A state guarantee is an obligation of the state to its citizens or legal entities, which involves the provision of tangible, and, in addition, intangible benefits in accordance with standards and generally recognized norms of international law. Later in the article we will consider many aspects related to this concept.
State guarantees
Warranties under consideration are variations of government services. According to Article of the Budget Code No. 115, a state guarantee can be provided to ensure obligations that have already arisen. Or those that may appear in the future.
The key conditions for providing state guarantees are the following principles:
- Free issuance.
- Providing guarantees in foreign currency.
- Free implementation of all procedures related to the preparation of the necessary documentation for their receipt.
- As a rule, they can cover from 85 to 95 percent of the transaction amount.
- Provide warranties for up to twenty years.
- Products must comply with the list, which was approved by order of the Government of Russia in 2004.
The state guarantee, among other things, acts as a constitutional measure.
Who is preferred
As a rule, state guarantees provide in favor of:
- Domestic as well as foreign banking creditor institutions.
- Russian exporters.
State guarantees are intended to cover payment obligations:
- Foreign countries on attracted loans that were issued on the basis of sovereign guarantees. In addition, on the basis of direct contracts in the procurement of domestic industrial products.
- Foreign enterprises that are importers of Russian industrial products on the basis of contracts. The obligations are covered by loans attracted for these purposes.
- Banking institutions of countries that are importers of loans attracted by them. The guarantees provided for transactions with domestic exporters are also taken into account.
- Domestic exporters on loans that were attracted for the procedure for financing export contracts.
Constitutional obligations
Under these guarantees, it is assumed that the rights and freedoms of man and citizen are realized. Everything related to constitutional rights and freedoms is the direct responsibility of the state. Constitutional guarantees are inherently a duty.
Quite often in society the expression “material guarantees” is used. It is understood as a combination of political as well as economic conditions that make rights real. As for the science of constitutional law, it studies mainly legal obligations, that is, those that imply laws on state guarantees and other regulatory sources. In any case, the constitution is the foundation of many state systems.
Protection of freedoms as a direct duty of the state
The Constitution guarantees the rights and freedoms of man and citizen. Such a general rule implies the obligation of the state, through various legal means, to protect the rights by regulating them. The guarantee of freedom is the president of Russia.Obligations of the state to citizens to implement measures and ensure rights are included in the list of powers of the government. This function represents the main task of the judicial system. Thus, in guaranteeing freedoms, as well as rights, the entire state mechanism and authorities participate.
Social guarantees
This type of guaranteed obligations is a combination of socio-economic, political and other constitutional rights of every citizen. This includes the right to rest, state guarantees for education, medical care, employment with a special protection mechanism, etc. The process of implementing programs of this kind is the care of citizens who find themselves in certain circumstances.
But where do the funds come from? The sources of financing social guarantees are the state budget, as well as the budgets of local authorities.
Self-defense of freedoms and rights of citizens as one of the constitutional guarantees
Along with state guarantee programs related to ensuring freedoms, a citizen has the opportunity to independently protect his interests by any means that are not prohibited by law. Means of self-defense are very diverse and require the following measures:
- The procedure for appealing against the actions of officials.
- Ability to contact the media.
- Appeal to human rights organizations, and, in addition, to public associations, for example, to trade unions and others.
- Citizens have the right to defend their rights with weapons.
Federal Law "On Weapons"
According to the Federal Law of December 13, 1996 N 150-ФЗ (as amended on July 29, 2017), citizens have the opportunity to obtain certain types of firearms, for example, hunting rifles, gas pistols, and so on. The law gives the right to receive, as well as the use of firearms in order to protect health and life or property within a reasonable and necessary defense.
It is important to note that this right is subject to quite a few restrictions. For example, weapons cannot be used against women or persons with disabilities and minors, unless they commit a group or armed attack. All situations involving the use of weapons that result in bodily harm must be reported to the internal affairs service. In addition, the right to purchase weapons is accompanied by certain conditions.
Judicial protection of citizens
The Russian constitution guarantees judicial protection of the rights and freedoms of citizens. This type of protection is the most effective and accessible to absolutely everyone, since in court you can appeal any decisions, and, in addition, the actions of authorities and officials. The objects of appeal may be laws and decrees of the resident along with government decrees and so on. Thus, the court oversees the rule of law within the country. The priority of citizens' rights over various actions by the state is also ensured.
