Legal regulation of the rights, freedoms and duties of a person and a citizen in the Russian Federation

The right to life (Article 20 of the Constitution of the Russian Federation) forms the fundamental basis of all other rights and freedoms that develop in this area.

The right to life can be considered in two senses: objective and subjective. In an objective sense, this right is a set of legal norms that regulate the relevant social relations. In turn, in the subjective sense, the right to life should be considered as a measure of the freedom of an individual, arising from human nature, to determine in his own interests his own behavior in preserving and disposing of life, and also to demand certain behavior from third parties or abstain from it.[16]

The right to dignity is the fundamental goal of all other human rights. In this sense, human dignity is the source of his rights and freedoms. Sections on human rights and freedoms in many modern Constitutions are opened by the concept of “human dignity”. Dignity is the recognition by society of the social value of the uniqueness of a particular person. In the constitution of the Russian Federation, Art. 21. Dignity can be moral, intellectual. No one may be subjected to torture, cruel treatment, or punishment. No one can be subjected to medical, scientific or other experiments without voluntary consent.

The right to inviolability of the person (Article 22 of the Constitution of the Russian Federation). A person has the right to perform any actions that do not contradict the law, and at the same time he should not be subject to restrictions. A person has the right to physical and spiritual integrity. Arrest, detention is allowed only by a court decision, and without it for no more than 48 hours.

The right to privacy, personal, family secrets, protection of one’s honor and good name. Each person has the right to know what information about him and his life is available in state bodies and to control this information. To collect information about the private life of a person, his consent is necessary, since it is quite possible to abuse the possession of this information. This rule applies to everyone. Each person also has the right to choose a circle of acquaintances, determine the nature and extent of communication with them, citizens have the right to secrecy of correspondence, telephone conversations, postal, telegraphic and other messages; institutions are obliged to keep this secret. Limitations of this right are allowed only by a court decision. To protect a good name, a judicial procedure has been established, including the right to compensation for moral damage.

The right to the inviolability of the home (Article 25 of the Constitution of the Russian Federation). Access to the dwelling of unauthorized persons is possible only with the express consent of the citizens living in it, since each person has the right to privacy in the premises occupied by him. In addition, there may be personal papers, things and things that may be related to the publicity of a person’s private life. In principle, the inviolability of the home is an integral part of private life. No one has the right to enter a dwelling against the will of the persons living in it, except in cases provided for by federal law, or on the basis of a court decision. The right to protection of the dwelling are persons who are its owners, tenants or living under a lease agreement.[17]

A person who believes that officials, or state bodies, or legal entities, or citizens have violated his right to the inviolability of his home, has the right to appeal against their actions. In this case, the victim may demand compensation for damage caused to life by illegal actions.

The right to move freely, choose the place of residence and residence (Article 27 of the Constitution of the Russian Federation). Freedom concerns the possibility of movement of a person both within the country, and his right to leave his country and return upon arriving at a new place of residence, a citizen must register with the police within 7 days, presenting a passport and a document that is the basis for moving in (order, contract). Travel abroad is carried out on foreign passports. Restrictions on its extradition are established by law and, in particular, a refusal can be obtained due to a person’s possession of information constituting a state secret.

Freedom of conscience, religion (Article 28 of the Constitution of the Russian Federation) means that everyone can freely act in accordance with their convictions. He has the right to act in accordance with existing religious and other beliefs, to act in accordance with them, the presence of religious beliefs is prohibited to be recorded in official questionnaires. The state does not interfere in the questions of determining a person’s attitude to religion.

Freedom of thought and speech (Article 29 of the Constitution of the Russian Federation). This article proclaims and guarantees spiritual, creative freedom – freedom of ideas, opinions, beliefs. A person’s thoughts, his convictions, opinions belong to the sphere of his inner life, into which no one can interfere without his consent. The Constitution, recognizing this freedom, establishes that no one can be forced to express his opinions and beliefs and to renounce them. Dissent, i.e. thoughts and opinions that run counter to the dominant ideology are not punished. Censorship is prohibited.

The right to information (Article 29 of the Constitution of the Russian Federation) implies the obligation of authorities and local self-government to provide everyone with the opportunity to familiarize themselves with documents, materials that directly affect their rights and freedom, unless otherwise provided by law (state secret).

Political rights and freedoms. These rights can be exercised both individually and jointly with other people. A distinctive feature of political rights from personal ones is that many of the former belong exclusively to citizens of the Russian Federation. Basic political rights come into effect immediately from the moment a citizen of the Russian Federation reaches the age of majority. This is directly expressed in Article 60 of the Constitution of the Russian Federation, which states that:

A citizen of the Russian Federation can independently exercise his rights and obligations in full from the age of 18.

