Finance. Taxes. Privileges. Tax deductions. State duty

Human rights and citizen in the Constitution of the Russian Federation. Implementation and protection of constitutional rights and freedoms of citizen Basic groups of human rights in GL 2

Chapter 2. Rights and Freedom of Man and Citizen

Article 17.

1. B. Russian Federation The rights and freedoms of a person and citizen are recognized and are guaranteed, according to the generally accepted principles and norms of international law and in accordance with this Constitution.

2. The basic rights and freedoms of a person are unmanufactured and belong to everyone from birth.

3. The implementation of human rights and freedoms and citizen should not violate the rights and freedoms of other persons.

Article 18.

The rights and freedoms of a person and citizen are directly acting. They determine the meaning, the content and application of laws, the activities of the legislative and executive power, local self-government and are provided by justice.

Article 19.

1. All are equal to law and judgment.

2. The state guarantees the equality of human rights and freedoms and citizen regardless of gender, race, nationality, language, origin, property and official position, place of residence, relations to religion, belief, belonging to public associations, as well as other circumstances. Any forms of limiting citizens' rights on the signs of social, racial, national, linguistic or religious affiliation are prohibited.

3. A man and woman have equal rights and freedoms and equal opportunities for their implementation.

Article 20.

1. Everyone has the right to life.

2. The death penalty will continue before its cancellation may be established by federal law as an exceptional penalties for particularly serious crimes against life in providing the accused the right to consider his court with the participation of jurors.

Article 21.

1. The dignity of the person is protected by the state. Nothing can be the basis for his diminution.

2. No one should be subjected to torture, violence, another cruel or degrading human dignity or punishment. No one can be without voluntary agreement to be subjected to medical, scientific or other experiments.

Article 22.

1. Everyone has the right to liberty and personal integrity.

2. Arrest, detention and detention are allowed only on a court decision. Before judicial decision The person cannot be delayed for more than 48 hours.

Article 23.

1. Everyone has the right to privacy, personal and family secrets, the protection of his honor and good name.

2. Everyone has the right to the secret of correspondence, telephone conversations, postal, telegraph and other messages. The restriction of this right is allowed only on the basis of a court decision.

Article 24.

1. Collection, storage, use and dissemination of information on the privacy of the person without its consent are not allowed.

2. Authorities state power and local governments, their officers We must provide each opportunity to familiarize themselves with documents and materials directly affecting his rights and freedom, unless otherwise provided by law.

Article 25.

The dwelling is inviolated. No one has the right to penetrate the dwelling against the will of those living in it, otherwise, as in cases established by the Federal Law, or on the basis of a court decision.

Article 26.

1. Everyone has the right to determine and indicate its national affiliation. No one can be forced to define and indicate its nationality.

2. Everyone has the right to use the native language, on the free choice of language of communication, education, training and creativity.

Article 27.

1. Everyone who is legitimately located in the Russian Federation has the right to move freely, choose a place of stay and residence.

2. Everyone can freely go beyond the Russian Federation. A citizen of the Russian Federation has the right to be easily returned to the Russian Federation.

Article 28.

Everyone is guaranteed freedom of conscience, freedom of religion, including the right to confess individually or together with others any religion or not to confess any, freely choose, have and distribute religious and other beliefs and act in accordance with them.

Article 29.

1. Everyone is guaranteed freedom of thought and words.

2. Propaganda or agitation, exciting social, racial, national or religious hatred and hostility, are not allowed. Propaganda of social, racial, national, religious or linguistic superiority is prohibited.

3. No one can be forced to express their opinions and beliefs or abandoning them.

4. Everyone has the right to freely search, receive, transmit, produce and disseminate information by any legitimate way. The list of information constituting the state secret is determined by federal law.

5. Freedom is guaranteed mass media. Censorship is prohibited.

Article 30.

1. Everyone has the right to union, including the right to create professional unions to protect their interests. Freedom of activities of public associations is guaranteed.

2. No one can be forced to join any union or stay in it.

Article 31.

Citizens of the Russian Federation have the right to gather peacefully, without weapons, to hold meetings, rallies and demonstrations, processions and picketing.

Article 32.

1. Citizens of the Russian Federation have the right to participate in the management of state business management both directly and through their representatives.

2. Citizens of the Russian Federation have the right to elect and be elected to state authorities and local governments, as well as to participate in the referendum.

3. Do not have the right to elect and be elected citizens recognized by the court incapacitated, as well as those contained in the fields of imprisonment by the court sentence.

4. Citizens of the Russian Federation have equal access to public service.

5. Citizens of the Russian Federation have the right to participate in the administration of justice.

Article 33.

Citizens of the Russian Federation have the right to seek personally, as well as send individual and collective appeals to state bodies and local governments.

Article 34.

1. Everyone has the right to free use of its abilities and property for the entrepreneurial and other non-prohibited economic activity.

2. Economic activities aimed at monopolization and unfair competition are not allowed.

Article 35.

1. The right of private property is protected by law.

2. Everyone has the right to have property owned, own, enjoy and dispose of them both alone and together with other persons.

3. No one can be deprived of his property differently as a court decision. Forced alienation of property for state needs It can be produced only under the condition of preliminary and equivalent compensation.

4. Inheritance law is guaranteed.

Article 36.

1. Citizens and their associations are entitled to have land owned land.

2. Ownership, use and disposal of land and other natural resources are carried out by their owners freely, if it does not damage the environment and does not violate the rights and legitimate interests of other persons.

3. The conditions and procedure for the use of land are determined on the basis of the Federal Law.

Article 37.

1. Labor is free. Everyone has the right to freely dispose of its work skills, choose the generation and profession.

2. Forced labor is prohibited.

3. Everyone has the right to work in conditions that meet the requirements of safety and hygiene, to remuneration for labor without any discrimination and not lower than the minimum wage established by the federal law, as well as the right to defense against unemployment.

4. It is recognized as the right to individual and collective labor disputes using the methods of their permission established by the federal law, including the right to strike.

5. Everyone has the right to rest. Working in the employment contract is guaranteed by the Federal Law, the duration of working hours, weekends and holidays paid for annual leave.

Article 38.

1. Maternity and childhood, family are under the protection of the state.

2. Caring for children, their upbringing is equal to the right and obligation of parents.

3. The working children who have reached 18 years must take care of disabled parents.

Article 39.

1. Everyone is guaranteed social security by age, in case of illness, disability, the loss of the breadwinner, to raise children and in other cases established by law.

2. State pensions and social benefits are established by law.

3. Voluntary social insurance are encouraged, the creation of additional forms of social security and charity.

Article 40.

1. Everyone has the right to housing. No one can be arbitrarily deprived of dwellings.

2. Public authorities and local governments encourage housing construction, create conditions for the implementation of the right to housing.

3. The poor, other citizens mentioned in the law, it is provided free of charge or for an affordable fee from state, municipal and other housing stocks in accordance with the norms established by law.

Article 41.

1. Everyone has the right to protect health and medical care. Medical assistance in state and municipal institutions Healthcare is provided for citizens for free at the expense of the relevant budget, insurance premiums, other revenues.

2. In the Russian Federation, federal programs for the protection and promotion of public health are funded, measures to develop state, municipal, private health systems are being taken, activities contribute to the improvement of human health, the development of physical culture and sports, environmental and sanitary and epidemiological well-being.

3. Hiding by officials of facts and circumstances that make a threat to the life and health of people entails responsibility in accordance with federal law.

Article 42.

Everyone has the right to a favorable environment, reliable information about its condition and compensation for damage caused by his health or property by an environmental offense.

Article 43.

1. Everyone has the right to education.

2. The publicity and freeness of pre-school, basic general and secondary vocational education in state or municipal educational institutions and enterprises are guaranteed.

3. Everyone has the right to receive higher education in the state or municipal educational institution on a competitive basis for free and in the enterprise.

4. Basic general education is mandatory. Parents or persons replacing them ensure the receipt by children of basic general education.

5. The Russian Federation establishes federal state educational standards, supports various forms of education and self-education.

Article 44.

1. Everyone is guaranteed freedom of literary, artistic, scientific, technical and other types of creativity, teaching. Intellectual property is protected by law.

2. Everyone has the right to participate in cultural life and the use of cultural institutions, access to cultural values.

3. Everyone is obliged to take care of the preservation of historical and cultural heritage, take care of the monuments of history and culture.

Article 45.

1. The state protection of human rights and freedoms and citizen in the Russian Federation is guaranteed.

2. Everyone has the right to defend its rights and freedoms by all means, not prohibited by law.

Article 46.

1. Everyone is guaranteed the judicial protection of his rights and freedoms.

2. Decisions and actions (or inaction) of state bodies, local governments, public associations and officials can be appealed to the court.

3. Everyone has the right in accordance with international treaties of the Russian Federation to contact interstate bodies for the protection of human rights and freedoms, if all available domestic remedies have been exhausted.

Article 47.

1. No one can be deprived of the right to consider his case in the court and the judge, whose jurisdiction is related to the law.

2. The accused of committing a crime has the right to consider him a court with the participation of jury meetings in cases provided for by the Federal Law.

Article 48.

1. Everyone is guaranteed the right to receive qualified legal aid. In cases provided by law, legal assistance is free.

2. Each detainee entered into custody accused of committing a crime has the right to use the help of a lawyer (defender) from the moment of detaining, detention, detention or charges.

Article 49.

1. Each accused of committing a crime is considered innocent, until his guilt will be proven in the procedure provided for by the Federal Law and established the court's judgment.

