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Реферат Constitutional stipulation of freedom of a person





lign="justify"> In the politically free state there should dominate the civil freedom, creating the unique reliable basis for the all-around development of both spiritual forces of people, and the natural productivity of the country. The manifest of October 17th puts on the first place the talent of firm bases of civil freedom. The development and strengthening of these beginnings in the legislation and the rights makes one of the most important tasks of the Union.contains first of all: the freedom of creeds, the freedom of speech, oral and printed, the freedom of assembly and unions. It also contains maintenance of the freedom of movement, choice of residence and occupation, maintenance of the freedom of labour, industry, trade, the freedom of purchase of property and its order. The civil freedom also assumes inviolability of the person, dwelling, correspondence, property of citizens. All these rights, given by the law have one natural limit in the rights of other citizens and in the rights of the society and the state. No one can be arrested, l subjected to any violence, search, deprivation of property and etc. without the decision of the respective judicial authority. Any person detained on any charge, should in precisely certain and shortest term, for example, in 24 hours in cities be presented to judicial authority or release. For protection of all these rights from encroachments, both on the part of private persons, and on the part of officials, they should be put under protection of criminal laws, thus there should be established the judicial responsibility of officials irrespective their position [94]., The above-proclaimed purposes have not been still fully reached both in Russia, in other CIS countries. Though, objectivity it is necessary to recognize, that the domestic political and legal history gives the occasion for pride of the contribution to development of the freedom of the person. We mean, first of all, the freedom in social and economic sphere.social democratic and communist ideology brought to the focus on the economic basis of the freedom of the person, having deduced on the level of the state policy the well-known thesis that the poor person can never be free. The constitutions of the second generation (the so-called constitutions of the times of socialist revolutions) for the first time have fixed the economic freedom of the person, and also ample opportunities for its self-realization in social sphere; theyhave given the class shade to the freedom and have given it the guarantee in the form of the socialist state.about the contribution of constitutions of the second generation to development of the freedom of the person, it is impossible not to mention the Political Constitution of the Mexican United States from January 31, 1917. It can sound paradoxically, but exactly the Mexican constitution was the first to reproduce the basic postulates of socialism, such as the international solidarity, social justice, continuous improvement of the economic, social and cultural level of people, active role of the state in all spheres of activity of the society, the opportunity of expropriation of private property, etc. This document, in the opinion of many researchers, has opened the new page in development of constitutionalism, having united in itself the North American liberal ideas with the European values ??of social democracy.the aspect of our research it is necessary to specify, that the Mexican constitution has been one of the first in the world to fix such social rights, as the right to education (Parts 6, 7 Article 3), freedom of teaching (Part 8 Article 3), freedom of regulation of birth rate (Part 2 Article 4), right to health care (Part 3 Article 4), right to dwelling (Part 4 Article 4). Besides there has been fixed the freedom of choice of trade and occupation (Article 5), freedom of petitions (Article 8), freedom of movement and choice of residence (Article 11), as well as the right to carrying of the weapon (Article 10). It is necessary to note, that the Mexican constitution suits the problem of maintenance of the freedom of the person multidimensional and regulates the corresponding spheres of public relations as much as possible in details. The vivid example can serve the following position of Article 5 of the given document: The state can not admit performance of contracts, pacts and agreements having the purpose restriction, loss or irrevocable refusal of the freedom of the person, connected with work, training or religious vow ... there should not be allowed any agreements according to which the person agrees to announcement outside of the law or exile or refuses for a while or for ever from occupation the certain trade, industrial or trading activity [95] .in ten months after adoption of the Mexican constitution there took place the socialist revolution in Russia, which marked transition of the society to qualitatively another social and economi...


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