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Реферат Abstract work THE PROBLEM OF PROTECTION OF HUMAN RIGHTS AS THE MOST IMPORTANT DIRECTION OF THE JUDICIAL REFORM OF MODERN RUSSIA














Abstract workproblem of protection of human rights as the most important direction of the judicial reform of modern Russia



Placing the problem of human rights on foreground of modern realization is the testimony of enormous transformations of the spiritual culture and morality. After disintegration of the USSR in Russia the idea of ??indissoluble relationship of civilization and progress with real participation of the person is being formed in decision of political, economic, social and cultural problems both the state, and in global world scale. All this occurs on the background of the sharpest political, economic and social-cultural crisis. The society has been over waved with legal nihilism, formed on the ground of lawlessness preceding years, there has fallen the prestige of rights and law-enforcement bodies, there is difficultly overcome the scornful attitude to rights and interests of the person. The state and the person are not considered equal participants of the social contact; the person invariably appears in the role of the suppliant even, when the problem on protection of legal rights and freedoms is decided.human rights has become a complex multivariate phenomenon. In different epochs the problem of human rights invariably remaining political and legal, has gained either religious or ethical, or philosophical meaning depending on social position of the classes being at power.question is whether it is actual today to speak of human rights of the person , individual, and society? Whether the society has not reached such level of development, under which the given questions do not appear? Analyzing the real political, legal, moral situations, forming in the Russian Federation and obstructing the processes of development and ensuring human rights, formation of the legal and social state, you begin to understand that the given subject becomes the priority problem of the state, society. The historical development shows that each generation should protect rights of the person and mankind does not know the situation, under which there should not be needed efforts for maintenance and protection of the rights and freedoms of the individual. Each generation in its own way answers the eternal call of historical development, connected with taking back of such great values, as freedom and human rights.human rights should find the leading place in political and legal doctrines and in practice of the modern Russia.society will become free, democratic, humane and moral only when there is really incarnated in life the constitutional principle, fixed in Article 2 of the Constitution of the Russian Federation: The person, his rights and freedoms shall be the supreme value. Recognition, observance and protection of rights and freedoms of a person and a citizen shall be the duty of the state .of the legal system, based on the idea of ??human rights, their insurance and protection by the state has begun in Russia with the judicial reform, carried out since 1991. It became at the beginning of 90-s. One of the most important problems, without decision of which real transformation of the society was impossible. The purpose of the judicial reform was determined formation in Russia of the independent judicial authorities, whose activity is directed on protection of human rights, provision of social stability and mode of legality in the state, realized by means of measures of the legal nature raquo ;. For achievement of the given purpose it was necessary to decide three problems: 1) adduction of competencies of courts in accordance with requirements of the legal state; 2) provision of independence of the judge from influence of other branches of authorities, from pressure on the part of different political groupings and social groups so that the court could successfully execute its own functions raquo ;; 3) provision of legislative authorities. October 24, 1991 the concept of the judicial reform was adopted by the Supreme Soviet of the RSFSR. It provided: a) creation of independent judicial authorities, capable effectively to protect rights and freedoms of a person and a citizen; b) realization of justice on the bases of the principle of competitiveness and equality of the sides, liberation of the court from execution of the functions alien to its jurisdiction; c) participation of citizens in realization of the justice as jury-men; g) reinforcement of judicial control on the stage of preliminary examination; d) expansion of access to justice; e) ensuring the citizens with skilled legal aid.background principles of vital activity of the system of judicial authorities were stipulated in the Constitution of the Russian Federation of 1993: realization of the justice solely by court (Article 118), independence of judges and their subservience sol...


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