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Реферат Constitutional value of freedom





suffrage and providing free will of voters, and the positions of Article 3 Record No. 1 to European Covenant on protection of the human rights and the fundamental freedoms, fixing the right to free elections.the Resolution from December 6, 2006 No. 22-П on the case about the verification of constitutionality of Article 6 of the Laws of Republic Tatarstan from December 8, 2 004 No. 63-ZRT About address social maintenance of the population in Republic Tatarstan in connection with the complaint of the citizen NI Sidukov the Constitutional Court of Republic Tatarstan came to the conclusion that the republican legislator has provided the guaranteed minimum (basic) level of measures of social maintenance of rehabilitated citizens and persons, recognized suffered from political repression. On this ground the disputed by the applicant norms of the Law were recognized corresponding to the Constitution of the Republic Tatarstan. At the same time the Constitutional Court has noted that the republican legislator has the right to change legal conditions of granting the measures of social maintenance of the considered category of the citizens, not reducing the achieved level. In motivation of such approach there was applied the legal position of the Constitutional Court of the Russian Federation, expressed in its Definition from December 1, 2005 No. 462-O at request of the Sakhalin Regional Duma, about duties of the subjects of the Russian Federation to enter the efficient legal mechanisms, providing not only preservation, but also possible increasing of earlier achieved level of social protection of the rehabilitated persons and persons, recognized suffered from political repressions, and the positions of the item 3 Article 12 of the European social charter (in its revised wording from May 3, 1996), according to which for realization of the efficient realization of the right to social maintenance the state-participants of the charters undertake to strive consecutively to improve the system of the social maintenance., There has been determined the guideline for the further improvement of the measures of social maintenance of rehabilitated persons and persons, recognized suffered from political repression.the Similar way the Constitutional court of Republic Tatarstan applied the specified legal position of the Constitutional Court of the Russian Federation and the corresponding to it legal positions of the European social charter at consideration of the case about measures of social maintenance of persons, who worked in the rear during the period from June 22, 1941 till May 9, 1945 not less than six months exclusive the period of work on temporarily occupied territory of the USSR, or awarded with orders or medals of the USSR for selfless labour during the Great Patriotic War, in connection with the complaint of the citizen RG Khusainov (the Resolution from February 22, 2007 No. 23-П). The given case also eloquently shows the possibility of the regional constitutional justice on application both international norms and standards on human rights, and taking into account the given standards of legal positions of the Constitutional Court of Russia.one more resolution, adopted in May 2007 on the case on the complaint of the citizen IM Murtazin, disputed the number of the positions of the Charter of the municipal unit of the city of Kazan regarding regulation of the order of election of the head of the newly formed municipal unit, the Constitutional Court of Republic Tatarstan has applied the decision of the European Court on human rights, grounded on Article 3 of record No. 1 to the European Covenant about protection of human rights and fundamental freedoms, from January 25, 2000 No. 51501/99 on the complaint Viktor Cherepkov against Russian Federation. The Constitutional Court of the republic applied also positions of Articles 3 and 4 of the European charters of local self-management, come into force for the Russian Federation from with September 1, 1998, revealing the concept of local self-management and fixing the sphere of its competence. These sources of the law allowed our court fully and all-round to motivate the legal position on the given case and have become the important criterion at estimation of constitutionality of the norms disputed by the applicant.4 of the European Charter of local self-management has been applied in the Resolution of the Constitutional Court of Republic Tatarstan on the case on the complaint of the citizen RM Nurtdinov, who disputed separate positions of the statutory legal acts of the Executive Committee of the Municipal unit of the city of Kazan, concerning the order of payment of housing-public utilities. In the resolution with reference to the specified article, fixing the full freedom of actions of the bodies of local self-management for realization of the own initiative on any question of their competence, there was defined the right of the Executive committ...


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