stice raquo ;, but also intervention in realization of the right of unobstructed use of property guaranteed by Article 1 Report No. 1 to Convention [30]. The European Court considers such intervention even if it is stipulated by the law and pursues the legitimate purpose, as disproportionate, ie assigning on the applicant excessive burden, and consequently incompatible with Article 1 Report No. 1 to the Convention [31]. of the Russian Federation of тисячі дев'ятсот дев'яносто три proclaimed: Rights and freedoms of a person and a citizen shall be directly working. They determine sense, contents and application of laws, activity of the legislative and executive power, local self-management and are provided by justice [1]. of rights and freedoms of a person and a citizen directly working means, that a person and a citizen can realize rights and freedoms, and protect them in case of infringement, being guided by Constitution, referring to it [2]. the first time in domestic history of constitutionalism, Constitution of Russia of +1993 gained the extensive section about rights and freedoms of a person. In fact a person possessing the right to realization economic, cultural, spiritual and political potentialities represents itself as major condition of existence of the civil society. The person can act freely for achievement of the purpose, and the civil society should, by means of legal mechanisms, protect its interests, care of it, preserve it against all troubles. Thus, it (the person), in its turn should be obliged to observe all rights of the civil society, to work on it and to commensurate all its actions with its interests and interests of other members. The person should be free, but in conditions of an open society freedom shall be an opportunity to do all for the sake of its own happiness that does not harm happiness of other members of the society [3]. According to the researcher Any freedom should turn to the contrast when it is not limited by frameworks of the law as the legal imperative of practical activities [4]. Comprehension of importance to transfer accent from understanding of freedom as individual condition to understanding of necessity of establishment of the real civil freedom whose basis shall be the law providing an opportunity of its existence is necessary. of Russia stipulates the potential realization of which meant maintenance of freedom and valid humanism. Actually the civil society in Russia is focused on the recognition of human rights as the supreme value and their fixing as fundamental in Constitution of the state, and also development of these ideas in the current legislation. rights and freedoms of a person and a citizen have determined sense, contents and application of laws, activity of institutes of the civil society and the state organs. And in their common value constitutional regulations about rights and freedoms of a person and a citizen shall be most important and, finally, the unique criterion of presence or absence, observance or denying of the law in general [5]. The civil society which has put the goal of maintenance of rights and freedoms of a person in Russia, shall require, that the reaching of the given purpose should go simultaneously with strengthening and development of the lawful state. of the lawful state actually means the end of domination of management personnel over the civil society, identity of the principle not people for the state, but the state for people raquo ;. Thus, rights and freedoms of a person have formed the basis for the whole legal system of a civil society. Their recognition and observance have become a symbol of validity in internal affairs of the state, and also in interstate relations within the framework of which the term human rights acts as key. In fact human rights embody universal conventional categories of humanism, justice, freedom, equality, democracy, mercy, having established the priority role of the person in public relations. We shall agree with B.S. Glushachenko specifying, that rights, determining the measure of freedom of people, are more and more realized as the source of progress and satisfaction of the major individual needs and interests in their harmonious combination with public interests [6]. Objectively existence and development of the law most adequately expressing public needs and interests have become the major condition of development of the civil society. Thus human rights (in these or those forms and volumes of their existence and expression) shall be the necessary, integral and inevitable component of any law determined (namely - as subjective - human) aspect of expression of life and realization of the form of freedom and equality of people. Law without human rights is impossible, the same as human rights - without and outside the law [7]. The fundamental rights and freedoms of a person shall be substantial part of the whole system of the post Soviet...
