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Реферат Rights and freedoms of a person and a citizen and modern realities





he law, any other statutory act applied or subjected to application in the concrete case.other case on the collective complaint on the infringement of the constitutional rights and freedoms of the citizens of the Law of the Republic of Adygea About payment for the land raquo ;. Having examined the essence of the complaint and the documents applied the Constitutional Court of the Republic of Adygea has not revealed any infringement of the constitutional rights of the collective of the Society with the limited liability the Adygea enterprise Vtormetal by the above- mentioned Law of the Republic of Adygea and has not found out the documents confirming application of the disputed norms of the concrete case. The criterion of admissibility limits access of the citizens to court. At the same time Article 6 of the European Convention About protection of human rights and fundamental freedoms has recognized the right of access to court as the major element of the right to remedy and it shall not be prevented by excessive legal or practical obstacles.joint the Council of Europe and having supported the European convention About protection of human rights and fundamental freedoms raquo ;, the Russian Federation has accepted obligations to follow the international legal standards in the sphere of protection of rights and freedoms of a person. The task of the Russian Federation and its subjects is acceptance of measures to performance of these obligations.to Article 1 of the General Declaration on human rights all people are born free and equal in their dignity and rights raquo ;. The specified requirements of the international legal acts correspond to the Fundamental Law of the Russian Federation and its subjects.the Russian Federation rights and freedoms of a person and a citizen are recognized and guaranteed in accordance with the conventional principles and norms of the international law ( Part 1 Article 17 of the Constitution of the Russian Federation) .to Articles 2 and 6 of the Constitution of the Russian Federation all people are born free, and in equal rights, and in accordance with Article 19 all the citizens are equal under the law and court.Constitution stipulates that rights and freedoms of a person and a citizen, their protection, guarantees shall determine the basic contents and the direction of activity of the democratic state. And the major figure in this democratic process shall be the person with his constitutional rights and freedoms. The state shall be responsible under the citizen, and the citizen - under the state.Constitutional Court of the Russian Federation has repeatedly specified in the decisions that the constitutional principle of the lawful state assigns the duty to the Russian Federation to recognize, observe and protect rights and freedoms of a person and a citizen as the supreme value, that assumes establishment of such order, which should guarantee to each person state protection of his rights and freedoms (Article 1, Part 1; Articles 2, 17 and 18; Article 45 Part 1 of the Constitution of the Russian Federation). Justice as the major element of the given law in the essence is a such if provides fair sanction of the case and effective restoration in rights.into account the experience of the constitutional justice of the subjects of the Russian Federation, obligatory and fundamental conditions of development of the lawful state can be considered, in the opinion of G. Arutyunyan, the recognition and respect of the human dignity, observance of his rights and fundamental freedoms, warranting of supremacy of the law; formation of the necessary qualities and sense of justice of a person; division, equation of the powers, optimum decentralization of political, economic and administrative forces; electivity and control of the powers; presence of independent judicial power; presence of capable system of warranting of supremacy and stability of the Constitution. These preconditions are interconnected, and absence, ignoring or diverse distortion of any of them can testify to a not democratic political regime .Constitution of the Russian Federation has been adopted 12 years ago.problem of completeness of warranting of rights and freedoms of a person has got the global value in the modern world. And it is no surprising, that the global community aspires to develop uniform rules in the questions of social and legal security of the citizens. Thus, in the preamble of the International Pact About economic, social and cultural rights the ideal of a free human persons, free of fear and need, can be realized in case there are created such conditions under which every one can enjoy his economic, social and cultural rights as well as civil and political rights ., the social state is called to improve, protect a material well-being of the citizens, to serve for the tasks of maintenance for a person of the worthy life and to approve in a society the principles of human...


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