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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





tion of fundamentals of the constitutional system, of the fundamental rights and freedoms of a person and a citizen, provision of supremacy and the direct action of the Constitution of the Russian Federation on the entire territory of the Russian Federation.accordance with Article 96 of the Federal constitutional law About the Constitutional Court of the Russian Federation the right to apply to the Constitutional Court with the individual or group complaint on violation of the constitutional rights and freedoms shall possess the citizens, whose rights and freedoms are violated by the law, applied or subjected to application in the concrete case; associations of the citizens; foreign citizens; other bodies and persons, specified in the federal law, including the Plenipotentiary on human rights in RF and General Public prosecutor of RF.form of the written application to the Constitutional Court of RF can be different (the request, petition, complaint) plaint on the violation by the law of the constitutional rights and freedoms is admissible if: 1) the law violates the constitutional rights and freedoms of the citizens; 2) the law applied or is subjected to application in the concrete case, consideration of which is terminated or commenced in court or any body, applying the law.admitted for consideration the complaint on the violation by the law of the constitutional rights and freedoms of the citizens, the Constitutional Court notifies the court or any other body considering the court, in which there has been applied or is subjected to application the appealed law. The notice does not entail the stay of proceedings of the case, however the court or any other body, considering the case, in which the appealed law has been applied or is subjected to application has the right to suspend the proceedings till decision making by the Constitutional Court. As a result of consideration of the complaint on the violation by the law of the constitutional rights and freedoms of the citizens the Constitutional Court of RF makes one of the following decisions: 1) about recognition of the law or its separate positions corresponding to the Constitution of RF; 2) about recognition of the law or its separate positions not corresponding to the Constitution of RF. In the event the Constitutional Court has recognized the law applied in the concrete case, not corresponding to the Constitution of RF, the given case is subjected to revising by the competent body in usual order. And recognition of the law or its separate positions not corresponding to the Constitution of RF entails indemnifying of judicial expenses of the citizens and their associations in the established orderplaints of private persons and requests of state bodies are recognized correct that is disputed lawful positions and positions of other statutory acts actually do not correspond to the Constitution of the Russian Federation raquo ;. Annually the Constitutional Court of RF receives about 10 thousand applications, but only 2-3% of them meet the requirements of the Federal constitutional law About the Constitutional Court of the Russian Federation .cases on protection of rights and freedoms of the citizens , considered by the Constitutional Court can be divided into several groups - cases, connected with check of: 1) the criminal of criminal-procedural legislation; 2) constitutionality of administrative legislation, restricting the right to private property; 3) norms of electoral legislation, as well as 4) the cases on consideration of complaints on the violation of labor and social rights and freedoms; 5) the cases about restrictions of the housing rights of the citizens; 6) the cases, concerning questions of inheritance and citizenship of the Russian Federation.a whole, the Constitutional Court of RF protects from encroachment of the federal lawmaker, as well as lawmaker of the subjects of the Russian Federation the constitutional rights and freedoms of different categories of the citizens: depositors of the banks, pensioners, persons of free professions, businessmen, foreign citizens, persons, leaving abroad for permanent citizenship, persons, damaged from catastrophe at Chernobyl Power Station, rights subjected to repression and others The serious problem is considered performance of decisions of the Constitutional Court of RF whereas, in real practice there often occurs disrespectful attitude to decisions of the Constitutional Court on the part of bodies and officials, applying the laws, which violate constitutional rights and freedoms of a person.to the analysis of formation and ways of development of the judicial system in Russia over the last years as a result of undertaking of the judicial reform the role of justice has greatly increased both qualitatively and quantitatively. And it fully concerns the decision of the problem of protection of human rights.of a person and a citizen is bases of the stable development of the sta...


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