2. The accused is not obliged to prove his innocence.

3. Focipal doubts about the guilt of the face are interpreted in favor of the accused.

Article 50.

1. No one can be re-convicted in the same crime.

2. When implementing justice, the use of evidence obtained in violation of the Federal Law is not allowed.

3. Every convicted for a crime has the right to revise the sentence by a higher court in the manner prescribed by the Federal Law, as well as the right to ask for pardon or softening.

Article 51.

1. No one must testify against himself, his spouse and close relatives, the circle of which is determined by the federal law.

2. The federal law may establish other cases of liberation from the obligation to provide testimony.

Article 52.

The rights of victims from crimes and abuse of power are protected by law. The state provides victim access to justice and compensation for damage.

Article 53.

Everyone has the right to compensation for the state of harm caused by illegal actions (or inaction) of state authorities or their officials.

Article 54.

1. The law establishes or aggravating the inverse force does not have.

2. No one can be responsible for the act, which at the time of his commission was not recognized by the offense. If, after committing an offense, the responsibility is eliminated or mitigated, a new law applies.

Article 55.

1. The transfer of fundamental rights and freedoms in the Constitution of the Russian Federation as denial or derogation of other generally accepted rights and freedoms of man and citizen.

2. In the Russian Federation should not be published by laws that cancel or detractive human rights and freedoms and citizen.

3. Rights and freedoms of a person and citizen can be limited to federal law only to the extent that it is necessary to protect the foundations of the constitutional system, morality, health, the rights and legitimate interests of other persons, ensuring the defense of the country's country and security.

Article 56.

1. In a state of emergency to ensure the safety of citizens and the protection of the constitutional system, in accordance with the Federal Constitutional Law, certain restrictions on the rights and freedoms indicating the limits and the term of their action may be established.

2. A state of emergency throughout the Russian Federation and in its individual locations can be introduced in the presence of the circumstances and in the manner prescribed by the Federal Constitutional Law.

3. Not subject to restriction of law and freedom, provided for in Articles 20, 21, 23 (Part 1), 24, 28, 34 (Part 1), 40 (Part 1), 46 - 54 of the Constitution of the Russian Federation.

Article 57.

Everyone is obliged to pay legally established taxes and fees. Laws establishing new taxes or worsening the situation of taxpayers, the inverse force does not have.

Article 58.

Everyone is obliged to maintain nature and the environment, carefully refer to natural wealth.

Article 59.

1. The defense of the Fatherland is a debt and obligation of a citizen of the Russian Federation.

2. A citizen of the Russian Federation carries military service in accordance with federal law.

3. Citizen of the Russian Federation in case his belief or religion contradicts military serviceAlso in other cases established by federal law has the right to replace its alternative civil service.

Article 60.

A citizen of the Russian Federation can independently fulfill its rights and obligations from 18 years.

Article 61.

1. A citizen of the Russian Federation cannot be expelled outside the Russian Federation or issued to another state.

2. The Russian Federation guarantees its citizens protection and patronage beyond.

Article 62.

1. A citizen of the Russian Federation may have citizenship of a foreign state (double citizenship) in accordance with federal law or an international treaty of the Russian Federation.

2. The existence of a citizen of the Russian Federation of a foreign state does not detract from his rights and freedoms and does not exempt from duties arising from Russian citizenship, unless otherwise provided by federal law or international treaty of the Russian Federation.

3. Foreign citizens and stateless persons enjoy the rights in the Russian Federation and carry duties on a par with citizens of the Russian Federation, except for cases established by federal law or an international treaty of the Russian Federation.

Article 63.

1. The Russian Federation provides political asylum to foreign citizens and stateless persons in accordance with the generally recognized norms of international law.

2. In the Russian Federation, it is not allowed to be issued to other states of persons pursued for political convictions, as well as for actions (or inaction), not recognized in the Russian Federation a crime. The issuance of persons accused of committing a crime, as well as the transfer of convicts for serving the sentence in other states, is carried out on the basis of the Federal Law or the International Treaty of the Russian Federation.

Article 64.

The provisions of this chapter constitute the basis of the legal status of the individual in the Russian Federation and cannot be changed otherwise as in the manner prescribed by this Constitution.

Human rights and freedoms and citizen

Chapter 2 Constitution of the Russian Federation

Article number

Points and content of the article

Article 17 of the Constitution of the Russian Federation

1. The Russian Federation recognizes and guarantees the rights and freedoms of a person and a citizen in accordance with the generally accepted principles and norms of international law and in accordance with this Constitution.

2. The basic rights and freedoms of a person are unmanufactured and belong to everyone from birth.

3. The implementation of human rights and freedoms and citizen should not violate the rights and freedoms of other persons.

Article 18 of the Constitution of the Russian Federation

The rights and freedoms of a person and citizen are directly acting. They determine the meaning, the content and application of laws, the activities of the legislative and executive power, local self-government and are provided by justice.

Article 19 of the Constitution of the Russian Federation

1. All are equal to law and judgment.

2. The state guarantees the equality of human rights and freedoms and citizen regardless of gender, race, nationality, language, origin, property and official position, place of residence, relations to religion, belief, belonging to public associations, as well as other circumstances. Any forms of limiting citizens' rights on the signs of social, racial, national, linguistic or religious affiliation are prohibited.

3. A man and woman have equal rights and freedoms and equal opportunities for their implementation.

Article 20 of the Constitution of the Russian Federation

1. Everyone has the right to life.

2. The death penalty will continue before its cancellation may be established by federal law as an exceptional penalties for particularly serious crimes against life in providing the accused the right to consider his court with the participation of jurors.

Article 21 of the Constitution of the Russian Federation

1. The dignity of the person is protected by the state. Nothing can be the basis for his diminution.

2. No one should be subjected to torture, violence, another cruel or degrading human dignity or punishment. No one can be without voluntary agreement to be subjected to medical, scientific or other experiments.

Article 22 of the Constitution of the Russian Federation

1. Everyone has the right to liberty and personal integrity.

2. Arrest, detention and detention are allowed only on a court decision. Before the court decision, the person cannot be delayed for more than 48 hours.

Article 23 of the Constitution of the Russian Federation

1. Everyone has the right to privacy, personal and family secrets, the protection of his honor and good name.

2. Everyone has the right to the secret of correspondence, telephone conversations, postal, telegraph and other messages. The restriction of this right is allowed only on the basis of a court decision.

Article 24 of the Constitution of the Russian Federation

1. Collection, storage, use and dissemination of information on the privacy of the person without its consent are not allowed.

2. Public authorities and local governments, their officials are obliged to provide each opportunity to familiarize themselves with documents and materials directly affecting his rights and freedoms, unless otherwise provided by law.

Article 25 of the Constitution of the Russian Federation

The dwelling is inviolated. No one has the right to penetrate the dwelling against the will of those living in it, otherwise, as in cases established by the Federal Law, or on the basis of a court decision.

Article 26 of the Constitution of the Russian Federation

1. Everyone has the right to determine and indicate its national affiliation. No one can be forced to define and indicate its nationality.

2. Everyone has the right to use the native language, on the free choice of language of communication, education, training and creativity.

Article 27 of the Constitution of the Russian Federation

1. Everyone who is legitimately located in the Russian Federation has the right to move freely, choose a place of stay and residence.

2. Everyone can freely go beyond the Russian Federation. A citizen of the Russian Federation has the right to be easily returned to the Russian Federation.

Article 28 of the Constitution of the Russian Federation

Everyone is guaranteed freedom of conscience, freedom of religion, including the right to confess individually or together with others any religion or not to confess any, freely choose, have and distribute religious and other beliefs and act in accordance with them.

Article 29 of the Constitution of the Russian Federation

1. Everyone is guaranteed freedom of thought and words.

2. Propaganda or agitation, exciting social, racial, national or religious hatred and hostility, are not allowed. Propaganda of social, racial, national, religious or linguistic superiority is prohibited.

3. No one can be forced to express their opinions and beliefs or abandoning them.

4. Everyone has the right to freely search, receive, transmit, produce and disseminate information by any legitimate way. The list of information constituting the state secret is determined by federal law.

5. Freedom of the media is guaranteed. Censorship is prohibited.

Article 30 of the Constitution of the Russian Federation

1. Everyone has the right to union, including the right to create professional unions to protect their interests. Freedom of activities of public associations is guaranteed.

2. No one can be forced to join any union or stay in it.

Article 31 of the Constitution of the Russian Federation

Citizens of the Russian Federation have the right to gather peacefully without weapons, hold meetings, rallies and demonstrations, processions and picketing.

Article 32 of the Constitution of the Russian Federation

1. Citizens of the Russian Federation have the right to participate in the management of state business management both directly and through their representatives.

2. Citizens of the Russian Federation have the right to elect and be elected to state authorities and local governments, as well as to participate in the referendum.

3. Do not have the right to elect and be elected citizens recognized by the court incapacitated, as well as those contained in the fields of imprisonment by the court sentence.

4. Citizens of the Russian Federation have equal access to public service.

5. Citizens of the Russian Federation have the right to participate in the administration of justice.

Article 33 of the Constitution of the Russian Federation

Citizens of the Russian Federation have the right to seek personally, as well as send individual and collective appeals to state bodies and local governments.

Article 34 of the Constitution of the Russian Federation

1. Everyone has the right to free use of its abilities and property for the entrepreneurial and other non-prohibited economic activity.

