Personal rights and freedoms of the individual are called upon to ensure the autonomy of the individual - a member of society, his legal protection from any external illegal interference. These categories are clearly defined in the law.
Personal rights and freedoms: concept
These categories represent the possibilities of people protecting them from unwanted and illegal interference in their life, inner world. They are called upon to ensure the autonomy, existence, and originality of each individual. The organic content of personal rights and freedoms, their main purpose, is to strengthen the priority of their own, internal guidelines for the formation and development of people. This category is distinguished by the fact that the state recognizes it in a particular sphere of relations, given at the discretion of the individual. She cannot become the object of the claims of power. Personal rights and freedoms of citizens are considered an attribute of each individual. They are necessary to ensure the protection of the space of private interests, guarantee the possibility of self-realization and self-determination.
Development features
At various stages of their formation, the personal rights and freedoms of the Russian Federation were intended to protect people from unjustified state invasion in the sphere of their interests. However, over time, to achieve this goal, the passive obligation of the authorities to refrain from interference has become insufficient. There is a need to promote the realization of freedoms and human rights. This meant that the establishment of direct prohibitions protecting the zone of one’s own interests and private life from arbitrary, legally unjustified attempts to infringe, on the part of the authorities, was also small. Active state action is required to realize freedoms and rights. This position has become very popular in the 2nd half of the twentieth century. She found her expression, in particular, in the decisions of the European Court.
Kinds
Basic personal rights and freedoms are enshrined in law. It reflects not only the main interests of the individual. The law clearly describes each category. The main ones include the right to life and personal dignity, inviolability, and freedom of conscience. According to the law, an individual has the opportunity to independently choose his place of residence, communication language, movement, nationality. Personal rights and freedoms extend to the private life of the individual, his home. In fact, this block covers the basic aspects, expresses the humanistic principles of any society with a democratic structure. The law also established political rights and human freedom.
Key Features
All rights that belong to a person are equally considered personal. However, in the narrow sense, the category of "individual" includes only part of the possibilities. It is designed to protect the freedoms and life of every person. This category includes the ability of an individual to choose a place of residence, to receive protection of his honor and dignity. This also includes freedom of conscience, the right to respect, and integrity. The latter, for example, is disclosed in the definition of special conditions under which a restriction or deprivation of this opportunity can be used.
In particular, they include the establishment of the strictest ban on violence, torture, cruel and degrading treatment, and it is also expressed in the voluntariness of scientific, medical and other experiments on people and the implementation of presumption of innocence. The latter means that the accused is not found guilty before his crime is proved. In this case, three categories interact: personal rights, freedoms, and duties. The accused must not, for example, prove his guilt. Moreover, in order to preserve freedom or mitigate punishment, he is obliged to tell the truth. Fatal doubts about the presence of his guilt are considered in his favor. Evidence obtained in an unlawful manner is recognized as null and void. In this regard, personal rights and freedoms are considered the most significant in comparison with others.
Higher Value Category
The main law of the state formulates personal rights and freedoms. The Constitution considers a member of society, his individual space as the highest value. Articles of the Law more fully disclose personal rights and freedoms. They declare their attitude to the interaction of the state and the individual, putting the latter in the foreground. Protection and respect for the individual are considered an integral attribute of the legal, constitutional system, its duty - as indicated in Art. 2 of the Law. The established fundamental provisions that are related to the attitude of the authorities towards the individual act as a prerequisite for solving a number of specific tasks. This primarily relates to the problems of legal regulation of the status of a citizen and an individual in Russia.
Specificity
For the most part, personal constitutional rights and freedoms are closely interconnected with the recognition of the individual as the highest value. It is not only reflected in these categories, but together with them stands to protect their own interests and capabilities of people. The principle of recognition of the individual as the highest value acts as a sufficiently definite guideline for improving the system, including personal rights and freedoms of a person in a democratic society, as well as overcoming various excesses and difficulties on this path.
This connection is that if in Art. Section 2 sets forth the interaction of the state and the individual from the "negative" side - from the point of view of a probable violation - and provides only for the object of protection, then the provisions of the Law on certain categories are formulated from a positive position. For example, article 22 indicates that every individual has the right to personal integrity and freedom. This relationship is also found in the fact that a legal norm that indicates the object of protection is presented as the first step to concretizing the position of a person in society and the state itself, in relation to a specific situation or sphere of life. It makes it possible to take the next step, expressed in the constitutional consolidation of the principle of equality.
Popular sovereignty
It is the foundation of a constitutional state. The holder of sovereignty - in this case, the people - consists of people from whom, in the end, power emanates. Within the framework of the constitutional system, the people are a democratic community. It consciously focuses on the protection of the individual as the highest value. In this people see their duty.
This orientation allows us to avoid the consequences that may result in a deliberate exaggeration of the power of the state and the collective - the dominance of the totalitarian system. A nation that is incapable of permanently or unwilling to recognize the value of each individual and act in accordance with this provision cannot organize into a truly democratic community, even with the use of different legal instruments. From this we can conclude that the authority of the state is secondary in nature.
