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вторник, 5 мая 2015 г.

The rights and freedoms of citizens of the Russian Federation

 The rights and freedoms enshrined in the Constitution of the Russian FederationThe Constitution enshrines the most important and socially significant to the individual, society and the state of law and freedom. For a man, they are necessary conditions for ensuring the dignity and honor inherent in the human person; natural right to participate in decisions regarding the device and the management company, of which he is a national; social and economic conditions necessary for it to meet the vitally important for him the material and spiritual needs. Therefore, the basic fundamental rights enshrined in the constitution of the state and the most important international legal instruments are the legal basis for derivatives, but no less important rights.
 


 The Constitution of the Russian Federation, a distinction of fundamental rights and freedoms, the rights and freedoms of man and citizen. The citizen's rights include the individual's sphere of relations with the state in which he expects not only to guard their rights against unlawful interference, but also on the active assistance of the state in their implementation. The status of citizen derives from its special legal connection with the state - of citizenship (Article 6 of the Constitution of the Russian Federation). Where it comes to human rights, used the phrase "everyone has the right", "everyone is guaranteed", etc., which stresses recognition of the rights and freedoms of any person in the territory of Russia, regardless of whether he is a citizen the Russian Federation, a foreigner or a stateless person.
 
Constitutional rights and freedoms are the main element of the constitutional relationship, which involves the state and the citizen. To make sense of the relationship of the citizen is to obtain protection of their rights, and for the state - the duty to provide this protection.
 
Fundamental rights and freedoms are not only recognized by the state, but also to protect them, as the importance of the rights constitutionally expressed in the fact that their implementation provides classified the state as a democratic and lawful. Whatever the state nor was a man - he is a free being, which is protected by the international community, their own state, of which he is, as well as the state in which it is located. This state of freedom is not granted by the State (this situation occurred in the former constitution), and belong to him from birth (Part 2 of Article 17 of the Russian Constitution).
 
Part 1 of Article 1 of the Constitution of the Russian Federation declares the Russian Federation democratic legal state with a republican form of government. The meaning of the rule of law is revealed by Article 2 of the Constitution: "Man, his rights and freedoms are the supreme value. The recognition, observance and protection of the rights and freedoms of man and citizen - the duty of the state. " Therefore, the fundamental rights and freedoms are not only recognized by the state, but also to protect them as a necessary condition of its existence.
 
Constitutional rights and freedoms inherent traits that underlie other rights, and secured in other branches of law. All the rights and freedoms of citizens in a particular area of ​​life derived from fundamental rights and freedoms enshrined in the Constitution itself. The difference between the constitutional rights and freedoms is inseparable from their identity. The man (citizen) is not entitled to refuse or transfer to another person such rights.
 
Constitutional rights and freedoms form the core of the legal status of the individual and are the basis of all other rights, and secured in other branches of law. The Constitution only establishes the principles on which to build the current legislation.
 
Only the constitutional rights and freedoms have neperfonifitsirovannostyu as they have their target is not a specific person, and apply to all., Sectoral legislation applies mainly to certain persons by the industry (owners of the property, the buyers, the plaintiffs and the defendants, etc.). .
 
A characteristic feature of the constitutional rights and freedoms as is the fact that they are equal and the same for all without exception. Since the emergence of the fundamental rights and freedoms associated with belonging to the citizenship of the Russian Federation, and therefore not to acquire or disposed of by the will of the citizen and can only be lost with the loss of citizenship.
 
In conclusion, the comparison may be added that the constitutional rights and freedoms fixed in the legal act of the State having the highest legal force.
 
Thus, constitutional rights and freedoms of man and citizen - the most important inalienable rights and freedoms that belong to him from birth (where appropriate by virtue of his nationality), protected by the state, constitute the core of the legal status of the person and receiving the highest legal force.
 