2. Economic activities aimed at monopolization and unfair competition are not allowed.

Article 35 of the Constitution of the Russian Federation

1. The right of private property is protected by law.

2. Everyone has the right to have property owned, own, enjoy and dispose of them both alone and together with other persons.

3. No one can be deprived of his property differently as a court decision. Forced alienation of property for state needs can be produced only under the condition of preliminary and equivalent compensation.

4. Inheritance law is guaranteed.

Article 36 of the Constitution of the Russian Federation

1. Citizens and their associations are entitled to have land owned land.

2. Ownership, use and disposal of land and other natural resources are carried out by their owners freely, if it does not damage the environment and does not violate the rights and legitimate interests of other persons.

3. The conditions and procedure for the use of land are determined on the basis of the Federal Law.

Article 37 of the Constitution of the Russian Federation

1. Labor is free. Everyone has the right to freely dispose of its work skills, choose the generation and profession.

2. Forced labor is prohibited.

3. Everyone has the right to work in conditions that meet the requirements of safety and hygiene, to remuneration for labor without any discrimination and not lower than the minimum wage established by the federal law, as well as the right to defense against unemployment.

4. It is recognized as the right to individual and collective labor disputes using the methods of their permission established by the federal law, including the right to strike.

5. Everyone has the right to rest. Working in the employment contract is guaranteed by the Federal Law, the duration of working hours, weekends and holidays paid for annual leave.

Article 38 of the Constitution of the Russian Federation

1. Maternity and childhood, family are under the protection of the state.

2. Caring for children, their upbringing is equal to the right and obligation of parents.

3. The working children who have reached 18 years must take care of disabled parents.

Article 39 of the Constitution of the Russian Federation

1. Everyone is guaranteed social security by age, in case of illness, disability, the loss of the breadwinner, to raise children and in other cases established by law.

2. State pensions and social benefits are established by law.

3. Voluntary social insurance are encouraged, the creation of additional forms of social security and charity.

Article 40 of the Constitution of the Russian Federation

1. Everyone has the right to housing. No one can be arbitrarily deprived of dwellings.

2. Public authorities and local governments encourage housing construction, create conditions for the implementation of the right to housing.

3. The poor, other citizens mentioned in the law, it is provided free of charge or for an affordable fee from state, municipal and other housing stocks in accordance with the norms established by law.

Article 41 of the Constitution of the Russian Federation

1. Everyone has the right to protect health and medical care. Medical assistance in state and municipal health institutions is provided by citizens for free at the expense of the relevant budget, insurance premiums, other revenues.

2. In the Russian Federation, federal programs for the protection and promotion of public health are funded, measures to develop state, municipal, private health systems are being taken, activities contribute to the improvement of human health, the development of physical culture and sports, environmental and sanitary and epidemiological well-being.

3. Hiding by officials of facts and circumstances that make a threat to the life and health of people entails responsibility in accordance with federal law.

Article 42 of the Constitution of the Russian Federation

Everyone has the right to a favorable environment, reliable information about its condition and compensation for damage caused by his health or property by an environmental offense.

Article 43 of the Constitution of the Russian Federation

1. Everyone has the right to education.

2. The publicity and freeness of pre-school, basic general and secondary vocational education in state or municipal educational institutions and enterprises are guaranteed.

3. Everyone has the right to receive higher education in the state or municipal educational institution on a competitive basis for free and in the enterprise.

4. Basic general education is mandatory. Parents or persons replacing them ensure the receipt by children of basic general education.

5. The Russian Federation establishes federal state educational standards, supports various forms of education and self-education.

Article 44 of the Constitution of the Russian Federation

1. Everyone is guaranteed freedom of literary, artistic, scientific, technical and other types of creativity, teaching. Intellectual property is protected by law.

2. Everyone has the right to participate in cultural life and the use of cultural institutions, access to cultural values.

3. Everyone is obliged to take care of the preservation of historical and cultural heritage, take care of the monuments of history and culture.

Article 45 of the Constitution of the Russian Federation

1. The state protection of human rights and freedoms and citizen in the Russian Federation is guaranteed.

2. Everyone has the right to defend its rights and freedoms by all means, not prohibited by law.

Article 46 of the Constitution of the Russian Federation

1. Everyone is guaranteed the judicial protection of his rights and freedoms.

2. Decisions and actions (or inaction) of state bodies, local governments, public associations and officials can be appealed to the court.

3. Everyone has the right in accordance with international treaties of the Russian Federation to contact interstate bodies for the protection of human rights and freedoms, if all available domestic remedies have been exhausted.

Article 47 Constitution of the Russian Federation

1. No one can be deprived of the right to consider his case in the court and the judge, whose jurisdiction is related to the law.

2. The accused of committing a crime has the right to consider him a court with the participation of jury meetings in cases provided for by the Federal Law.

Article 48 of the Constitution of the Russian Federation

1. Everyone is guaranteed the right to receive qualified legal aid. In cases provided by law, legal assistance is free.

2. Each detainee entered into custody accused of committing a crime has the right to use the help of a lawyer (defender) from the moment of detaining, detention, detention or charges.

Article 49 of the Constitution of the Russian Federation

1. Each accused of committing a crime is considered innocent, until his guilt will be proven in the procedure provided for by the Federal Law and established the court's judgment.

2. The accused is not obliged to prove his innocence.

3. Focipal doubts about the guilt of the face are interpreted in favor of the accused.

Article 50 of the Constitution of the Russian Federation

1. No one can be re-convicted in the same crime.

2. When implementing justice, the use of evidence obtained in violation of the Federal Law is not allowed.

3. Every convicted for a crime has the right to revise the sentence by a higher court in the manner prescribed by the Federal Law, as well as the right to ask for pardon or softening.

Article 51 of the Constitution of the Russian Federation

1. No one must testify against himself, his spouse and close relatives, the circle of which is determined by the federal law.

2. The federal law may establish other cases of liberation from the obligation to provide testimony.

Article 52 of the Constitution of the Russian Federation

The rights of victims from crimes and abuse of power are protected by law. The state provides victim access to justice and compensation for damage.

Article 53 of the Constitution of the Russian Federation

Everyone has the right to compensation for the state of harm caused by illegal actions (or inaction) of state authorities or their officials.

Article 54 of the Constitution of the Russian Federation

1. The law establishes or aggravating the inverse force does not have.

2. No one can be responsible for the act, which at the time of his commission was not recognized by the offense. If, after committing an offense, the responsibility is eliminated or mitigated, a new law applies.

Article 55 of the Constitution of the Russian Federation

1. The transfer of fundamental rights and freedoms in the Constitution of the Russian Federation as denial or derogation of other generally accepted rights and freedoms of man and citizen.

2. In the Russian Federation should not be published by laws that cancel or detractive human rights and freedoms and citizen.

3. Rights and freedoms of a person and citizen can be limited to federal law only to the extent that it is necessary to protect the foundations of the constitutional system, morality, health, the rights and legitimate interests of other persons, ensuring the defense of the country's country and security.

Article 56 of the Constitution of the Russian Federation

1. In a state of emergency to ensure the safety of citizens and the protection of the constitutional system, in accordance with the Federal Constitutional Law, certain restrictions on the rights and freedoms indicating the limits and the term of their action may be established.

2. A state of emergency throughout the Russian Federation and in its individual locations can be introduced in the presence of the circumstances and in the manner prescribed by the Federal Constitutional Law.

3. are not subject to restriction of law and freedom provided articles 20, 21, 23 (part 1), 24, 28, 34 (part 1), 40 (part 1), 46 - 54 Constitution of the Russian Federation.

Article 57 of the Constitution of the Russian Federation

Everyone is obliged to pay legally established taxes and fees. Laws establishing new taxes or worsening the situation of taxpayers, the inverse force does not have.

Article 58 of the Constitution of the Russian Federation

Everyone is obliged to maintain nature and the environment, carefully refer to natural wealth.

Article 59 of the Constitution of the Russian Federation

1. The defense of the Fatherland is a debt and obligation of a citizen of the Russian Federation.

2. A citizen of the Russian Federation carries military service in accordance with federal law.

3. A citizen of the Russian Federation in the event that his beliefs or religion contradicts the carrying of military service, as well as in other cases established by federal law, it has the right to replace its alternative civilian service.

Article 60 of the Constitution of the Russian Federation

A citizen of the Russian Federation can independently fulfill its rights and obligations from 18 years.

Article 61 of the Constitution of the Russian Federation

1. A citizen of the Russian Federation cannot be expelled outside the Russian Federation or issued to another state.

2. The Russian Federation guarantees its citizens protection and patronage beyond.

Article 62 of the Constitution of the Russian Federation

1. A citizen of the Russian Federation may have citizenship of a foreign state (double citizenship) in accordance with federal law or an international treaty of the Russian Federation.

2. The existence of a citizen of the Russian Federation of a foreign state does not detract from his rights and freedoms and does not exempt from duties arising from Russian citizenship, unless otherwise provided by federal law or international treaty of the Russian Federation.

3. Foreign citizens and stateless persons enjoy the rights in the Russian Federation and carry duties on a par with citizens of the Russian Federation, except for cases established by federal law or an international treaty of the Russian Federation.

Article 63 of the Constitution of the Russian Federation

1. The Russian Federation provides political asylum to foreign citizens and stateless persons in accordance with the generally recognized norms of international law.

2. In the Russian Federation, it is not allowed to be issued to other states of persons pursued for political convictions, as well as for actions (or inaction), not recognized in the Russian Federation a crime. The issuance of persons accused of committing a crime, as well as the transfer of convicts for serving the sentence in other states, is carried out on the basis of the Federal Law or the International Treaty of the Russian Federation.

