclinics, hospitals and specialized medical institutions. in state and municipal institutions health care, medical care is provided to citizens free of charge at the expense of the relevant budget, insurance premiums and other revenues. Efficiency guaranteed by the Constitution of the Russian Federation medical care population largely depends on the quality of drug provision of citizens.
The right to a favorable environment (Article 42 of the Constitution of the Russian Federation) provides citizens with the opportunity to access reliable information about the state of the natural environment, to compensate for damage caused to their health or property by an environmental offense.
The right to education (Article 43 of the Constitution of the Russian Federation) guarantees citizens accessibility and free access to preschool, basic general (in the amount of 9 classes) and secondary vocational education in state and municipal educational institutions. In addition, free admission on a competitive basis of higher education is guaranteed.
The right to freedom of literary, artistic and other types of creativity (Article 44 of the Constitution of the Russian Federation) means that state authorities and local self-government bodies have no right to interfere in the creative activity of citizens, to dictate to them what and how to write or publish. At the same time, the state resists creative activity aimed at promoting violence, cruelty, pornography, racial, national, religious or class intolerance.

As is customary in many modern constitutions, socio-economic rights Russian citizens can be divided into two categories: a) "rights-privileges", that is, the provision of benefits to individual members of the society of the state - this is the protection of the Fatherland (Article 59 of the Constitution of the Russian Federation);

not related to citizenship and imposed on everyone is the observance of the Constitution and laws of the Russian Federation, the obligation to pay legally established taxes and fees (Article 57 of the Constitution of the Russian Federation), the obligation to preserve nature and the environment, take care of natural resources (Article 58 of the Constitution of the Russian Federation ).