The enumeration in the Constitution of the Russian Federation of the fundamental rights and freedoms shall not be construed to deny or disparage other universally recognized rights and freedoms of man and citizen. Previously declared unlimited possession of full social, economic, political and personal rights and freedoms in the Constitution of the Russian Federation provides for the limitation of rights and freedoms, which can be applied in order to protect the constitutional order, morality, health, rights and lawful interests of other citizens (Article 17 part 3 of the RF Constitution).The basic fundamental rights and the resulting rights and freedoms of others provide various spheres of human life: personal, political, social, economic, cultural. In accordance with the traditional constitutional rights and freedoms to classify into three groups: 1) personal, 2) political, and 3) social, cultural, economic.All the rights and freedoms are indivisible and interrelated, so this division is purely arbitrary.Individual rights and freedoms are directly related to a person, not linked to membership of a nationality and are not derived from it. Individual rights and freedoms are inalienable and belong to man by birth (Article 17, part 2). These rights and freedoms that are necessary to ensure the protection of life, liberty, dignity and other rights related to his personal, private life.Individual rights include: the right to life, the right to liberty and security, privacy, housing, freedom of movement and choice of residence, freedom of conscience, freedom of thought and speech, and to judicial protection of their rights to legal defense, procedural guarantees if brought to justice, etc.
 
Article 20 of the Basic Law establishes the right to life, introduced a rule that no one shall be arbitrarily deprived of his life. It fixes the position of the desire of the state to abolish the death penalty, which may continue to be used only as an exceptional measure of punishment for especially grave crimes against the person. The right to life combines the steps to create and maintain a safe social and natural environment, living conditions (eg., The policy of the state, ensuring the rejection of war, military means of resolving social and national conflicts, targeted combating crimes against the person, illegal possession and proliferation of weapons, etc.).
 
The sphere of individual human rights include the right to protection of the dignity of the individual state. Nothing can be a basis for its derogation (Article 20 of the Russian Constitution). The advantage of the object turns the human exposure to the active subject of the rule of law, so the goal of the state is to ensure the protection of human dignity. This constitutional provision is the legal duty of all officials and employees of government agencies, but, unfortunately, this principle is now almost not working.
 
The right to liberty includes the ability to perform any lawful actions (ie not contrary to the law). The inviolability of the person, as personal freedom, is that no one has the right forcibly to restrict a person's freedom to dispose of under the law by their actions and deeds, enjoy freedom of movement. The Constitution of the Russian Federation, the right to liberty and security of the person is supplemented essential guarantee, not expose a person to torture or other cruel, inhuman or degrading treatment or punishment, and without his consent, subjected to medical, scientific and other experiments (this rule in Constitution of the Russian Federation have affected the international rules governing the rights and freedoms of the individual). Introduced safeguards against unjust arrest, detention. According to Part 2 of Article 22 of the Constitution of the Russian Federation is a restriction of freedom is possible only in connection with the decision of the court, before the court decision a person is exposed to for a period not exceeding 48 hours.
 
Limitation of rights (in accordance with Part 3 of Article 55 of the Constitution of the Russian Federation) is the result of a federal law providing for the principle, and only to the extent that this is necessary in order to protect the constitutional order, morality, health, rights and lawful interests of other persons , national defense and state security.
 
Part 1 of Article 23 of the Russian Constitution states: "Everyone has the right to privacy, personal and family secrets, protection of honor and good name." Private life can be called those aspects of a person's life, which he by virtue of his freedom is not willing to do the property of others. For the first time in the Constitution enshrines the right to the protection of human dignity and reputation, while, if the honor and good name of the person subjected to humiliation or insult, the law defines the procedure of judicial protection, including the right to compensation for non-pecuniary damage. The concept of privacy includes the right to privacy of correspondence, telephone conversations, postal, telegraph and other communications, unless, of course, the restriction of the rights stipulated by a court decision that is intended to avoid arbitrariness and abuse of officials of human rights bodies. The above postulates set forth in the updated version compared to the previous constitutions.
 