Constitutional rights and freedoms of a person and a citizen are the inalienable most important rights and freedoms belonging to him from birth (in appropriate cases by virtue of his citizenship), protected by the state that constitute the core of the legal status of the personality and receiving the highest legal force.

I have already noticed that the observance of the rights and freedoms of the rest of the citizens is the main responsibility of citizens. Once again, I would like to note that the duties are a measure of the public necessary human behavior, designed with the rights and freedoms to provide balance, stability and dynamism of legal regulation. The Constitution enshrines that all citizens of the Russian Federation, which have its own territories have all rights and freedoms and carry equal duties stipulated by the Constitution.

(Paragraph 2 of Article 6) of the Constitution guarantees that "every citizen of the Russian Federation has all rights and freedoms on its territory and is equal to the obligations provided for by the Constitution of the Russian Federation."

It is a citizen of the Russian Federation, and not any other person who has all the fullness and freedoms provided for by the Constitution in Russia.

The main fundamental rights and other rights and freedoms arising from them provide various spheres of human life: personal, political, social, economic, cultural. In accordance with this, traditionally constitutional rights and freedoms are customary to classify into three groups:

  • 1) personal,
  • 2) political,
  • 3) Social, cultural, economic.
  • 1) Personal rights and freedoms are associated directly with the person, are not linked to the citizenship affiliation and do not flow out of it. Personal rights and freedoms are indisputable and belong to a person from birth (Article 17. Part 2). Such rights and freedoms that are necessary to ensure the protection of life, freedom, dignity, and other natural rights associated with its individual, private life.

Personal rights include: the right to life, the right to freedom and personal integrity, the inviolability of privacy, housing, free movement and the choice of place of residence, freedom of conscience, freedom of thought and words, on the judicial protection of their rights, on legal protection, on procedural guarantees In case of attraction to court, etc.

2) under political rights and freedoms imply the rights affecting the human political interests directly. Political rights express the possibilities of an individual to participate in political life and the implementation of state power. Among this category of rights include: the right to freedom of thought, the right to unhindered adhere to his opinions, the right to freedom to search, receive and disseminate information, the right to peaceful meetings, the right to freedom of associations, the right to participate in public affairs both directly and through its representatives, the right to elect and be elected and others.

Unlike personal rights belonging to each person, political rights belong only to citizens of the state. However, all political rights and freedoms (and a person, and a citizen) enjoy equal judicial protection of the state.

The main political rights are beginning to operate directly from the moment the citizen of the Russian Federation is achieved - 18 years (Article 60).

3) Social and economic rights are designed to provide a person with a worthy standard of living. These include: the right to economic activity, the right to property, the right to work and the free choice of work, the right to equal pay for equal labor, the right to social security, the right to protect motherhood and childhood, the right to education, the right to protect health and Medical assistance, the right to a favorable environment.

This category also includes cultural rights that guarantee human access to the benefits of culture, freedom of artistic, scientific, technical creativity, its participation in cultural life and the use of cultural institutions. This type of rights allows the cultural needs of a person, to ensure the growth of its culture, without which a person cannot fully implement his personal and political rights.

The main personal rights and freedoms of a citizen of the Russian Federation are indisputable and owned by everyone from the birth of human rights and freedom, independent of the availability of citizenship of the Russian Federation and ensuring the protection of life, freedom and dignity of the individual.

The main personal rights and freedoms of a person and a citizen are fixed in ch. 2 Constitution of the Russian Federation.

The personal rights and freedoms of a person and a citizen in the Russian Federation include:

  • 1) the right to life and health care;
  • 2) the right to personal integrity and protection of honor and dignity of personality;
  • 3) the right to personal freedom and freedom of movement;
  • 4) equality of all before law and court; 5) the right to privacy and dwelling;
  • 6) the right to free definition of national affiliation and free use of the national language;
  • 7) to freedom of conscience and religion, etc.

The right to life and health care is a fundamental right. Without it, the whole point is lost in establishing and complying with other rights and guarantees.

No one can impunity to deprive the life of another person. With the development of Russia as a legal state, the value of human life in the Russian Federation increased even more increased. Even an earlier permissible penalties for a crime - the death penalty - today is prohibited by law, and although it can still be prescribed as an exceptional one, it is not allowed to bring it into execution.

The right to defend and protect the dignity of the individual means that "no one should be tortured, violence, another cruel or degrading human dignity or punishment." The impaired rights to the honor and dignity of the individual also includes insult, slander, deposits. For such assassinations on the honor and dignity of citizens, federal laws are responsible.

The right to personal integrity means the inadmissibility of deprivation of anyone of his freedom and personal integrity.

Federal laws are allowed to limit this right in the form of sanctions for unlawful aims of the person, and their application is possible only by the court order or the prosecution bodies and investigations.

The Constitution of the Russian Federation establishes the right to privacy, personal and family secret, the protection of his honor and good name. This right is provided by the citizen himself or is defended by his representative in court. Because of this right, the collection, storage, use and dissemination of information on the privacy of anyone without his consent is not allowed.

The law is allowed to violate the right to the inviolability of dwellings in the form of penetration into it in cases where it is necessary for the law, for example, on the basis of a court decision, to ensure the safety of society and in other cases provided for by law.

The Russian Federation guarantees each right of free movement both through the territory of the Russian Federation and outside its limits, i.e. Everyone can freely choose a place of residence throughout the territory of the Russian Federation, to go bent it and freely return to the Russian Federation.

Personal rights and freedoms of a person make up the backbone of the entire legal status of a person in the Russian Federation and ensure respect and defense of the person in accordance with international hundred

IN current constitution Personal rights and freedoms (Art. 20-- 29) not only discover the chapter on human rights and freedoms and citizen, but also presented in a much broader extent than in previous, Soviet constitutions. Specific features of personal rights and freedoms are as follows:

these rights and freedoms are by their essence the rights and freedoms of man, i.e. everyone, and are not linked directly to the state to citizenship of the state, do not flow out of it;

these rights and freedoms are indisputable, and belong to everyone from birth;

these are such rights and freedoms that are necessary for the protection of life, freedom, the dignity of man as a person, and other natural rights associated with its individual, private life.

The main personal human right is the right to life (Art. 20 of the Constitution). It was first fixed in the Russian Constitution after the adoption of a declaration of human rights and freedoms and citizen. The content of the named law in the Constitution is not disclosed. This is the natural right of a person whose protection covers a wide range of active actions of all state and public structures, each particular person to create and maintain a safe social and natural habitat, living conditions. These factors include primarily the policy of the state, ensuring the refusal of war, military methods of resolving social and national conflicts, purposeful struggle against personal crimes, illegal storage and distribution of weapons and so on.

Events have important medical character: Proper medical care, emergency service, fight against drug addiction, etc.

Ensuring the right to life is also directly related to the preservation and restoration of human habitat.

The approach to human life as a higher social value permeates all sectoral legislation containing the most different norms in this regard: responsibility for crimes against life; about the necessary defense; On the rules for using weapons; on the procedure for recognizing the face dead; On the conditions for the establishment of a person's death; On the prohibition of medical personnel the implementation of euthanasia (satisfying the request of the patient about the acceleration of his death with any actions or means) and many others.

However, so far, the state has retained the right under certain conditions to force a person of life under certain conditions, subjected to his death penalty, although such a right contradicted the international obligations of Russia.

Due to the extremes of such a measure, the conditions for the use of the death penalty are negotiated directly in the Constitution. In accordance with Part 2 of Art. 20 The death penalty is preserved temporarily.

In hencefight, before its cancellation, it can be established by federal law only as an exceptional measure; Appointed only for especially grave crimes against life; It is related to the provision of the accused the right to consider his case by the court with the participation of jury.

In the Criminal Code, this measure is provided only in relation to the individual composition of the crime (instead of 28 in the former Code). Significantly expanded the practice of pardoning convicted to death. To enforce the sentence, a number of conditions are required, including the presidential decree on refusal to pardon the convict (including those who refused to submit a petition for pardon). Currently, a moratorium on bringing the death penalty is in fact.

The personal rights of a person belongs to the right to protect the state of the dignity of the person (Art. 21 of the Constitution).

Respect for the dignity of personality - an integral sign of a civilized society. Nothing can be the basis for his diminution. Any measures of impact on unlawful behavior of a person should not be conjugate with the diminishing of its dignity.

The Constitution establishes that no one must be subjected to torture, violence, another cruel or humiliating human dignity or punishment. No one can be without voluntary agreement to be subjected to medical, scientific or other experiments.

Respect for the personality, its advantages should include not only attentive attitude to the satisfaction of the rights and legitimate interests of a person, but also the ethics of the behavior of government officials when communicating with people, respect for them, sensitive attention to a person in difficult life situations, special Respect for older people, to disabled people and participants in the Great Patriotic War.

The inclusion of the rule of respect for the dignity of a person to the Constitution indicates that it is legal duty officials and all employees of state structures. However, life shows that this constitutional rate is still very poorly implemented practically.

The lack of respect for the dignity of man is a barrier on the way of his self-affirmation as a person, identifying its creative, intellectual abilities.

A significant place in the system of personal rights and freedoms occupy the rights enshrined in Art. 22 - 25 Constitution: the right to freedom and personal integrity, the right to inviolability of privacy, personal and family secrets, protection of their honor and dignity; the right to the secret of correspondence, telephone conversations, postal and other messages; Housing inviolability. These rights ensure the protection of a person's privacy from any extraneous intervention, the invasion of those areas in which a person should be free. They meet the natural law of a person on the anonymity of his private, personal and family life.

