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Реферат Practice of consideration of cases on protection of rights and freedoms of the citizens by the bodies of constitutional justice of the Russian Federation

















Practice of consideration of cases on protection of rights and freedoms of the citizens by the bodies of constitutional justice of the Russian Federation



December 10 is International day of human rights. In +2008 we celebrated the jubilee date raquo ;, sixty years ago the General Assembly of UNO passed the General Declaration of human rights. At present it is recognized practically by all countries though it has recommendation nature. Since day of adoption of the declaration in 1948, in the Constitutions of the majority of countries there are worded positions, reproducing basic principles and our Constitution of 1993 is not exception. March 2006 the General Assembly of UNO passed the resolution about institution of the new Council on human rights. It will signify the new stage in activity of the UNO. Its resolutions recognize that development, peace, safety and human rights remain the bases of the system of the UNO. The new Council will regularly gather in the current year and will be able to respond efficiently to exceeding situations in the field of human rights. The Council is going to conduct reviews on countries in the field of human rights. It will be guided by the principles of versatility, impartiality, objectivity and not selectivity. The adopted resolution specifies the importance of refusal from double standards and politization raquo ;. of the Russian Federation D.A. Medvedev in his message to the Federal Assembly stated that adoption in 1 993 of the Main Law, which proclaimed the supreme value of the person, his life, his rights and property, has become the unprecedented event in the history of the Russian nation [1]. part in the scientific and practical conference on the occasion of the 15th anniversary of adoption of the Constitution of the Russian Federation DA Medvedev has once again reminded that in accordance with the Constitution exactly rights and freedoms of a person and a citizen determine the sense and contents of the state activity [2]. his report at the VII All-Russian Convention of judges he said that here, at convention, you will discuss the most different questions, which have the direct attitude to the life of millions of people, protection of their rights, freedoms, interest , personal value and property. The fact is that exactly in court there are decided fates of millions of people. And to considerable degree in court there is formed attitude of the people to the state: there is estimated the ability of the state to protect interests of the citizens, to apply the force of the law and restore f justice. In this sense the court, can be the most authoritative power. In a few days we shall celebrate the 15-th anniversary of the Russian Constitution. It has stipulated the basic principles of the functioning of the judicial system. Moreover many from these principle have the direct attitude to everyday work, to juridical quality of the judicial system: it is ensuring of rights and freedoms of citizens by means of justices, guarantee of judicial protection for each person, presumption of innocence of inculpated, protection of rights of the aggrieved from crimes, abuses by power and a number of other principles, which directly result from the Constitution [3] .is well known, that the Constitutional Court of the Russian Federation occupies the special place in the mechanism of realization and protection of the constitutional rights of the citizens not only due to formal prescriptions and norms of the Constitution of the Russian Federation, but also by virtue of objective need, dictated by the democratic development of our state, by the logic of the political reforms conducted in the country. Estimating the role of the Constitutional Court of the Russian Federation in the legal system of maintenance and protection of rights of the citizens, its significance at realization of judicial protection of the citizens in general and in constitutional legal proceedings, deputy-chairman of the Constitutional Court of the Russian Federation in retired, doctor of Jurisprudence, professor TG Morshchakova [4] states that the competence of the Constitutional Court of the Russian Federation on protection of rights of the citizens is realized nearly in all judicial procedures: at realization of abstract checking of laws; settlement of disputes about competence between federal and regional bodies of state authorities; at realization of the concrete checking of laws on complaints of the citizens or their associations, as well as at requests of courts concerning constitutionality of laws, subjected to application in the process of consideration of civil, administrative and criminal cases. But, in our opinion, the main role of the Constitutional Court of the Russian F...


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