In this Constitution contains a guarantee of implementation of these rights, as evidenced by Article 24 of claim 1 - the collection, storage, use and dissemination of information about the private life of a person without his consent is not permitted. Everyone should be given the opportunity to review the materials and documents directly affecting his rights and freedoms, unless otherwise provided by law. Such an exemption (provided by the law, but not departmental instructions) when it is possible, for example, on the state secret.The only form, not undergone semantic and editorial changes - an article on the right to housing and guarantee its implementation, which states that no one may enter a home against the will of those living there, except for the cases stipulated by federal law or by court decision ( Article 25). Right to protection of the home owned by persons who are its owners, tenants or legal residents under a contract of employment. And housing is recognized and the place of temporary stay of a person, then, if the dwelling inhabit people who have authorized, their actions do not violate the integrity, including do not require the consent of other residents.The complex rights associated with nationality, reflects the specificity of multinational Russia. According to Article 26 of the Constitution "everyone has the right to determine their own national identity." Additional legal guarantees of equal rights irrespective of nationality is a constitutional provision that "no one can be forced to determine and state his national identity." Previously, there has been a mandatory indication of nationality in certain documents, which is the basis of discrimination. Now almost not allowed to raise the issue of national identity.The Constitution reflects the provisions stipulated by international legal norms on freedom of movement, choice of place of residence or stay. Article 27 of the Russian Constitution specifies that this right has anyone lawfully in the territory of the Russian Federation. However, the right to choose their place of residence accompanied by a certain order - registration within 7 days in the internal affairs of a citizen, who arrived at the new place of residence. Important is the constitutional right of everyone to freely leave the Russian Federation and to return without hindrance, having also to the registration.Freedom of conscience and religious freedom are to acceptance or rejection of religion, to profess, individually and jointly with others any religion or no religion (art. 28 of the Constitution of the Russian Federation). No religion may be established as state or obligatory.The Russian Constitution reproduced establishment contained in Article 19 of the Universal Declaration of Human Rights, the right of citizens to seek, receive and impart information freely. They are supplemented by an article enshrining the right of citizens to freedom of thought, expression, and to the peaceful expression of opinion and expression (Article 29 of the Russian Constitution). The Constitution, recognizing such liberty, stipulates that no one may be forced to express his opinion and to deny them. Because, in a totalitarian regime, not allow dissent, such rights and freedoms have been infringed.
 
Currently, the restriction of freedom of speech is used to protect national security, public order, health or morals, not propaganda or agitation inciting social, racial, national or religious hatred and enmity.
 
The provisions on the rights of citizens to freedom of thought can be attributed to both the personal and political rights.
 
Under the political rights and freedoms implies the right, directly affecting the interests of political rights. Political rights of the individual to express the possibility of participation in political life and exercise of state power. Among this category of rights include: the right to freedom of thought, the right to hold opinions without interference, freedom to seek, receive and impart information, the right to peaceful assembly, freedom of association, the right to participate in public affairs, directly or through their representatives, the right to elect and be elected, and others.
 
In contrast to individual rights held by each person, political rights belong only to citizens of the state. However, all political rights and freedoms (both man and the citizen) shall enjoy equal protection of the state judiciary.The 1993 Constitution contains a provision from which it follows that the only source of power and the bearer of the sovereignty of the Russian Federation is the people. This is the most important foundation of the constitutional order, which is realized only through the political rights of every citizen who fully come upon reaching 18 years of citizen.Turning directly to the definition of the circle of political rights and freedoms necessary to note Article 29 of the Russian Constitution (freedom of thought and expression) associated with both the personal and political aspects of society, as a legal democratic state should prevail different views and beliefs. These principles are fixed constitutionally and indicate that a person has the right to transmit, distribute and produce information in any legal way. Abuse of freedom of information transmission can harm society, destabilization and disruption of public consent.
 According to Article 30 of the Russian Constitution, "Everyone has the right of association ...", ie the creation of a different sort (not the state) associations together with other persons, and to enter and leave them freely. These associations are - voluntary, self-governing, non-profit formations created on the initiative of citizens to meet their (spiritual, material) needs. The purpose of association is that it should meet the interests of the individual, a member of such a union. To create a public association requires the initiative of at least three individuals (except for political parties and trade unions). Article 30 of the Constitution of the Russian Federation fixes the guarantee of freedom of public associations. For the implementation of the statutory tasks of association citizens have the right to hold meetings, rallies and demonstrations, marches and pickets - as an expression of social and political activity of citizens - provided that these movements will be carried out peacefully, without weapons (Article 31 of the Russian Constitution). These activities require the authorization of the authorities in respect of their holding.