The inviolability of the individual (Art. 22) as a personal freedom is that no one has the right to regally limit the freedom of man to dispose of the law by his actions, to enjoy the freedom of movement. No one can be arrested, detention and detention otherwise, as on the basis of a court decision. The grounds for arrest are regulated by criminal procedure and other legislation, providing a detailed system of guarantees from unjustious arrest, from violation of human rights during the arrest.

The guarantee of the housing immunity (Art. 25) means that no one has the right to enter the "housing, and to remain against the will of those living in it. Legislation clearly regulates cases when it is allowed, and the circle of authorized bodies .

Various forms of responsibility are envisaged for the unjust invasion of citizens' personal life, for disclosing the secrets of correspondence, telephone conversations and telegraph messages. Only in strictly determined by law in connection with the investigation of criminal cases and in the presence of a court decision may be arrested for correspondence and an extension is made from postal and telegraph institutions.

In the new aspects there are problems of protecting the secrets of various kinds of interpersonal and business communication in connection with the wide development of the Internet network, the expansion of its capabilities, electronic communications. This kind of form has not yet needed due protection, and the question of the need to develop appropriate legislative acts, licensing sites on the Internet is legally risled.

For the first time in the Constitution, the human right to defend his honor and good name (Art. 23). And legally installed judicial order Protection, including the right to compensation for moral damage.

The right to privacy, personal and family mystery is manifested in prohibition without the consent of the person's "storage, use and dissemination of information about its private life (Art. 24).

Each must be given the opportunity to familiarize themselves with materials and documents directly affecting his rights and freedom, unless otherwise provided by law.

Personal rights and freedoms include the right to determine and indicate the national affiliation (Art. 26 of the Constitution).

The constitutional consolidation of this right follows from the denial of the legal significance of the sign of nationality for each particular person, means its freedom to assimilate in an international environment, which has become native and close in the language and lifestyle.

An important additional legal guarantee of equality, regardless of nationality, is the constitutional norm that no one can be forced to define and indicate its national affiliation (H "1 Art. 26). In official questionnaires, the issue of nationality is not allowed. As is known, in the past The sadly famous graph of the fifth in the questionnaires performed far from just a cognitive function.

In accordance with the Regulations on the passport of a citizen of the Russian Federation, approved by the Decree of the Government of the Russian Federation of July 8, 1997, an indication of nationality, not related to the person being necessary and reflected in the passport of human identification, was not attributed to a passport.

New in constitutional consolidation of personal rights and freedoms is the inclusion of such an important form of personality freedom as freedom of movement.

In part 1 tbsp. 27 It is indicated that everyone who is legally located in the Russian Federation has the right to move freely, choose a place of stay and residence.

In the past, this right not only was not fixed constitutionally, but could not be implemented in fact.

Thus, which existed since 1932, the provisions and its strictly regulated rules, the absence for a long time of passports in collective farmers, the housing market led to the fact that in fact a person could not freely decide the question of his place of residence.

Currently, important steps are made to eliminate legal obstacles to implement this right. On the basis of the constitutional norm, the Law of the Russian Federation of June 25, 1993 was adopted on the right of citizens to freedom of movement, choosing a place of stay and residence within the Russian Federation.

The law consolidated the abolition of registration and introduced the registration record of the citizens of the Russian Federation at the place of stay and residence within its limits. At the same time, registration or lack of such cannot serve as a basis for limiting or condition for the realization of the rights and freedoms of citizens stipulated by the Constitution.

However, for the implementation of this law, there are no all necessary conditions. His implementation impede housing problems, social instability in the country, unemployment and other conditions.

The law establishes certain restrictions on freedom of movement and choice of residence. They relate to localities in which there is a special regime (borderline strip, closed military towns and administrative-territorial education, environmental disaster zones, territory where emergency or martial law, territory and settlements, dangerous to residence in connection with infectious and mass noncommunicable diseases and poisoning of people).

The Constitution recognizes the right of everyone who is legitimately located in Russia, to freely leave for its limits and the right of a citizen of the Russian Federation will be easily returned to it (part 2 of Art. 27).

The Federal Law "On the procedure for departure from the Russian Federation and entry into the Russian Federation" on August 15, 1996 in its content corresponds to the generally accepted international standards relating to this issue.

Thus, in the International Covenant on Civil and Political Rights: "Everyone has the right to leave any country, including its own; No one can be arbitrarily deprived of the right to enter his own country" (Article 12).

"In the Soviet state, many decades have been actually prohibited by the initiative departure of citizens abroad. No legislative regulation in this area was absent. At the borders of the USSR, the" iron curtain "was erected. In recent years, the existence of the SSR has a slightly changed. The exit of Soviet citizens At a permanent place of residence in Israel. However, the rule of the need to get an exit visa, in which it could be denied without any explanation, led to the emergence of a sufficiently numerous category of citizens called "refusal".

The federal law adopted in 1996 ensures freedom of citizens to travel beyond Russia and return to its country.

Departure, naturally, is associated with the consent of the country in which a citizen is intended to arrive, and therefore an entry visa of the latter is required.

The right of a citizen of Russia for departure from his country can be "temporarily limited only in cases directly specified in the Federal Law. This restriction can be implemented if a citizen:

had tolerance of special importance or completely secret information related to state secret, and concluded an employment contract (contract), suggesting a temporary restriction of the right to departure, provided that the period for restrictions should not exceed five years from the date of the last familiarization of the person with these information - before the expiration of the term of restriction established by the employment contract (contract) or in accordance with this Federal Law;

it is called for military service or aimed at alternative civil service - until the end of these services;

detained as a suspect or brought as accused of committing a crime - before making a decision on the case or entry into force of the court sentence;

convicted for committing a crime - who is serving a sentence or liberation from him;

evades the fulfillment of the obligations imposed on it by the court - before the fulfillment of obligations either until consent to the parties;

he said about himself knowingly false information - until the issue of a matter of no more than one month by the body issuing such documents.

The main documents on which citizens are entry and departure are: a passport, a diplomatic passport, a service passport and a sailor passport.

The federal law determines the procedure for the entry and departure of foreign citizens and individuals without citizenship, as well as the procedure for the transit passage of these persons through the territory of the Russian Federation.

The freedom of conscience, freedom of religion occupy an important place in the system of personal rights and freedoms. In accordance with Art. 28 of the Constitution Everyone is guaranteed freedom of conscience, freedom of religion, including the right to confess individually or together with others any religion or not confess any, freely choose, have and distribute religious and other beliefs and act in accordance with them.

The fundamental guarantee of these freedoms is the secular nature of the state, enshrined as the basis of the constitutional system of the Russian Federation (Article 14 of the Constitution). As noted above, no religion can be established as a state or mandatory. The presence of various denominations in multinational Russia, religious beliefs makes this constitutional norm especially significant for humans. It provides freedom to choose religious beliefs or atheistic beliefs, who are not constrained by any external, outsiders.

In the Federal Law of September 26, 1997, "about freedom of conscience and religious associations" provides a wide system of guarantees of the implementation by each freedom of conscience.

The law further included the right to change religious and other beliefs, which is a legal guarantee of persecution of the persecution of the person who came out of the religious association.

The right to freedom of conscience and freedom of religion on a par with citizens of the Russian Federation enjoy foreign citizens and stateless persons legally located in Russia.

Establishing advantages, restrictions or other forms of human discrimination, depending on the relationship to religion is not allowed. The presence of religious beliefs is prohibited to be recorded in official questionnaires.

The Federal Law provides for the right of citizens to create religious groups and religious organizations, provided that their goals and actions do not contradict the law.

Freedom of the choice of religious or atheistic views is also promoted by the secular nature of education in state and municipal educational institutions. It does not pursue the purpose of the formation of a person's relation to religion. The teaching of creeds can be carried out in non-state educational and educational institutions, privately at home or in religious associations.

The important sphere of personal rights and freedoms of man and citizen is the freedom of thought and words, the right to freely look for, receive, transmit, produce and disseminate information by any legitimate method (Art. 29 of the Constitution). Thoughts, convictions, opinions of a person belong to the sphere of his inner life, in which no one can invade without his consent.

The constitution, recognizing this freedom, establishes that no one can be forced to express their opinions and beliefs or refusal from them.

In the conditions of totalitarian regime, this natural and, it would seem that the freedom of a person who cannot be infringed with various ways was disturbed. Among them is the general installation for the inadmissibility of the dissent, the denial of human rights to have thoughts and opinions going against the dominant ideology, which rejected the so-called values \u200b\u200bof socialism.

To the forms of violation of the freedom of thought, there were also the widespread dissemination of people (often wearing a massive character) express opinions that do not correspond to their thoughts and beliefs.

Thought is not free if it cannot be expressed without unfavorable or dangerous consequences.

Therefore, "Freedom of thought is inextricably linked with freedom of speech. Freedom of speech means unconditional human right to make his thoughts, beliefs and opinions by public domain. However, freedom of speech is not limitless. In accordance with the Constitution, propaganda or campaigning, exciting social, racial, national or agitation, is not allowed. Religious hatred and hostility. Probaganda of social, racial, national, religious or language superiority is prohibited (Part 2 of Art. 29). Freedom of speech means also the inadmissibility of coercion to express their opinions and beliefs or to refuse them. Guarantees named in Art. 29 The Constitution of Rights and Freedles is specified in the Law "On Mass Media" of December 27, 1991, with subsequent changes in which any citizen of Russia, which has reached 18 years of age, can be the founder of the media, except for persons serving punishment. In places of imprisonment by the court sentence, and mentally ill citizens H, recognized by the court incapable. This right is subject to judicial protection. "The right of everyone freely look for, to receive, transmit, produce and disseminate information by any legitimate way to be provided with the norms of the Federal Law" On Information, Informatization and Information Protection "(1995). This law provides for citizens to have equal The rights to access state information resources and are not required to justify the need for the owner of these resources the need to obtain the information requested by them. Failure to access information resources may be appealed to the court. The law provides for the types of information with limited access (related to state secrets; confidential).