It is from the achievement of the 18th anniversary of a citizen that the full capacity of a citizen is established. Legal capacity – the legal ability to create or change rights and obligations by one’s actions. This is the difference from legal capacity, which is inherent in a person from birth and is an integral part of the legal status of a person. Having reached the age of majority, a citizen of the Russian Federation exercises rights in all areas of political, economic and personal life and is responsible for the results of his actions.[18]

Unlike personal rights, which belong to everyone from birth, political rights are associated with the possession of citizenship, i.e. political and legal connection of a person with a certain state, in particular with Russia. They are in principle inalienable (although there are exceptions) and natural, just as natural is the right of the people, and therefore of every citizen in a democratic society, to be the bearer of sovereignty. Political rights express the freedom of citizens to form bodies of state power and self-government and to participate in their activities. The most important of these rights are the following: The right to participate in the management of state affairs (Article 32 of the Constitution of the Russian Federation). The exercise of this right can be expressed in various forms: directly or through its representatives.

The same article lists a number of rights specifying the above. These include: the right of citizens to elect their representatives to public authorities and the right to be elected to these bodies, the right to participate in a referendum. The right to elect includes the ability to make a decision on the formation of these bodies, officials and citizens. Giving preference to the program of one party or another, an independent candidate, voters determine the direction of senior officials. The right to be elected means the opportunity to carry out political activities as part of public authorities. It is associated with the possession of the personality of the candidate by certain professional and moral virtues recognized by the voters. Every citizen has the right of equal access to public service without any restrictions. What matters is skill and training. Citizens have the right to participate in the administration of justice (to be a judge, a juror, and, finally, the right to appeal personally, as well as to send individual and collective appeals to state bodies, local self-government bodies, is constitutionally enshrined).

The right of Russian citizens to hold public events is a fundamental (constitutional) right.[19]

The right to association (Article 30 of the Constitution of the Russian Federation). We are talking about the creation and participation in trade unions, political parties and other public organizations. This right gives citizens the opportunity to join forces for organized social activities. Public associations allow expressing the interests of the social strata and bringing them to the attention of the authorities, as well as satisfying various needs. Joining a public association is a voluntary matter, but by joining it, a citizen has all the rights and bears the obligations provided for in the charter of this association, you can be a member of several associations. Public associations are provided with opportunities to participate in the development of decisions of authorities, they can take initiatives to protect the interests of their members. The most significant form of influence of public associations is their participation in election campaigns.

The right to rallies, demonstrations, marches, pickets (Article 31 of the Constitution of the Russian Federation). Peaceful public events and meetings make it possible to publicly express the demands and interests of citizens, to exercise freedom of thought and speech. The use of this right shall not be subject to any restrictions other than those established by law in the interests of state and public security, public order, protection of health, morals of the population and protection of the rights and freedoms of others. It is possible to gather only after notifying the relevant executive authorities in advance. Events can only be held without weapons. It is prohibited to use this right to forcibly change the constitutional order, incite racial, national, class, religious hatred, propaganda of violence and war.

Economic rights and freedoms are basically connected with the right of ownership, they cover the freedom of human activity in the sphere of production, exchange, distribution of goods and services. This is the right to private property (including land), the right to entrepreneurial activity.

The right of private property underlies entrepreneurial activity and presupposes the right of an individual to create economic enterprises himself. Enterprises created by a group of persons that have received the status of a legal entity are also private property; everyone can have any movable and immovable property related to the means of production and consumer goods on the right of private ownership. No one may be deprived of his property except by a court decision.

Compliance with the Constitution and laws is the most important duty incumbent on citizens, as stated in Part 2 of Art. 15 of the Constitution of Russia. In fact, it also applies to persons who are not citizens of the Russian Federation, since one cannot allow someone living in the country to have the privilege of not complying with the laws in force in this country. Compliance with the Constitution and laws is a universal rule that knows no exceptions. This constitutional duty should not be limited only by the Constitution of the Russian Federation and the actual legislative acts. It contains a broader content, which can be defined as law-abiding. And this means that citizens are also obliged to comply with by-laws, constitutions and laws of the subjects of the Federation, acts of local self-government. In essence, we are talking about compliance with the current Russian legislation, which includes acts not only of the highest legal force.[20]

Part 3 Art. 17 of the Constitution establishes that the exercise of human and civil rights and freedoms must not violate the rights and freedoms of other persons. Respect for the rights of others requires a developed sense of justice and restraining moral principles in a person, especially when the rights of another person turn out to be an obstacle to the realization of their own desires, even legal ones. The selfish realization of one’s rights at the expense of the rights of others is a simultaneous violation of the norms of both law and morality; this is the path to conflicts between people and the establishment of the kingdom of the right of the strong. The Constitution offers the only possible way to avoid this – the duty enshrined in it introduces human passions and ambitions into the mainstream of conscious self-regulation and a reasonable balance of one’s own and others’ rights.

