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К оглавлению /

Human rights

“Man and his rights and freedoms shall be supreme value”, - says the Constitution of the Russian Federation. However actually rights and freedoms can be treated variously. In any state, even totalitarian, nobody will write in the Constitution that the rights and freedoms of the person should be offended. But that is the legible legislation that should guarantee keeping of the human rights. In Russia the basic human rights are named in the Constitution, and their fullest disclosure is in the laws. According to the Russian Constitution rights and freedoms are declared not only for the citizens of Russian Federation, but also for the foreign subjects, and for the stateless persons. The exception constitutes only rights connected with participating in government. These rights were not thought up in 1993, when the Constitution was accepted. The idea of the natural law, which belongs to the person from birth, appeared in 17 century. The development of the humanitarian law was found in such documents as English and American Bill of Rights, the French Manifest of the Rights and Freedoms of Man and Citizen, French Constitutions of 1791 and 1795 and many other documents. However the greatest influence on development of the human rights was rendered by the Overall Declaration of Human Rights accepted on the session of the United Nations in 1948. Besides in the Soviet Union and the Russia signed some more international treaties on the human rights, including Covenant on the Economic, Social and Cultural Rights, Convention on Protection of the Rights of the Child, European Convention on Protection of Human Rights and Fundamental Freedoms, Agreements of OSCE, accepted in different time in Helsinki, Madrid, Paris, Copenhagen, Vienna, Moscow. The Soviet Union tried not to participate in signing the international legal acts on the Human Rights, but even if they had been ratified, all the same they weren’t respect. Russia has joined many facts, agreements and conventions before 1993, therefore in the Russian Constitution the international standards of the human rights are expressed. In the second chapter of the Russian Constitution called ‘Human and civil rights and freedoms’ the following statements established: Article 17: The Russian Federation human and civil rights and freedoms shall be recognized and guaranteed according to the universally recognized principles and norms of international law and this Constitution. Basic human rights and freedoms shall be inalienable and shall be enjoyed from birth. The exercise of human and civil rights must not violate the rights and the freedoms of other people. Article 18: Human and civil rights and freedoms shall have direct force. They shall determine the meaning, content and the implementation of laws. The functioning of legislative and executive authority and of local government, and shall be guaranteed by law. The Constitution of the Russian Federation is penetrated by the principle of equality and legal equality. It means, that all people are equal before the law and court. The 19th Article says:” The state guarantees the equality of rights and freedoms regardless of sex, race, nationality, language, origin, material and official status, place of residence, attitude to religion, convictions, membership in public associations”. It is possible to separate the following bunches of human rights: private, economic, social, cultural, ecological. The private rights are: The right to life. The right to human dignity, It means that ‘ nobody should be subjected to torture, violence or other severe or humiliating treatment or punishment’. The right to freedom and personal inviolability. A person may not be detained for more than 48 hours without a court order. The right to the inviolability of private life, personal and family privacy and protection of honor and good name, the right to privacy of correspondence, of telephone conversations and of postal, telegraph and other communications. The right to the inviolability of the home. The right to determine and declare nationality. The right to use native language and to a free choice of the language. The right to travel freely and to freely choice of the place of temporary of the permanent residence. The right to freely live in Russian Federation and the right to freely return. The right to freedom of conscience and religion. The freedom or thought and speech. The political rights and freedoms are: The freedom of mass media. The right to associate, including the right to establish trade unions. The right to assemble peacefully without weapon. The right to participate in managing state affairs both directly and through their representatives. The right to elect and be elected to state and local government bodies and to participate in the referendum. The right to equal access to state service. The right to participate in justice. The right to appeal to state and local bodies. The main economic, social and culture rights are: The right to use freely abilities and property for entrepreneurial and other economic activities. The right to of private property. And others. The Russian Constitution guarantees the rights and freedoms by means of direct operation of the Constitution, adoption of the federal laws, judicial and administrative protection. Despite all democratic provisions in the Russian Constitution many of them haven’t acted yet. Therefore the following problems are urgent for Russia: the alternative military service; the capital punishment; the Judicial problem; the right on worthy life the problem of land possessing. There’s still no property on the land. In conclusion Russia goes on a way of becoming lawful state. In comparison with the former Soviet Union, in the Russia Federation exists many new civil rights and freedoms. However, the actions of the government are obviously not enough of the society of general welfare.




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