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Реферат The constitutional law in the modern world: basic directions and forms of development





ntal constitutional position about freedom of public ulcerating of the requirements and interests, of thought and speech, of necessary warranty of formation of the democratic civil society. The legal state in the longing to guarantee the freedom of peaceful meetings, is obliged at the same time to provide the public order at undertaking public mass actions.statutory construction of Article 31 of the Constitution of the Russian Federation is in direct correspondence with positions of Part 1 Article 20 of General declaration of human rights, in according to which each person has the right to freedom of t peaceful meetings and associations. Concretization of the specified position is given in Article 21 of the International Pact about civil and political rights, according to which there is recognized the right to peaceful meetings. Enjoying this right is not subjected to any restrictions, except those, imposed in accordance with the law and which are necessary in the democratic society in the interests of the state and public safety, public order, health care and morality of the population or protection of rights and freedoms of other persons.to positions of Part 1 Article 32 of the Constitution of the Russian Federation the citizens of the Russian Federation have the right to participate in management of deals of the state both directly, and through their own representatives. The given constitutional right of the citizens is covered and concretized in the following parts of Article 32 of the Constitution., The citizens of the Russian Federation have equal access to state service and have the right to participate in realization of justice (Parts 4 and 5 of the Constitution of the Russian Federation). , The special role in the process of legitimating of the political and legal system belongs to the right to elect and be elected to the bodies of state authorities and bodies of local self management, as well as to participate in the referendum (Part 2 Article 32 of the Constitution of the Russian Federation). It is necessary to note the most ramified nature of the system of legal regulation of the electoral rights of the citizens. 3 of the Constitution of the Russian Federation proclaims the referendum and free elections as the high direct expression of the power of the people. On its constitutionally legal nature the referendum and elections are the fundamental mechanisms, on the one hand, transferring the constitutional declaration about the people as the barrier of the sovereignty and the single source of the power in the Russian Federation in plane of the concrete legal relations , within the framework of which the will of the people as the sovereign is materialized in to the system of state authorities (elections as the organizational component) and in to the legal system (the referendum is the statutory component). On the other hand, in the process of operation of political and legal systems there occurs з specific check of quality of functioning of the mechanism of materialization of public will raquo ;. If elections and the referendum are really free and democratic, the society gets the efficient state mechanism and uncontradictory legislation. Otherwise there appear reasons for approving about falseness, illusion of sovereignty of the people, about divergence of legal and actual constitution (within the framework of sociological approach). In its extreme expression there appears the situation, the statutory obstacle of which is put by positions of Part 4 Article 3 of the Constitution of the Russian Federation (the prohibition of appropriation of the power)., Very hard frames of journal publications do not allow to cover in more details the features of the above-mentioned constitutional political rights and freedoms. For the same reason we did not mention the constitutional warranties of the equal access of the citizens of the Russian Federation to state service (Part 4 Article 32 of the Constitution of the Russian Federation) as the professional activity on ensuring the realization of authorities of state bodies, on the one hand, and at the same time of the important institute of the direct participation of the citizens in management of deals of the state. separate analysis requires as well the provided by positions of Article 33 of the Constitution of the Russian Federation right of the citizens of the Russian Federation to apply personally, as well as the direct individual and group applications to state bodies and bodies of local self management. conclusion we would like to note the special measure of the positive liability of state authorities referring to provision of authentic warranties of realization of political rights and freedoms of a person and a citizen. The given liability directly proceeds from the contents of positions of Article 45 of the Constitution of the Russian Federation, which guarantees state protection of rights and freedoms of a person and a citizen ie ...


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