Providing international protection for citizens
The country's constitution provides each citizen with the right to appeal to interstate bodies. This right is fixed by the presence of international treaties of the country and is used if all existing methods of legal protection have been exhausted. Thus, a complaint can be filed after a refusal to a citizen in all judicial instances of Russia.
A complaint can be filed with the Human Rights Committee, which was established under international civil rights covenants. The fact of Russia's accession to the protocol of this pact provides the conditions for each person to exercise his constitutional rights to appeal to this body. The committee accepts complaints if they are not anonymous and do not constitute an abuse of the right to file a complaint.The Committee checks whether the issue is being considered in another process of international proceedings, and, moreover, it is established whether the person has exhausted all available legal remedies in his country.
The procedure for protecting violated rights is that the complaint is brought to the attention of the relevant state, which, in turn, undertakes to submit a written explanation or statement to the Committee within six months that will clarify the issue of interest, as well as notify the measures taken if they had any place to be. Thus, the Committee does not have the right to make binding decisions, but publishes annual reports on the fact of consideration of complaints. It should be said that this carries negative moral and political consequences for the country in which the rights of a citizen were violated.
Another form of international protection is represented by the European Court of Citizens' Rights, which was established in 1959. This court consists of a number of judges equal to the number of members of the Council of Europe. This body sets its own regulations. Its jurisdiction, as a rule, covers cases that are related to the interpretation and application of the Convention, but only in relation to those states that have recognized it as binding on themselves. The composition of this court includes representatives from the Russian Federation.
Appeal to this authority has the right to file both the state and an ordinary individual. It must be emphasized that the appeal is submitted only when absolutely all internal means have been exhausted to resolve the dispute. The court, whose composition is approved for each such appeal separately, is final, and the states are obliged to fully obey it. In respect of the victim, violations of rights may award just satisfaction.
Indemnification
Violation of citizens' rights can often be accompanied by harm. Constitutional guarantees in such situations consist not only in restoring the right by ensuring its implementation, but also in reimbursing the person for moral and material harm. According to article of the Constitution No. 53, every citizen has the right to compensation for harm by the state, which was caused by unlawful measures of the authorities or their officials.
Compensation for harm is regulated by civil law. Compensation is necessary for damage that has been caused to a citizen in the following situations:
- Unlawful prosecution of a person.
- Illegal conviction.
- Illegal detention or taking a recognizance not to leave the place of residence.
- Illegal imposition of an administrative penalty in the form of arrest or appointment of correctional labor.
In such cases, liability should not be borne directly by the perpetrators of the deed, but by the relevant authorities. Further, in their favor then the damage is compensated by the same officials. The amount of compensation is established by the court, which also has the right to determine the compensation for non-pecuniary damage that has been caused to a person.
The irrevocability of the freedoms and rights of citizens
A citizen can be completely sure of the stability of his rights only when the authorities are deprived of the opportunity to pass laws that could abrogate or diminish people's freedoms. In this regard, the Constitution states that laws that can abrogate or diminish the rights and freedoms of citizens of Russia should not be passed in any way. This existing norm guarantees the inviolability of rights and serves as a constant reminder to the legislature that any cancellation or revision of freedoms requires the convening of a constitutional council.
At the same time, the Constitution allows for the possibility of limiting the rights and freedoms of people.It is important to understand that any restrictions do not mean the abolition or diminution of rights and are implemented only to the extent that it is required in accordance with the goals strictly established by the Constitution.
Age restrictions
The Russian Constitution establishes that citizens can fully exercise their rights and obligations, starting from eighteen years old independently. The key word in this regard is the word independently and the phrase in full. Do not forget that citizens have their constitutional rights at an earlier age. However, the implementation of state guarantees in this case occurs through legal representatives.
What is a child entitled to? This question interests many.
The International Covenant on Civil Liberties gives every child the right to protection measures, state guarantees of medical care, education, and, in addition, to instant registration after birth and in his personal name. Every child has the right to acquire citizenship. These norms are not reflected in the Constitution of our country, but, in essence, they can be equated with the relevant norms.