Line UMK Nikitin. Social Studies (5-9)

Social science

Human rights and freedoms and citizen

On the territory of the Russian Federation, the rights and freedoms of a person and a citizen in accordance with the norms of international law and the Constitution of the Russian Federation are recognized and guaranteed.

Under rights A citizen is understood by the collective will of society, which is intended to provide the state. Human rights cannot be eliminated, but may be limited to a court decision in exceptional cases.

Under freedom Understand the possibility of a person to fulfill its choice and act on the basis of its own goals. By providing freedom, the state focuses precisely on the free and independent self-determination of a person in various spheres of public life.

The Constitution prohibits an arbitrary restriction of human rights and freedoms in Russia. The main condition for the implementation of rights and freedoms is the performance of the duties established by the state: a person is obliged to fulfill his duties (to comply with the laws of the Russian Federation, not violate legal rights Other persons).

The main responsibilities of a person is the Constitution:

  • compliance with the Constitution and the Laws of the Russian Federation;
  • payment of legally established taxes and fees;
  • preservation of the environment;
  • defense of the Fatherland, Military Service;
  • caring for children;
  • caring for disabled parents;
  • obtaining basic general education;
  • preservation of historical and cultural heritage.

According to the Constitution of the Russian Federation, each capable citizen is obliged to fulfill its duties to achieve eighteen.

The textbook continues the author's line at the "Social Studies" course for 5-9 classes. Its material is devoted to issues related to social standards, legal status and the rights of children, as well as with the functions of law enforcement agencies. The tutorial contains illustrations, schemes, tables. The methodical apparatus for each paragraph includes a variety of multi-level questions and tasks for collective and independent work, themes for project activities, statements of scientists, writers and extracts from documents for reading, analyzing and discussing, dictionary of lesson.

Categories of human rights

The basic rights and freedoms of the individual are indicated in the Constitution of the Russian Federation. They relate to one of the two main categories:

  • natural rights that man is endowed with birth regardless of gender, social status and the level of development of civilization (for example, the right to life);
  • the rights arising in the process of development of the state and society (political and social rights).

There are several classifications of human rights. The most common classification by spheres of social relations, allocating the following categories of rights:

  1. civilian (personal)
  2. political
  3. economic
  4. social
  5. cultural

Civilian (personal) rights - These are human rights as a biosocial being, regardless of gender and social status: the right to life, freedom and inviolability, on the free definition of nationality and language, in honor and dignity, citizenship, freedom of conscience and religion, equality to law and court, Presumption of innocence, freedom of movement and choice of place of residence, inviolability of housing and private life, the right to the secret of telephone conversations, correspondence, etc.

Political rights - The rights of a citizen to participate in the political life of the state: the right to elect and be elected to state authorities and local self-government, the right to freedom of speech, thoughts, peaceful meetings, creating unions and associations.

A feature of political rights is that only citizens of the Russian Federation and from a certain age have some of them. So the voting law of a citizen of Russia acquires at the age of 18, at 21, he can be elected to the deputies of the State Duma, in 30 years - to participate in the elections as a candidate in the head of the subject of the Russian Federation, at 35 - to be elected to the presidency of the Russian Federation.

Election may be limited only by recognition by the decision of the court's incapacity or due to imprisonment by the court sentence.

Economic and social rights - these are the rights to a decent standard of living, guaranteeing people able to freely manage the means of production, labor and consumption items, as well as the right to social support: the right to own and dispose of property, the right of inheritance, the right to entrepreneurship, the right to work, the right to the minimum wage, the right to choose from the profession and on vacation, the right to social security by age, disease, disability or loss of the breadwinner, the right to Residence, health care and medical care, the right to protect family, motherhood and childhood, the right to education and a favorable environment.

Cultural rights - These are the rights to ensure the intellectual and spiritual development of a person: the right to participate in cultural life, on the free choice of moral and cultural values, to access cultural values, to freedom of creativity and self-realization, the right to protect intellectual property, the right to cultural identity.

These types of creativity are distinguished as literary, artistic, scientific and technical. Each person has the right to engage in any of these types of creativity both professional and amateur-based.

The textbook continues the author's line on social science for 5-9 classes. Contains an extensive theoretical and actual material at the rate of social studies. Created taking into account modern scientific ideas about the spiritual world of the person, the social structure of society and social relations, about the state and the right. Includes diagrams, tables, illustrations. The methodical apparatus for each paragraph contains a variety of multi-level issues and tasks for collective and independent work, fragments from documents, scientific and scientific and scientific literature for analysis and discussion, dictionary of lesson, themes for project activities, abstracts, discussions.

When studying the topic "Human Rights and Freedom", it is necessary to explain the learners of the importance of knowledge of their own rights and in the modern world. When explaining the material should be based on examples from real life. Comprehensive information on the topic you will find in. Use the table to help students remember the material.

The constitution of democratically developed states and the constitutional provisions of international legal acts are discharged by the primary role of personal rights and freedoms of a person and a citizen.

The formation of such a legal structure as personal rights and freedoms of a person set the goal:

  • ensure guarantees of human life and protection against any forms of cruelty, violence or actions degrading human dignity;
  • consolidate the concept of individuality of each person, to provide him with the conditions for non-interference in his privacy, the inviolability of his personal interests;
  • to approve the guarantees of freedom of each individual, including freedom of selection of life positions and principles, behavioral reactions regarding different kinds of relations (moral, national, religious, etc.)
Note 1.

We are talking about the possession of this group of rights and freedoms by every person in independence from its affiliation of national, religious and other character.

Basic personal rights and freedoms of a citizen of the Russian Federation

Basic rights and freedoms are enshrined in the Constitution of the Russian Federation and are natural and inalienable: i.e. The state does not give their citizens - these rights and freedoms belong to people from birth. According to the legal norms, each person and citizen has the right to:

  • life (Art. 20);
  • dignity of personality (Art. 21);
  • freedom and personal integrity (Art. 22);
  • inviolability of privacy (Art. 23);
  • the inviolability of the dwelling (art. 25);
  • information (part 2 of article 24; h. 4 of article 29);
  • freedom to define and indicate its nationality (Art. 26);
  • use of the native language (Art. 26);
  • freedom of movement, choosing a place of stay and residence (Art. 27);
  • freedom of conscience and religion (Art. 28);
  • state protection of rights and freedoms (art. 45);
  • judicial protection of rights and freedoms (Art. 46, 47);
  • obtaining qualified legal assistance (Art. 48);
  • presumption of innocence (art. 49);
  • protection against crime and damage compensation (art. 52);
  • protection against power abuse and compensation of harm (Art. 52, 53).

The right to live

Obviously, the right to life is the fundamental, natural human right, in the absence of which all other personal rights and freedoms are deprived of meaning. The Constitution of the Russian Federation states that this right is a person (whether a law-abiding citizen, or a criminal, or a disabled person, etc.) begins to have from the moment of birth and owns them until the death itself. No one has the right to deprive the man of his life.

This right is quite complicated in content: for its implementation, a whole system of legal instruments defined by the Constitution of the Russian Federation, current legislation, is provided. One of the main indicators of the right to life is the preservation of all aspects of human health (physical and mental). Regarding this, the Constitution determines that no one has the right to: to expose a person to torture, punishments, other types of ill-treatment, experiments of medical, scientific and other character; force a person to work under conditions that do not meet safety and hygiene standards; deprive a person of medical care; Create unfavorable environmental conditions and pr.

Note 2.

The warranty system of this right also includes standards that specify the borders of the use of harmful (dangerous) for the health and life of substances, mechanisms, guns, etc.

Legally, the death penalty in Russia is not canceled - a moratorium is imposed on it, while over the past ten years they have been repeatedly submitted for consideration of bills to resume such a measure of punishment. In 1996, a decree was signed on the gradual reduction of death sentences. In 1999, the Constitutional Court of the Russian Federation imposed on the death penalty of the moratorium, and in 2009 he announced the final ban for ships to endure death sentences. In order for this ban to acquire the final legal force, Russia should ratify the law on accession to the International Convention on the Protection of Human Rights and Freedation No. 6, to revise the Constitution of the Russian Federation and to make appropriate changes in the Criminal Code of the Russian Federation. At the moment, the theoretical possibility of applying the death penalty in the Russian Federation is preserved, while the Constitution of the Russian Federation establishes the guarantees of a complicated procedure for using this extreme preventive measure. In Part 2, Article 20 of the Constitution of the Russian Federation identified that the death penalty can only be established:

  • on the basis of the relevant federal law;
  • as an exceptional way of punishment;
  • as a measure of punishment for especially grave criminal acts against life;
  • with the possibility of accused to apply for the consideration of his case with the participation of the jury.

Personality

This type of right has a close relationship with the right to life and the right to inviolability of privacy and at the same time has independent content.

