Теми рефератів
> Реферати > Курсові роботи > Звіти з практики > Курсові проекти > Питання та відповіді > Ессе > Доклади > Учбові матеріали > Контрольні роботи > Методички > Лекції > Твори > Підручники > Статті Контакти
Реферати, твори, дипломи, практика » Новые рефераты » Constitutional value of freedom

Реферат Constitutional value of freedom





al Court of Tatarstan in each second resolution applies international, European sources of law.exact example of application of international-legal standard in activity of the Constitutional Court of the republic is the case on the complaint of the citizen D.Kh. Akhmadeev. The applicant, veteran of military service, disputed the legal norms of the resolution of the republican government, regulating granting of subsidy-privileges on payment of the services of gas supply differently depending on composition of the family of the payer. On his opinion, the given norms had the discrimination nature since provided the actual reduction of the subsidies-privileges at increase of family members, residing with the veteran.is known that, Article 14 of European Covenant on protection of human rights and fundamental freedoms, containing prohibition of the discrimination, has the limited nature and distributes only on the rights and freedoms stated in the given Covenant. Other rights and freedoms, for instance, social and economic, not controlled by the Covenant can be not subjected to verification for discrimination nature. The same is the practice of the European Court on human rights, which confirmed the auxiliary nature of Article 14 of the Covenant that as a rule it can be applied only in the aggregate with another Article (Articles) of the European Covenant [3]. this connection the greater possibilities are given by the International Pact on civil and political rights, whose Article 26 distributes on unlimited circle of rights and freedoms, but practice of its controlling body - the Committee on human rights - allows applying the prohibition of discrimination in the sphere of social, economic and cultural rights and freedoms.consideration of the complaint of the citizen Akhmadeev exactly this practice was applied by the Constitutional Court of Republic Tatarstan, in particular the decisions of the Committee on human rights from April 9, 1987 (on the case Zvaan-de Vries against Netherlands) and from April 3, 1989 (the case Ibragim Geye against France), according to which Article 25 of the Pact, which guarantees equality before the law and prohibition of discrimination can be distributed and can be applied in the sphere of social maintenance, including pension maintenance and social insurance.into account the given arguments, grounded on the practice on application of the International Pact on civil and political rights, the Constitutional Court of Republic Tatarstan has recognized the disputed by the citizen person D.Kh. Akhmadeev norm, differentiating granting to the subsidies-privileges on payment of the services of gas supply depending on composition of the family of the payer, not corresponding to the Constitution of Republic Tatarstan (the Resolution from July 18, 2006). On the ground of given resolution the concrete case of the applicant has been reconsidered by the Ministry of social maintenance of Republic Tatarstan, and he was returned the excessive paid sums, and on behalf of the government of the republic the specified Ministry has worked out the measures on indemnifying of the similar amounts to all other citizens, to whom subsidies-privileges were given in reduced volume.given case is an illustration not only of the possibility of application of European and other international standards on protection of rights and freedoms of a person and a citizen in activity of bodies of the constitutional justice, but also for revealing of separate problems, outside the spheres of decisions of the constitutional courts. The given case has shown, in particular, the necessity of speedup of the process of ratifications by the Russian Federation of European social charter, signed by our country in September 2000. At the same time there are the grounds to speak about the necessity of entry of changes in Article 14 of European Covenant on protection of human rights and fundamental freedoms having excluded the restrictive clause about distributing of the given article only on rights and freedoms, controlled by Covenant.the Resolution from May 11, 2 006 No.20-П on the case about the verification of constitutionality of separate positions, in supplement to the Resolution of Head of administration of the City of Kazan from August 23, 2005 No. 2086 About organizing on the territory of the City of Kazan of the electoral districts on election of deputies of the representative body of the municipal unit of the city of Kazan raquo ;, in connection with the complaint of the citizen MG Pikashova the Constitutional Court of Republic Tatarstan has grounded the legal position, using positions of item b Article 25 of the International Pact on civil and political rights from December 16, 1966, according to which each person without any discrimination and ungrounded restrictions must have the possibility to vote and be elected on the fair periodic elections, held on the bases of the general equal electoral right at...


Назад | сторінка 7 з 9 | Наступна сторінка





Схожі реферати:

  • Реферат на тему: Principle res judicata in practice of the European court on human rights an ...
  • Реферат на тему: Practice of consideration of cases on protection of rights and freedoms of ...
  • Реферат на тему: Social human rights and their maintenance in Republic North Ossetia - Alani ...
  • Реферат на тему: Rights and freedoms of a person and a citizen and modern realities
  • Реферат на тему: Abstract work THE PROBLEM OF PROTECTION OF HUMAN RIGHTS AS THE MOST IMPORTA ...