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Реферат Constitutional stipulation of freedom of a person





c structure and, accordingly, to the new understanding at the freedom of the person., it is necessary to specify, that despite radical requirements to refuse the old world, the constitutions adopted at the beginning of XX century, on the wave of the social revolutions which captured the whole world, they substantially followed the traditions of bourgeois-democratic constitutionalism. So, the first constitutional law of generalizing character in Russia there became the developed by VI Lenin the Declaration of the rights of the worker and the exploited d people, adopted by the III All-Russian Congress of Soviets in January, 1918 which became, in essence, the small Constitution of the Soviet state. In this document there was proclaimed as the primary goal - the destruction of any exploitation of the person by the person, full elimination of division of the society into classes, ruthless suppression of exploiters, establishment of the socialist organization of the society [96]. For this purpose there was abolished the private property on the land, natural resources (woods, bowels, waters), and the agricultural enterprises were proclaimed national property, there was proved the Soviet law about the working control, there was made nationalization of banks. Despite the full contrast of the contents, the form of this document has been copied from the Declaration of rights of the person and the citizen. Thus, naturally, the name of the declaration has been transformed in the spirit of class struggle.the parallels with the Great French revolution in this parallel do not come to an end. The declaration of the rights of the worker and the exploited people subsequently has been included in the text of the Fundamental law of the Constitution of RSFSR from July 10, 1918 Such way of gradual transition from political declaring fundamental rights and freedoms to their legal stipulation and warranting at the level of the constitution has proved its efficiency in XIX century and the4refore has been apprehended during the socialist reorganization of the society in XX century. The first Soviet constitution has given citizens enough broad circle of democratic freedoms: the freedom of worship (Article 13), freedom of expression of opinions (Article 14), freedom of assemblies (Article 15), freedom of unions (Article 16 [97] ). Thus in the Fundamental law 1918 there were neither clauses or restrictions concerning the listed rights and freedoms. But the fact is, that the rights and freedoms were admitted only for workers, and absence of clauses and restrictions concerning their realization were fully compensated by political and legal practice, especially in conditions of the civil war and struggle against interventionists.constitution of the USSR of 1924 did not specify the questions of bases of the legal status of the person, having concentrated on the organization of authority of the federative state. But already in the Constitution of the USSR of тисячі дев'ятсот тридцять шість the whole chapter [98] was devoted to the fundamental rights s and duties of the citizens.new fundamental law contained the widest in the world for that moment list of the guaranteed rights and freedoms. We should specify, that the section began with declaration of the rights of the person, unknown to the constitutional law of the overwhelming majority of the leading countries of the West: the right to labour (Article 118), the right to rest (Article 119 ), the right to social maintenance (Article 120), the right to education (Article 121). As a matter of fact, the chapter about bases of the legal status of the person began with the unconditional achievement of the socialist organization of the society, - the rights which received the name of social and economic. The traditional list of the basic freedoms (of the person, worship, speech, press, assemblies and meetings, street processions and demonstrations, unions) for the first time in the domestic history was added by the right to inviolability of dwelling and secret of correspondence , that essentially expanded legal frameworks of the freedom of the person in the Soviet society. Besides the constitution of +1936 in comparison with the previous Soviet constitutions was added by the important legal guarantee of inviolability of the person: no one could be subjected to arrest otherwise on court the decision or on the sanction of the public prosecutor (Article 127). As a result even the bourgeois diplomats had to recognize, that this Constitution" makes the impression of most liberally painted document and enables evidently to show to all the backlog in the given question of the western democracies [99] .certainly innovative character of the Constitution of the USSR of 1936 at the same time it is necessary to remember that it was not created on an empty place. And we speak here not only about the previous experience of development and adoption of the Soviet constitutions, but ...


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