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Реферат Abstract work THE PROBLEM OF PROTECTION OF HUMAN RIGHTS AS THE MOST IMPORTANT DIRECTION OF THE JUDICIAL REFORM OF MODERN RUSSIA





e of the profession if it does not contradict the Islam and general interests and rights of other persons. The state should guarantee all realization of the right to labour, since it is necessary for the society. The main law also fixes the main social rights: the right to social care, health care, pensions. The state should provide these rights to all citizens from facilities of the state budget, as well as from the personal donation of the citizens. From other social rights it is specified the right to free secondary education, and the state is entrusted with the duty of extension of the sphere of the free higher education.are constitutionally fixed such procedural rights, as prohibition of the illegal arrest, using tortures at investigation, enforcement of the citizen to give the witness evidences. To the prisoners it is forbidden to humiliate their honour and value; the violator in this case is subjected to punishment. However, according to V.E. Chirkin, in Iran there is possible permanent detention on the place of the crime.the form of state structure modern Iran is the unitary state. The territory of the country comprises 25 ostans-governors, headed by ostandars (general-governors) .And, ostans are divided into 472 shakhrestans (regions), headed by farmandarms (governors), subdivided into districts - б bakhshikhs, headed by bakhshdars. The rural regions are divided into dekhistans, or a group of villagers, headed by dekhdars (monitors). According to Article 103 of the Constitution of Islamic Republic Iran the minister of internal affairs appoints general-governors and governors. The executive power of each level is checked by councils of the corresponding administrative units (Article 100). The system of municipal bodies of the power is electoral, and elections are conducted every four years.structure of the supreme bodies of state authorities in Islamic Republic Iran possesses rather significant specifics by virtue of presence alongside with the three traditional branches of authority of the fourth branch, which in special literature is offered to be named as theocratic institutes of authorities, bodies of power of Islamic clergy or religious-clerical imperious institutes.of all, to the bodies of power of the Islamic clergy there pertains the council of experts (Shoura-ekhobregan), consisting of the elected by general voting for the term of 8 years of 86 mudzhdekhits, obliged to conduct their sessions as minimum as 5 days a year. In accordance with Articles 107 and 111 of the Constitution of Islamic Republic Iran the competence of the given body is the following most important state-legal authorities:

) election of the spiritual leader of the country (rakhbar) or formation of the performing his duty managing council consisting of 3-5 persons;

) preparation of projects of changes and amendments in the Constitution of Islamic Republic Iran, which can be initiated solely by the council of experts.individual body of the power is the spiritual leader. The competence of the spiritual leader is fixed in Article 5 and Section 8 (Articles 107-112), which install that in the epoch of secret imam the leadership of the Islamic commune and its control become the duty of the possessing high human qualities fakich, whom the absolute majority of the nation recognizes as their leader. According to Article 107 of the Constitutionthe spiritual leader of the country undertakes control of state affairs and responsibility, resulting thereof [17] .spiritual leader possesses rather significant volume of authorities of the head of the state: confirmation of the elected president of Islamic Republic Iran in the post; announcement of the war, conclusion of the peace, announcement of mobilization of the armed forces; performance of the duties of the Commander-in-Chief; decision making about amnesties and pardon; appointment of referendums. The spiritual leader has the right personally to make appointments to the most important state posts: fakikhs - members of the supervising council, head of the judicial authorities, Commander-in-Chief of the Body of guards of the Islamic revolutions (KSIR) and commanders of the three sorts of troops. Finally he has the right to discharge from authorities of the president on the ground of the conclusion of the Supreme Court or on the decision of Medzhlis. The spiritual leader does not have any constitutional or legal responsibility for his activity.spiritual leader realizes the trusteeship over the whole system of authorities and the country as a whole, realizing the concept of velayat-е-fakikh, being the foundation і of the Islamic state system. The post of the spiritual leader is created on account of traditions of the Moslem fundamentalism and greatly reminds the organization of authorities in the ideal Moslem state - caliphate [18] .council of keepers of the Constitution or the supervising council in accordan...


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