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Реферат Constitutional value of freedom





The worthy contribution to the development of integration of Russia to the legal space of Europe and decision of other tasks, facing the state, on the ground of observance of the principle of the constitutional legality can and must take the bodies of Russian constitutional justice - the Constitutional Court of Russia and constitutional (charter) courts of the subject of the Russian Federation. They could play the important role in the sanction of difficulties, connected, first of all, with processing of the greater number of applications and widening load, facing the European Court on human rights in Strasburg. It can be fully executed, as, first, the main fundamental human rights, fixed in the European Convention, essentially correspond to rights and freedoms guaranteed by the Constitution of Russia, as well as to the constitutions and charters of the subjects of the Russian Federation. Second, on the ground of Part Four Article 15 of the Constitution of the Russian Federation the European Covenant is an integral part of the Russian legal system.Chairman of the Constitutional Court of the Russian Federation VD Zorkin has repeatedly emphasized in his speeches that in activities of the Constitutional Court of Russia from its very beginning there was confirmed such approach, when universal principles and norms of the international law are applied as standard, conforming with which in the state are realized rights and freedoms of a person and a citizen, fixed in the Constitution. The legal positions worked out by the Constitutional Court of the Russian Federation, are based, on the European standard in the sphere of the fundamentals rights and freedoms, as they are expressed in the European Covenant in its interpretation of the Strasburg Court [2]. the full it refers to the constitutional (charter) courts of the subjects of the Russian Federation, which already have practice of application at working out of their own decisions both European standard in the field of protection of the human rights, and taking into account these standards of legal positions of the Constitutional Court of Russia. In that subjects of the Russian Federation (a small number), where such courts were created, and their activity became the integral element of improvement of the regional state mechanism and municipal authorities, the important factor of maintenance of rights and freedoms of citizens.Republic Tatarstan formation of the Constitutional Court, which continued the activities of the Committee of the constitutional control, was initiated by President of the Republic M.Sh. Shaymiev and was supported by the Parliament of Tatarstan that has removed the constitutional control at the qualitatively new level. From the very beginning of the activity of the Constitutional Court it maintained firmed relations with the higher bodies of the republic, based on the strict understanding the positive contribution of the regional constitutional justice in development of mechanisms of the legal state, harmonization of federative relations, filling with real contents of the principle of the social state, as well as strengthening of other fundamentals of the constitutional system. The important direction in functioning of the court is application of European standards on human rights.present it is important for all the bodies of regional constitutional justice to apply directly to the European Covenant and decisions of the European Court on human rights, as well as to other recognized by Russia international-legal documents of legal character, bearing in mind the already mentioned position of the Constitution of Russia about norms of the international law as the part of the legal system of the country in combination with positions about the uniform legal space of Russia and about correspondence of regional basic laws to the federal Constitution. Besides, according to the Constitution of Tatarstan the universal principles and norms of the international law are the component of the legal system of the republic, and rights and freedoms of a person and a citizen are recognized and guaranteed according to the universal principles and norms of the international law and in accordance with the Constitution of the Russian Federation and the Constitution of Republic Tatarstan (Part Four Article 24, Part One Article 27) .legal proceedings of the constitutional justice by the Constitutional Court of Tatarstan testify that in necessary events he used these arguments at working out its own legal positions and making final decisions. Till present the Constitutional Court of Republic Tatarstan has made 55 final decisions, including 28 resolutions and 27 definitions. Thus in 12 resolutions and in 2 definitions the Constitutional Court of the republic applied the universal principles and norms of the international law and international agreements of the Russian Federation. It means that at working out of its legal positions the Constitution...


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