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Реферат Principle res judicata in practice of the European court on human rights and of the constitutional court of the Russian Federation





law of Russia. is necessary to recognize, that direct application of rights and freedoms of a person fixed in Constitution, does not remove problems of perfection of mechanisms and procedures (constitutional, judicial, administrative and others), protection and maintenance of rights and freedoms of the citizens. They do make reliable state protection of rights of the citizens which is the major factor of development of legal statehood. last decade of 20th century in Russia was the time of reforming of the legislation, the time of its democratization. Special value was given to transformation of the legislative file concerning rights and freedoms of a person and a citizen; regarding definition of mechanisms and procedures of their protection. of the serious steps forward on the way of democratization of the legislation in the specified field has become adoption of the Federal Law of the Russian Federation from February 25, 1993 No. 4866-1 About appeal in court of actions and decisions infringing rights and freedoms of the citizens [8]. It allowed appealing actions and decisions of the representative organs, public organizations and other public associations, as well as military officials and organs of military management. following stage on the way of maintenance of the most complete protection of rights and freedoms of the citizens was the Federal Law of the Russian Federation from December 14, +1995 No. 197-Federal Law About entry of changes and additions to the Federal Law About appeal in court of actions and decisions infringing rights and freedoms of the citizens from February 25, 1993 No. 4866-1 [9]. It expanded the circle of organs and officials, whose decisions and actions can be appealed in court. Thus, it is specified that the responsibility of the civil official comes in connection with its duty to recognize, observe and protect rights and freedoms of a person and a citizen according to Article 5 of the Federal Law from July 31, 1995 No.119-Federal Law About fundamentals of public service in the Russian Federation [10]. The collective and individual actions and decisions which can be appealed in court, is representation of the official information which has become the ground for committing an action (decision-making). The Law from April 27, 1993 establishes, that in court there can be appealed collective and individual actions by which there have been: infringed rights and freedoms of the citizens, created obstacles to realization by a citizen of his rights and freedoms, created obstacles to realization by the citizen of his rights and freedoms; illegally any duty has been assigned to the citizen or he has been illegally involved in any responsibility. Present full conformity with the contents of Article 46 of the Constitution adds that the citizen shall have the right to apply with the complaint, if the resulted consequences have come as a result of inactivity of the specified in the law organs and officials [11]. The basic addition of the specified law is inclusion in it of the norms about the right of each person to receive and the duty of officials, public officials is to give access to documents, materials directly infringing rights and freedoms of a person and a citizen if there are no restrictions established by the Federal Law on the information contained in the given documents and materials. the purpose of maintenance of guarantees of state protection of rights and freedoms of the citizens, their observance and respect by state organs, organs of local government and officials and according to Constitution of the Russian Federation there has been established the post of the Plenipotentiary on human rights in the Russian Federation. The special law determining the order of assignment to the post and release of the post of the Plenipotentiary, its competence, organizational forms and its activity, was the Federal Constitutional Law from February 26, 1 996 No. 1-Federal Constitutional Law About the Plenipotentiary on human rights in the Russian Federation [12]. major point of functioning of the given law is that the Plenipotentiary in the actions shall be independent and uncountable to the state organs and officials, shall be guided by the Constitution of the Russian Federation, Federal Constitutional Law About the Plenipotentiary on human rights , conventional norms and principles of the international law, international agreements of the Russian Federation. The means determined by the Law, the Plenipotentiary shall promote restoration of the broken rights, perfection of legislation of the Russian Federation on human rights and to reduction of conformity with the conventional principles and norms of the international law, to development of the international cooperation in the sphere of human rights, to legal enlightenment on the questions of rights and freedoms of a person, forms and methods of their protection [13]. Plenipotentiary on human righ...


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