 
Among the associations should be made, first of all, political parties that are based on the political interests of the citizens. The purpose of political parties is theirpolitical activity, participation in election campaigns, involving directlyin addressing public issues.The main functions of the main parties is the information; with the help of political parties to the state authorities comes information about the problems of society. A citizen may be to the Party, as well as being non-partisan, that does not preclude legislation.Political rights of citizens can be expressed directly (referendum, popular vote), and through their representatives (Article 32 of the Russian Constitution to claim 1)."Citizens of the Russian Federation have the right to elect and be elected to bodies of state power and local self-government and to participate in a referendum" (Article 32 paragraph 2). The right to vote is granted to citizens 18 years of age, by which it can nominate candidates for certain positions in accordance with applicable law. Loses the right to elect incompetent person and sentenced to imprisonment by a court decision, but not limited to voting rights a person in custody is not be imposed and does not enter into force guilty verdict.The right to vote is divided into active and passive. An active right to vote, as stated above the age of citizen possessing such rights shall be 18 years and older. Passive is the right to be elected to a public authority or local authority. This right is realized a small part of the population, although it belongs to everyone. Passive suffrage comes in different age groups - depending on the nature of a public authority or local government. So, for the election of the President of the Russian Federation to be reached 35 years, and for the election of deputies of the State Duma - 21 years.It should be noted, both active and passive voting right is exercised by citizens is completely voluntary.The right to vote in the Russian Federation is universal, equal and direct, by secret ballot.Article 32 para. 4 states that "Citizens of the Russian Federation shall have equal access to public service." Equal access implies the right of citizens to engage in any public office without discrimination. The next paragraph is a citizen's right to participate in the administration of justice, based on the right of citizens to hold the office of judge be a juror, lay judges.Constitutionally enshrined the right of citizens to appeal personally and also to submit individual and collective appeals to state bodies and local self-government. Treatment of citizens are important as a way of strengthening ties with the population of the state apparatus, the source of the information that is required to address issues of public life.The 1993 Constitution, in addition to the personal and the political constitutional rights regulate the social, economic and cultural rights which form the final category of constitutional rights and freedoms.

 
Social and economic rights are designed to ensure a person a decent standard of living, right to work and free choice of employment, the right to equal pay forequal work, the right to social security, the right to protection of motherhood and childhood, the right to education.This category also applies to cultural rights, guaranteeing access to the benefits of human culture, freedom of artistic, scientific and technical creativity, his participation in cultural life and cultural institutions. This kind of rights allows for the cultural needs of the person, to provide growth of its culture, without which man can not fully exercise their personal and political rights.Changes occurring in the economy, required an adjustment in the relevant articles of the Basic Law.As the basis of market relations, the Constitution enshrines the right to practicebusiness activity for which a person uses their skills and their property. In order to ensure lawful, civilized conditions of formation and development of market relations Russian Constitution prohibits economic activity aimed at monopolization and unfair competition. The right to economic activity includes a number of specific rights, providing an opportunity to start and conduct business. At the same time the subject of economic rights may establish enterprises under their own risk and responsibility, to freely enter into contracts with other entrepreneurs, to acquire and dispose of property.The most important institution of social and economic relations is enshrined in the Constitution the right of private property, an indispensable condition for a democratic market economy. Property - is the foundation of true independence of man and his confidence in the future. The government has taken the responsibility to protect private property, ensure its integrity. The right to private property is regulated by a number of branches of Russian law.The Russian Constitution guarantees the protection of property rights. In particular, in paragraph 3 of Article 35 implies that public authorities may not referring to any expediency or even a law to deprive a person of property against his will. The agreement between the state and the owner can be achieved if the equivalent and prior compensation. The guarantee of private property rights is also a right to inherit property. Provisions governing the right of inheritance are fixed in the Civil Code of the Russian Federation, which specifies all the details of transfer of ownership bequest to the heir of the owner.The Constitution stipulates that the possession, use and disposal of land and other natural resources are managed by the owners freely, if it does not harm the environment and does not violate the rights and legitimate interests of citizens. Freedom of action in the owner of the land is very relative, since 3 of Article 36 defines the terms and procedure for the use of land.In a market economy has changed the human right to work. This right is set out in a new version, establishes the right to protection against unemployment and prohibits forced labor. Labour rights and freedoms to protect the individual from arbitrary employers, give him the opportunity to defend their dignity and interests.
 
