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Реферат Constitutional stipulation of freedom of a person





p align="justify">) the personal freedom;

) inviolability of the house, papers and letters;

) freedom and inviolability of the property;

) the freedom of crafts and occupations;

) the freedom of worship;

) the freedom of speech comprising also freedom of teaching and the freedom of a press;

) the freedom of assemblies and companies;

) the right to applications [91]. The rights comprising this group, BN Tchitcherin conditionally divided into two subgroups:

) the rights of the person or the rights of personal freedom - providing the person in his individual actions;

) the rights of public freedom - that provide the person in his dialogue with other people. To number of the rights of the first category there referred the inviolability of the peon and the dwelling, the secret of correspondence, freedom of trades and freedom of movement and to the number of the rights of the second category - there referred the freedom of worship , the freedom of thought and speech, the freedom of press, the freedom of the unions and assemblies.Russian pre-revolutionary lawyer, the well-known sociologist of the right BA Kistjakovskiy, classifying the rights depending on the relation of the person to the state, allocated the special group of the rights ( the freedom of the person from the state ) to which he referred inviolability of the person, dwellings, letters, the freedom of movement, the freedom of worship, the freedom of speech , press, assemblies, unions [92] .French lawyer A. Esmen has divided all freedoms into two groups: a) the material b) moral rights and interests. To the first group he referred personal freedom in the narrow sense (ie personal safety), the personal property, inviolability of dwelling; to the second he referred - the freedom of worship and creeds [93] .the beginning of the XX century to the contents of the concept of personal freedom as it was developed in literature and in the legal practice of advanced in this respect countries, there were brought two groups of the rights. The first group contained all kinds of the personal freedom, concerning the so-called material interests of the person, including: a) the personal freedom in the narrow sense of the word, i. е. the freedom from any searches and arrests; b) the freedom of movement without permission of authorities within the limits of territory of the certain state, and outside of it; c) the freedom of citizenship (citizenship), including the right to refuse from it; d) the right to private property; e) the freedom of commerce, labour and industry. The second group was formed with those kinds of freedom which concerned moral (spiritually-intellectual) interests of the person, namely: a) the freedom of worship; b) freedom of assembly; c) freedom of speech and press; d) the freedom of unions and associations; e) the freedom of training; f) the secret of the post correspondence. In the United States of America besides the concept of personal freedom contained, as a rule, the right to carry weapons stipulated by the Second amendment to the Constitution of 1787is necessary to mean, that even in conditions of liberal ideas non of the above - mentioned kinds of freedom was recognized absolute and limited. The freedom of training, for example, was naturally limited by the laws about compulsory education which the state demanded from each citizen starting out life, to have the certain minimum of knowledge; the freedom of commerce was limited not only by the system of taxes and collections, but also by the rigid control over conscientiousness of using it (measures against falsification of products, control over sale of poisonous and strong substances, etc.); Even the freedom of worship was traditionally exposed to some restriction in the sense of interdiction to make criminal acts under covering of carrying out religious cults or to refuse execution of the constitutional duties. There was admitted certainly necessary that restrictions should be imposed on the ground of the law and each citizen should have an opportunity to struggle lawfully (judicial or administrative way) for change of these limits in the direction desirable for him.the majority of researchers were convinced , that guarantees of the civil freedom substantially lay in the plane of the political freedom. In this connection it is presented quite natural, that struggle for the personal freedom in the majority of the countries of the world on the border of ХIХ-ХХ centuries was carried out in parallel with struggle for democracy and political rights. The vivid example of political-legal views of that epoch is the appeal (program) the Union of October 17th" , promulgated on the wave of revolutionary movement in Russia of 1905-1906 .:


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