The advantage in the context of the considered right includes the recognition by the person and the surrounding people of the fact of the ownership of the valuable, significant properties of the personality of moral, physical, mental, and other character, as well as the awareness of the fact that no one has the right to deframe illegally and unfair at any Conditions. Such a concept as dignity is made in shamefully from the properties of a person according to its self-assessment and reputation in society.

The procurement of human dignity is guaranteed by the state through the Constitution of the Russian Federation. In it, (Part 1, Article 23) defines such an element of the right to dignity as the right to honor and a good name. And again it should be noted that absolutely anyone has the right to advantage, the opportunity to count on respect. The right to dignity gives a person freedom in the choice of striving and lifestyle, respectively, compliance with the right under consideration is the elimination of the use of slavery and methods forcing any kind.

Note 3.

Above it was said that the right to life excludes human exposure to the experiments of various kinds. The Regulations on the right to dignity clarifies: Participation in the experiments of a medical, scientific, or other nature should occur by the goodwill of a person (the Constitution of the Russian Federation, Part 2, Article 2).

Speaking about respecting the right to honor and dignity, it is also necessary to mention that it eliminates the unproved, unfair condemnation (also supported by legal guarantees). In particular, the Constitution of the Russian Federation contains articles that determine that:

  • no one for the same crime may be condemned (Part 1, Article.50);
  • any condemned entitle to apply for pardon, softening the sentence, its revision in the manner prescribed by law (Part 3, Art. 50).

Right to freedom and personal integrity

Legally reinforced by the right of every person to freedom is very informative and significant social benefit. Implementing this right, a person acts, based on personal, spiritual, political, economic, cultural freedom. The result of such a vital activity is the development of all aspects of the person, citizen and, as a result, the development of society as a whole.

The right to liberty, as well as previous considered rights, is distinguished by multifaceted content. This includes: freedom to choose a place of residence (stay), freedom of movement and actions, inviolability of privacy, dwelling; Freedom to choose life positions, present thoughts; Freedom to choose a family of labor activity and actually freedom to work; Freedom of creative self-expression, etc. The content of the right to freedom is specified in details in the articles of the Constitution of the Russian Federation (26,27,29), as well as specialized laws.

The right to personal integrity is an equally significant authority meaning that every individual of any gender, national and religious affiliation, any other characteristics have the right to carry out any acts that do not conflict in the law without exposing any third-party coercion and restriction.

Speaking of inviolability, it is necessary to keep in mind both the physiological aspect (health, physical condition, life as a whole) and the moral and spiritual (dignity, honor). Physical component of inviolability is guaranteed by a legally fixed ban on encroachment on sexual immunity, life, health, activity of the physical genus of citizens. The moral and spiritual component of inviolability is guaranteed by the legally fixed ban to encroach on the will, consciousness and intelligence of the individual, its mental health and moral landmarks. These prohibitions are distributed both on individuals and the state bodies and their representatives.

Note 4.

An essential part of legal prescriptions concerning immunity guarantees is established in the provisions of the legislation that establish the regulations for the implementation of the jurisdictional activities of the authorities of the authorities.

The Criminal Code of the Russian Federation provides for such a measure of restraint as a deprivation of human freedom if they commit criminal acts, however, specific requirements are applied to this procedure, a certain judicial order subject to imperative execution in the event of detention and destruction. These actions are subject to execution only on the basis of a court decision (Constitution of the Russian Federation, Part 2, Article 22).

The right to inviolability of privacy, personal and family mystery

The empowerment that makes this right is: the right of each person for certain independence from the state and third-party persons, as well as their non-interference with the right time outside the service and the fulfillment of social obligations. The right to privacy is implemented in:

  • free informal interaction of a person with other people in the framework of related, friendly, intimate relations;
  • compliance with the mystery of communication (correspondence, negotiations), carried out by all possible means of communication;
  • independent disposal of personal property, family budget;
  • inviolability of housing;
  • compliance with third-party persons are the secrets of confidential information relating to the identity itself and / or his family.

The latter is explained in more detail in the provisions of the legislation establishing a ban on disclosure in the absence of a person's voluntary consent of any information relating to only his life capable of human and / or his family in case of publicity. The legislation also imposes an obligation to representatives of the relevant professions, whose activities are related to contact with private secrets, not to disclose the information received from a separate citizen. The laws of the Russian Federation impose a veto to disclose information received from a person to confession, during the provision of medical services, the implementation of protection in court, in the process of adoption, etc.

A satisfaction is held by the secret of confession, approved by the Federal Law, which also guarantees the priests the right to not be responsible for refusing to testify regarding the information received for confession (FZ "on freedom of conscience and associations", Article 3, p. 7).

Medical mystery, the safety of the secrets of personal information obtained in the provision of medical services is guaranteed by the Federal Law "On the Fundamentals of the Health of Citizens in the Russian Federation", No. 33-FZ (Article 79, Part 1, p.4). The perfect civil acts (records about them) are also subject to preservation in secret, in particular, information on adoption (Family Code of the Russian Federation, Article 139). Moreover, for giving the publicity of this information, criminal punishment is provided.

The employees of the notarial office legislation imposes an obligation not to disclose the personal information of the citizens contained in the wills, marriage contracts, transactions, etc. At the same time, the notary is obliged to prepare a certificate on the above information, if the relevant legal requirement of the investigation authorities, the court, procurators are received.

Note 5.

The Constitution of the Russian Federation also establishes that the collection of personal data, their storage and application is impossible in the absence of a voluntary agreement of the person. In fact, thereby the state makes it possible to humanize the dissemination of his personal information.

Separate attention deserves the right of a citizen not to testify against himself, against his wife / husband, some relatives, the list of which is also clearly regulated by law. Other cases of legitimate liberation from testimony are enshrined by the relevant federal law (Constitution of the Russian Federation, Art. 51). Actually, any additional provisions regarding guarantees of inviolability of privacy are enshrined in relevant federal laws.

Thus, the criminal procedural law sets the procedure of searching, seizure items, the imposition of arrest, etc. On the investigator in this case, an obligation to prevent the disclosure of information about the personal / intimate life of the criminal proceedings participating in the criminal process.

Note 6.

The level of guarantees for the preservation of secrefactory secrets (personal and family) reflects the level of democraticness of the state system, the humanities of the current political regime.

The right to housing inviolability

This empirly amounts to, including the right to privacy and lies in the absence of right among third-party persons to penetrate into someone's dwelling without the consent of those who live in it and / or without the presence of an appropriate court decision.

Any individual is entitled to be in solitude where he lives, without disclosing the events taking place in the dwelling. This also needs to be attributed to the inviolability of any materials stored in the dwelling: documents, records, diaries, etc.

Note 7.

In the context of the court under consideration, the dwelling is not only a place of permanent (main) accommodation, but also any place that the person is officially and temporarily (sanatorium, stationary medical institution, hotel, etc.)

The inviolability of housing means a ban on the penetration into the premises and finding third-party in it without obtaining a preliminary voluntary consent to this in those living in this room: constitutional norms clearly determine the ban on these actions. If there is a voluntary pronounced consent of the living / living third party, the face has the right to enter the dwelling.

Note 8.

The right to the inviolability of housing is implemented in the presence of documentary confirmation on the right to use or ownership of any forms: certificate of ownership, lease agreement or sublease, contract for the provision of services, etc.

The obligation to comply with the specified right is superimposed by the Constitution of the Russian Federation on citizens, any commercial structures and government agencies (their representatives), officials, etc., i.e. Everyone who can somehow impose on the inviolability of housing. If a citizen has appropriate claims to anyone, it has the right and opportunity to apply to the relevant authorities, as well as apply for damages associated with illegal penetration into the dwelling. In case of confirmation of the fact of violation of the right of the right, the relevant authorities must undertake measures to restore law, bringing to the responsibility of violated the law and compensation for damage.

Restrictions on the realization of the right to housing integrity impose a relevant Federal Law or Judicial decision: Forced searches of housing and withdrawing the necessary materials from it, when considering a criminal case, if there is a motivated decree of the investigator, a court decision, the sanction of the prosecutor's office. In this case, the relevant documents should be presented to interested parties.

The right to information

This empariety is possible to be divided into two components:

  • each person has the right to create, transmit, initiate information transfer;
  • each person has the right to be familiar with any documents and materials containing information that can affect his interests, rights and freedoms directly (taking into account possible legal restrictions).

The human right to own information includes both personal information and data information and social importance. The laws of the Russian Federation contain a principle, in accordance with which information relating to public and public life, indirectly or directly affecting the interests of citizens, should be available to every citizen of the country, taking into account possible restrictions imposed by federal law.

Note 9.

The list of information that is a state secret is determined by the relevant federal law.

In general, the implementation of the law under consideration (its diverse components) regulates several laws of the Russian Federation:

  • "On the media" (№ 2124-1, 27.12.1991);
  • "On State Secret" (No. 5485-1, 07.21.1993);
  • "On information, information technologies and information protection" (No. 149-FZ, 27.07.2006);
  • "On ensuring access to information on the activities of courts in the Russian Federation" (No. 262-ФЗ, 12/22/2008);
  • "On ensuring access to information on the activities of state bodies and local governments" (No. 8-FZ, 02/09/2099);
  • "On the protection of children from information that hurts their health and development" (No. 436-ФЗ, 29.12.2010), etc.

Right to freely determine and indicate its national affiliation

The implementation of this right is voluntary and optional: coercion in this case is unacceptable. This empariety is of great importance in the overall system of freedom of personality, is part of its self-identification. The nationality in a broad sense sets a person's belonging to a certain ethnos, which is its special characteristic features in the form of a language, appearance, mentality, customs, culture, etc. Thus, nationality is determined by many elements, the main of which can be called language and traditions.