In hours 2 and 3 of Art. 38 of the Constitution of the Russian Federation enshrines two constitutional duties of citizens. First, parents are obliged to take care of their children and their upbringing. Secondly, able-bodied children who have reached the age of 18 must take care of disabled parents. These obligations of citizens reflect the personal responsibility of each person for the fate of their parents and children, when they are already or not yet able to provide for their vital needs. Along with the legal consolidation of the highly moral content of these constitutional prescriptions, the state provides for the corresponding obligations of citizens, in particular material support. Civil and family law regulates legal relations arising from the constitutional obligations under consideration, ensuring the protection of their respective rights.

The Constitution imposes on every citizen the obligation to receive a basic general education, and on parents or persons replacing them, the obligation to ensure that their children receive this education (part 4 of article 43). Naturally, children cannot be held responsible for violating this obligation, and it is also difficult to imagine what their responsibility may be in adulthood, especially since the requirement of the obligation of basic general education remains in force until the adolescent reaches 15 years of age. The only consequence for an uneducated person is the impossibility of entering a higher educational institution without a matriculation certificate and occupying a number of positions. The establishment of the obligation of parents is more specific, but here, too, the violation of the obligation, unfortunately, does not entail any liability. Consequently, the legal meaning of these obligations is small, it comes down to a reasonable reminder to people of the need for their children to receive a basic general education, without which their life adaptation will be difficult.

Everyone is obliged to take care of the preservation of historical and cultural heritage, to protect historical and cultural monuments (Part 3, Article 44 of the Constitution). This constitutional obligation is aimed at preserving the material and spiritual values of the multinational people of Russia and developing their culture.

Everyone is obliged to pay legally established taxes and fees (Article 57 of the Constitution of the Russian Federation). This is an elementary requirement for a person and a citizen who lives in society and enjoys the benefits of state activities. With the help of taxes, the state ensures the defense capability and security of citizens, develops the economy, education, science, and healthcare in the interests of the whole society. However, the obligation to pay taxes and fees on time and in full is combined with certain rights of taxpayers established by law (to get acquainted with the materials of inspections, appeal against decisions of tax inspectorates, etc.). The Constitution adds to this that laws that impose new taxes or worsen the situation of taxpayers do not have retroactive effect.

For the survival of mankind, there is no greater danger than the destruction of nature, pollution of the air, land and water. Preservation of the environment is recognized by the world community as the primary task and duty of not only every state, but also every person on the planet. The Constitution of the Russian Federation states: “Everyone is obliged to preserve nature and the environment, to take care of natural resources” (Article 58). The constitutional obligation is specified in a number of legislative acts. Property, administrative and criminal liability is established for violation of environmental legislation.

The Constitution of the Russian Federation declares the defense of the Fatherland “the duty and obligation of a citizen of the Russian Federation” (Article 59). In this case, a legal obligation is combined with a moral category (duty), thereby forming an immutable law of civil behavior. But defending the Fatherland and performing military service are not the same thing. The defense of the Fatherland implies the obligation of every citizen liable for military service to “stand up under the gun” in the event of aggression against Russia, an official declaration of war and general mobilization. The obligation to defend the Fatherland does not apply to citizens if the military formations of the Armed Forces of the Russian Federation in which they serve are sent outside the territory of the Russian Federation to participate in peacekeeping activities. All male citizens between the ages of 18 and 27 who are not eligible for exemption or deferment from conscription are called up for military service. It provides for the possibility of entering men and women for military service under the contract.[21]

Alternative service may be carried out in medical and other institutions, on which a federal law must be passed. The absence of a law that would determine the conditions and procedure for replacing military service with alternative civilian service creates obstacles to the full exercise by citizens of their constitutional rights, primarily in relation to cases that, according to Part 3 of Art. 59 of the Constitution of the Russian Federation should be established in it.

Be First to Comment

Leave a Reply

Your email address will not be published.