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Реферат Social human rights and their maintenance in Republic North Ossetia - Alaniya





oms of a person and a citizen. Thus, at request of the Vladikavkaz of public organization of invalids of Chernobyl of Russia, the Constitutional Court oft he republic has considered the case about the verification of constitutionality of regulation of item 3 of the time order of granting invalids with vehicles confirmed by the Resolution of the Government of Republic Severnaya Ossetia - Alaniya from July 30, +1999 No. 219а. The disputed regulations infringed rights of some categories of invalids to free-of-charge maintenance of them with special vehicles as the level of social guarantees has been reduced in comparison with that established by the federal laws. In particular, the disputed act determines only that part of invalids having medical and social indications and having no contra-indications to driving a special vehicle. Meanwhile, according to federal laws About social maintenance of invalids in the Russian Federation and About social protection of citizens, undergone influence of radiation in the accident on the Chernobyl atomic power station raquo ;, the specified vehicles are given irrespective of contra-indications to driving. The Constitutional Court of the republic has admitted the restrictive requirement not corresponding to the Constitution of Republic Severnaya Ossetia - Alaniya.2006 the Constitutional Court of Republic Severnaya Ossetia - Alaniya has been petitioned by the citizen Sadzhaya MY, with the request about the verification of constitutionality of separate norms of the Regulation about the order of granting of gratuitous grants for residing in Republic Severnaya Ossetia - Alaniya and return to places of former residing of refugees and the compelled immigrants injured during the georgian-ossetic conflict in одна тисяча дев'ятсот дев'яносто один and temporarily residing in sanatoria laquo ; Ossetia and Redant (confirmed by the Resolution of the Government of Republic Severnaya Ossetia - Alaniya from 21.02.2000 43 About measures on acceleration of the process of removal of refugees and compelled immigrants from emergency buildings of sanatoria Ossetia and Redant ). The Constitutional Court of Republic Severnaya Ossetia - Alaniya has come to the conclusion, that the norms of the disputed regulation regarding, establishing requirements about clearing by refugees and compelled immigrants of the occupied by them and members of their families of premises in the place of time accommodation one day prior to reception of the grant, and regarding establishing of the requirement about removal of the compelled immigrants as registered requiring improvement at reception of grants before actual housing do not correspond to the Constitution of Republic Severnaya Ossetia - Alaniya and, thus, infringe the right to housing of the specified persons.of judicial protection of the social rights in many respects depends on the structure of the subjects allocated with the right to initiate consideration of the case in court. In our opinion, first of all, they should be the citizens. However, the analysis of the legislation on the constitutional (charter) courts of the subjects of the Russian Federation shows, that the citizens as barriers of social rights, in the majority of the subjects of Federation do not possess the right to application to the constitutional (charter) courts not only with the request about illegality of this or that statutory legal act of the subject, but even with the complaint on infringement of their constitutional rights in the concrete case. Thus, in the Republic of Tyva the citizens are not the subjects of the right to application to the constitutional (статутний) court, as well as in Moscow, Kurgan region, Irkutsk region, the Tyumen region. According to the laws about the Charter court of Samara region, about the Constitutional court of Republic of Karelia by the law or statutory legal act the citizens are not allocated with the right to application with the complaint to the corresponding constitutional (charter) court on infringement of the constitutional rights. In many laws associations of citizens are not stipulated as subjects of the right with application to the constitutional (charter) courts, for example, in Republic Tyva (the Constitutional law from 04.01.03 No. +1300 About the Constitutional Court of Republic Tyva laquo ;), in Republic Dagestan (the Law from 07.05.96 About the Constitutional Court of Republic Dagestan ), in Republic Komi (the Law from 31.10.94 No 7-РЗ About the Constitutional Court of Republic Komi" ). right constitution grant ossetia organizations, unions, funds and other associations aspire (and it is proved by activities of the constitutional (charter) courts to protect first of all their members (participants) and, as a rule, they are socially unprotected groups of people: invalids, veterans, children, compelled immigrants, refugees.analysis of the legislation about the constitutional (charter) courts shows, ...


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