The self-identification of the person in the context of nationality is not just in the desire to be a representative of some nationality, but a conscious desire to belong to generality, carry and broadcast its features, have a spiritual connection with other representatives of the ethnos, etc. Most often, belonging to this or that ethnic community is determined by ethnonational origin, i.e. nationality of parents.

Note 10.

However, the obvious fact is that certain life circumstances are possible when a person is brought up and developing in different from the hereditary national environment, and, accordingly, consciously belongs to it. The right to free definition of nationality includes the right and in this situation identify its nationality regardless of the circumstances of its origin.

The empower to belong freely to any ethnicity is inextricably linked with the equality of citizens on the national basis. The Constitution of the Russian Federation establishes the importance for the personality of a respectful attitude towards any nation and nationality, their identity, language, culture, customs.

Right to use the native language

The right to use the native language logically stems from the previous one: each person, implementing the right to belong to one or another nationality, has the right to carry its features, one of which is the language. However, this does not exclude situations when a citizen considers a native language that is not a given to the ethnos, to which he belongs. In this sense, constitutional norms approve the right of every citizen to freely choose the language used to communicate, learning, development, creativity, etc.

The key federal law guaranteeing equality in language signs, the right to preserve and develop the national language, the right to choose and using the language, is the law "On the languages \u200b\u200bof the peoples of the Russian Federation" (No. 1807-1, 10.25.1001).

Note 11.

Regulation of the right regarding the choice and use of the language has its own feature: there are no norms regarding how and what languages \u200b\u200bshould be used for personal communication, in the functioning of associations of various kinds. This specificity is one of the existing guarantees of true freedom to select communication language.

In the case when a citizen of Russia due to life circumstances does not own the state language of the Russian Federation or any of the languages \u200b\u200bof the republics as part of the Russian Federation, it has the right to submit his interests, perform at meetings, meetings, enterprises, etc., using the language that He is familiar either by using the intermediary of the translator (must be provided in accordance with the law).

Also for the provision of a translator can be calculated by persons participating in the affairs considered by law enforcement agencies and do not speak the language on which the process is conducted. Assistance in translation must be provided when familiarizing with the materials of the case, for the testimony, etc.

Right to freedom of movement, choosing a place of stay

The meaning of this empower was imprisoned to leve out of Russia to any person and opportunities for Russian citizens to be easily returned to their country. Thus, the regulations on this right include the right to choose the place of stay and the possibility of free movement both within the country and the right to leave the country and return at any time according to personal wishes.

The opportunity for a person independently dispose of its location is closely interconnected with many other rights and freedoms of citizens (free economic, business activities with the use of your property and abilities, ownership, right to housing, etc.).

Right to freedom of conscience and religion

According to the norms of the right to freedom of conscience and religion, each person has the right to choose its belonging to religious teaching, to profess it individually or together with other people, to have and broadcast religious principles, to act according to them.

Note 12.

A person is also entitled not to confess any of the existing religions, do not count itself to any religious communities.

The empirite to choose a religion or not to choose him at all is a kind of personal and spiritual freedom. The realization of the right to freely choose for itself, in fact, the system of moral and moral values \u200b\u200band is equally free to act in accordance with the selected worldview is one of the tools of the human spiritual development.

The relevant article of the Constitution of the Russian Federation (namely, Article 28), regulating the right to freedom of conscience and religion, contains several significant concepts.

Note 13.

"Freedom" and "conscience" - concepts that are often perceived in the context of the chosen religion or a refusal of any of them (atheism). Meanwhile, although conscience and stands at the head of the angle of moral postulates of religion, the content of these concepts is significantly wider.

The conscience is the property of the mind, the quality of the soul, with which everyone has from birth from birth and which relies, defining for itself the borders of good and evil. The secular state, which is Russia, provides its citizens the right to independently form the system "good" - "bad", to establish moral guidelines, based on religious beliefs, or on the generally accepted criteria of morality. In such a context, it can be said that the Constitution of the Russian Federation establishes (thereby recognizes) the right of the existence of a variety of principles and beliefs regarding all spheres of human life: politicians, culture, ideology, religion, science, etc. Thus, freedom of conscience becomes a concept identical Freedom of conviction.

In the narrow sense, as noted above, the freedom to adhere to the postulates of any faith. The need for such a interpretation of freedom of conscience - the historically established need: representatives of many diverse denominations are found on the extensive territory of Russia.

As mentioned above, a person has the right to confess the conviction alone or, interacting with other people; determine their own degree of need to enter into relevant religious community / organizations; Conduct specific actions according to preached principles. It can be rites, ceremony, and here also include the broadcasting of beliefs outside, the spread of them through the media; Activities as a missionary; charity; Education and training in the spirit of concrete religion; pilgrimage, etc.

Freedom of religion also includes human rights not to deal with its opinion on one or another religion; Do not test pressure and coercion regarding the point of view on one religion; Independently make a decision on participation or non-participation in rites, ceremonies, worship. In particular, there is a legislative ban on the participation of minors in the activities of religious associations and the training of young funds of religion forced and / or in the absence of the consent of parents or legal representatives.

Citizens of foreign countries and persons who do not have citizenship in Russia can also implement the right to freedom of conscience and religion, but will have to be responsible to the law of the country in case of violation of the legislation.

The right to receive qualified legal assistance

It is obvious that the implementation of the empower to apply to the relevant authorities for the protection of rights and freedoms can only be carried out with a support for special legal training, the provision of procedural regulations and knowledge of laws, and therefore citizens can count on the help of lawyers working on the basis of legal advice. Legal help for citizens can be: explanations on specific legal issues, preparation of applications, petitions and other legal documents, representation of interests in ships and other bodies, the protection of victims, plaintiffs or respondents, etc. Legislative norms establish cases in which legal assistance is free .

Right to the presumption of innocence

In simple language, this right means that no one can be considered guilty until his fault is proven. The elements of this empower are the following statements:

  • any wine must be proven in accordance with the procedure established by law, approved by the corresponding court sentence and its entry into force: up to this point the accused is recognized as innocent;
  • the accused does not impose an obligation to prove its innocence;
  • in the event of a doubt about the guilt and the impossibility of them to eliminate the interpretation should take place in favor of the accused.

At the presumption of innocence, persons against which accusations were made, with any structures and other persons (other citizens, government agencies and their representatives, etc.) should be built. Initially, the principle of presumption of innocence arose in the criminal procedure, but it should be applied in a broader sense. Not only officials representing criminal proceedingsBut everyone who comes into cooperation with the person against whom the accusation is launched, should treat him as an innocent, whether questions of labor, property or any other nature. If, in relation to this person, the court issued an acquittal sentence, no one has the right to continue to question his innocence. The law also establishes that it is unacceptable to continue to be considered a guilty person relative to which the court issued a decision on the termination of the criminal case due to the prescription, amnesty, pardon and other, established by law.

Note 14.

All of the above is equally related to both the accused (a person attracted as the accused) and a suspect (a person who is detained on suspicion of committing criminal acts).

The constituent legal element of the presumption of innocence is to remove the obligation from the accused to provide evidence of its innocence and the imposition of this task on representatives of the relevant authorities (the prosecutor, the investigator, and in certain situations - the victim). Situations where authorities responsible for the proceedings violate the procedure for fulfilling their duties in accordance with the law (for example, forced the accused to prove their innocence), can lead to an exclusive sentence, the closure of a criminal case, the abolition of the prosecution, the use of legal measures to impact relatively violated procedure.

At the same time, the fact that the accused is released from the need to provide evidence of its innocence, does not exclude the possibility (rights) for him to personally take part in the process of proof. The accused is entitled to testify, to present the relevant documentary or evidence, Submit petitions about their attachment and measures to determine additional evidence.

In the case of unreasurable doubts about the guilt of the accused, their interpretation should occur in favor of the accused.

Definition 1.

Signless doubts are subject to such situations where all tools for collecting evidence are used, and none of them can help make an unambiguous final conclusion, the accused is guilty or not.

The right to defense against crime and compensation for damage

The Constitution of the Russian Federation states that the state is obliged to protect the rights of victims, to provide them with the opportunity to resort to assistance to justice and receive compensation for damage.

To fulfill the function of protection against the crime, the state implements a specially developed set of law enforcement measures of a preventive nature.

The right to defense against power abuse and compensation for harm

This empirly is systemic: on the one hand, the victims have the right to expect to protect against the authorities; On the other hand, each person has the right to demand compensation for an already accomplished fact of causing damage as a result of illegal, exceeding the powers of the actions (inaction) of state authorities.

The principles formed in the Constitution of the Russian Federation regarding the question under consideration allow to allocate the following statements:

  • the ultimate responsibility for the actions (inaction) of state bodies (their representatives) is borne by the state;
  • to compensation for damage obtained as a result of illegal actions (inaction) of state bodies (representatives), has the right to calculate any person in independence from its sexual, nationality, age, social status and other signs and features;
  • reimbursement should be in full: the Constitution of the Russian Federation does not establish otherwise;
  • the state should provide damage to independence from the presence or absence of an intentional intention or other form of guilt in actions (inaction) of the state body (its representatives).

The procedure for compensation, the list of appropriate grounds and conditions is contained in civil law. Directly compensation for harm is due to the funds of the structural state unit, which is recognized as responsible for the commission of illegal actions (inaction): the state itself, the subject of the Russian Federation or the relevant municipality.

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