Constitutional interpretation of the content of rights at work fully complies with the provisions on this in the International Covenant on Economic, Social and Cultural Rights.Constitutionally enshrined norms, according to which people have to work in conditions that meet safety and hygiene requirements and remunerationIt paid without any discrimination and not below the statutory minimum wage. If these requirements are violated by the actions of employers and workers in the production of the injured, the employer shall bear material, and in some cases criminal liability.According to item 3 Article 37 recognizes the right to individual and collective disputes with the use specified by federal law for their resolution, including the right to strike. Resolution of disputes are provided by the Federal Law on the Settlement of collective labor disputes by November 23, 1995 Any system of dispute resolution provides an opportunity to draw the disaffected party in court.With labor rights is inextricably linked to the right to rest, which is why it is fixed in Article 37. Any person should make rational use of their leisure time. Functions of the State in this area are to establish working hours, weekends and holidays, paid annual leave.With the recognition of the right to work state is obliged to create conditions conducive to the economic development of society, the most comprehensive employment. To do this, it guarantees free secondary vocational education in state and municipal institutions and enterprises, which is a prerequisite for preparation for employment. Instead of the previously fastened principle of free education provided all kinds of access to free education within the state standard. We reserve the right to higher education in state educational institutions on a competitive basis. As for the private universities, the citizen has the right to enroll in private, that is, Pay higher education without any restrictions of the law. The State guarantees free and available to pre-school, basic and secondary vocational education (Article 43 paragraph 2). Parents (or persons substituting them) should help their children receive basic general education.The Constitution defines the mutual rights of parents and children. The rights of parents are in the care of children and their upbringing. Able-bodied children who have reached eighteen years of age must take care of their disabled parents. The State protects the family rights of citizens, and above all - certain rights of mother and child. It develops maternal and child welfare, and provides protection for workers mothers. There are also holiday benefits related to pregnancy and childbirth, the list of which is set in labor legislation.Among the socio-economic rights include the right to social security in old age, sickness, disability, widowhood, for the education of children and in other cases established by law (Article 39 of the Russian Constitution). The contents of this law is, above all, to ensure a state pension and social benefits established by law. All forms of social security are based on the consolidation of rights of citizens to receive pensions and benefits for cause. Everyone should know in advance what are the grounds and conditions for support.
 
Constitutional secured the human right to housing. It includes the protection of the home, according to which no one shall be arbitrarily deprived of housing for any reason.However, the construction of residential premises should be not only the state, but also individually by the citizens and they create cooperatives. Encouraged cooperative and individual housing construction, development of a wide system of loans is not tax-free.The next link in the system of socio-economic rights is the right to health and medical care. It involves free medical care in state and municipal health care institutions. Medical aid is financed by means of the corresponding budget, insurance contributions and other income.The Constitution specifies (Article 41, part 2) the obligation of the state to fund federal programs for the protection and promotion of public health, the need to take measures for the development of the state, municipal and private health systems.Considering the practice of previous years, the 1993 Constitution expressly stipulates that in the concealment of facts and circumstances endangering the life and health of people shall entail responsibility in accordance with the federal law. This is an important guarantee for the protection of human health, as dissemination of deliberately false or misleading information about the state of the environment, epidemics, disasters, etc. It can lead to terrible results (such as the Chernobyl accident).
 
Complementing the above rules, the Constitution of the Russian Federation establishes the right to a healthy environment, the right to reliable information about its condition and compensation for damage caused to health and property by ecological offense (Article 42). The state has a program that provides assistance to victims of environmental offenses (ave., When the Chernobyl accident). Citizens may apply to the requirements reducing this right, which is the basis of precautionary influence on companies and organizations that violate environmental laws.
 
In specifying the list of constitutional rights and freedoms is supposed criterion of social and economic rights, which highlights cultural rights.
 
To include cultural rights necessary for human development level of its culture, without which man can not fully exist.
 
Constitutionally enshrined principles guaranteeing freedom of literary, artistic, scientific, technical and other kinds of work, teaching, the right to participate in cultural life and the achievements of culture, access to cultural values.
 
Under the law, everyone can engage in creative activities; and state agencies and local governments are not entitled to interfere in the creative life of a person that took place in the years of the totalitarian regime.
 
The State guarantees the protection of authors of intellectual property, establishing the procedure for the application of the responsibility for those who violate this right. Thus,assigning some kinds of authorship entail criminal liability.
 
In conclusion it is necessary to add that the State establishes guarantees the rights and freedoms of citizens.


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