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Реферат Historical measurement of the science of governing





ging them. Freedom denying the beginning of the general communication and solidarity of all members of a society, concept of the power and authority, leads to self-destruction and destruction of bases of the state life. p> Freedom is the right to do that laws allow. In lawful state laws have equal force for all members of a society without an exception? Even the greatest merits before the state are not the basis for inviolability of the power of the individual. The law serves in a lawful state as invisible border between collective and the individual. The edging has given a classical substantiation to this position: each citizen should possess the same possibility of compulsion concerning dominating to exact and unconditional execution of the law, as dominating in its relation to the citizen. The legislator is under laws, as well as the separate citizen. Laws are supplemented with recognition for the separate person of the integral and inviolable rights. p> The personal rights and freedom are the possibilities of the person protecting from illegal and undesirable intervention in its private life and private world, called to provide existence originality and autonomy of the person.

All rights belonging to the person equally are personal. Nevertheless in the narrow sense of the word the personal rights are understood only as a part of the rights directly protecting private life and freedom of each person. The rights to a life, inviolability of person, respect, an honor and dignity protection, a freedom of worship, inviolability of dwelling concern them, a freedom of movement and a residence choice and so on. p> For example, the maintenance of the right to a personal immunity reveals in definition of exclusive conditions at which restriction and imprisonment are possible, in an establishment of the strict interdiction of violence, tortures, the reference severe and humiliating human advantage, in voluntariness of medical, scientific and other experiences in the relation of health of the person, in realization of a presumption of innocence. p> The innocence presumption means that accused of a crime it is considered innocent while its guilt will not be proved in the order provided by the law and is established by the sentence which has entered validity of court. Accused is not obliged to prove the innocence, ineradicable doubts in guilt are interpreted in favor of accused, and the proofs received with infringement of the law, admit not having a validity.

The Social and economic rights and freedom are possibilities of the person in sphere of manufacture and distribution of the material benefits, called to provide satisfaction of the spiritual needs economic and closely connected with them and interests of the person. The rights to work, rest, social security, dwelling, the right of succession concern number of the social and economic rights and freedom and so on. For example, the right to rest consists that all without an exception working on hiring in the state, public or private organizations guarantees the duration of working hours limited to the law, the weekly days off, and also paid annual holiday. p> The cultural rights and freedom are possibilities of the person to use the spiritual, cultural blessings and achievements, to take part in their creation according to the propensities and abilities. Number of such rights concern: the right to using culture achievements; the right to formation; freedom of scientific, technical and art creativity. p> Protection of the rights and freedom of the person and the citizen is a state duty. But, in turn, and the citizen bears responsibility before the state: it is obliged to observe laws, to pay taxes, to keep the nature and environment. Fatherland protection also is a debt and a duty of the citizen. p> The personal immunity is provided with lawful frameworks of powers of authorities of a lawful state. The personal immunity principle is supplemented with inviolability of dwelling and correspondence. p> The political rights and personal freedoms are the possibilities of the person providing its political self-determination and freedom, participation in government and a society. The concern the right to association; freedom of meetings, processions, demonstrations; the right to select and be the selected works in public authorities and local government; the right to equal access to any state posts; the right to participate in national discussions and voting (Referenda) and so on. For example, the right to association (freedom of associations) means possibility of free creation political and public organizations, voluntariness of the introduction and an exit from them.

Some ideas and lawful state formulas have received for the first time the legislative fastening in the Constitution of the USA 1787 and in the Declaration of human rights and the citizen, with the proclaimed French revolution on Au gust, 26th, 1789 we Will...


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