Security
If the state encroaches on the personal rights and freedoms of individuals, the task of a democratic society is to ensure the inviolability of each of its members. Moreover, the protection of people from the encroachments of society should be provided by the authorities.In the latter case, we are talking about a variety of groups enjoying political influence, capable of encroaching on the freedoms and rights of members of society.
Providing protection requires giving the state the appropriate capabilities and authority in the event of a probable violation in everyday life. At the same time, the government itself must take active steps and apply various norms of procedural and substantive law. As one of the measures may increase the effectiveness of judicial protection. At the same time, it is impossible to preserve the personal rights and freedoms of individuals without the efforts of the state in the spiritual and material spheres. In this case, we are talking about providing people with a living wage, about the development of social structures, culture, school education, health care.
Features of legal consolidation
The legal status of an individual includes a complex of freedoms and rights of an individual and citizen. They are reflected in the regulations of all areas of existing legislation. The foundations of the individual’s legal status include the interests and opportunities of the individual enshrined in the main law of the country. Meanwhile, this category is a small part of common rights and freedoms. The reasons according to which some opportunities are provided by the main Law of the state, others by current regulatory acts, are involuntary. 
The choice of one or another level of legal documents may be due to:
- The significance of specific law and constitutional freedom for society and man in particular.
- The derivative or initial nature of the individual belonging to one or another opportunity. In accordance with the Constitution, an individual has civil personal rights and freedoms from birth. It is these categories that are enshrined in law.
- The specific legal properties that basic personal rights and freedoms possess, as well as the features of their implementation.
Relevance
The Constitution enshrines only those freedoms and rights that are of vital importance and the greatest degree of social significance for a particular individual, and for the state and society as a whole. For people, they act as a worthy and unlimited existence, a natural opportunity to participate in solving issues of governance and organization of the society of which they are a member.
In addition, this category is considered a social and economic prerequisite for satisfying vital spiritual and material needs. As for the state and social structure, for them the significance of freedoms and rights enshrined in the Constitution is expressed in the fact that it is their realization that means the realization of the essence of a democratic and legal regime. The existence of the state and society provides the combined activity of people in different spheres of life. First of all, it is a political, spiritual, economic field. Without the realization of the right to freedom of enterprise, for example, the creation of an appropriate business environment would not have been possible; without the provision of electoral opportunities, management structures of the company could not have been formed.
Legal properties and implementation specifics
The main categories form the core of the legal status of the individual, are the foundation of other freedoms and rights, which are enshrined in other regulatory acts. So, all the possibilities arising from the Labor Code are based on the relevant provisions of the main Law of the country. Fundamental freedoms and rights are addressed to a wide range of individuals. Other categories established by other regulations are associated with the individual having different statuses: homeowners, employees and workers, employers, plaintiffs, buyers, etc.
Fundamental freedoms and rights are universal. For all people living in the state, they are equal and united without exception.Recognizing this or that law as the basic, the power proceeds from the possibility of its realization by all. Associated with this circumstance is the process of expanding the main categories in the course of the formation of the corresponding economic and social prerequisites. Fundamental freedoms and rights differ from others in the principles of occurrence and the specific implementation mechanism. These categories are considered the prerequisites for any legal interaction in a certain field, the permanent, inherent capabilities of each participant in such relations. All other freedoms and rights may act as the property of a citizen and an individual in the exercise of legal capacity through participation in specific relationships.
The main categories have a special legal form of consolidation. They are fixed in a normative state act, which has the highest legal force, - in the Constitution. They are also endowed with increased legal protection. Constitutional norms cannot be changed within the framework of the current legislation without adopting a new one. Individuals may appeal to the appropriate authority with complaints of violation, restriction or prohibition of exercising their capabilities. It is the Constitutional Court. Through complaints, the force of the law to be implemented or already applied can be verified in the event that the main categories of opportunities for people were directly affected. All these properties act as a characteristic of the fundamental freedoms and rights of the individual and citizen.
Difference Definitions
The difference between the concepts of "freedom" and "law" is relatively arbitrary. Both the first and second definition denote legally recognized the possibility of each election of a measure and the type of its behavior. Moreover, the concept of "freedom" is associated to a greater extent with the powers of the individual. They outline the sphere of independence, protect against invasion of its inner world. The concept of "law" implies to a greater extent those or other positive actions, activity and services of the state or the power of an individual to participate in the activities of any public, economic and other structures.
Classification
Chapter 2 of the Constitution contains 48 articles. Most of them reflect the specific capabilities of the individual. All of them represent a specific system. It has a logical base and reflects the specifics of the rights and freedoms themselves, as well as those areas of life with which they come into contact. In accordance with this, it is customary to classify all categories into 3 groups. In particular, they distinguish socio-economic, individual and political rights and freedoms. Moreover, the system of basic categories differs not only in the presence of classification, but also in a special arrangement. It is established by the Constitution.
This fact is not of technical importance. It reflects the current concept of the legal status of a person, which adheres to state power. In the existing main Law, the list of categories is distributed in accordance with a special sequence. So, first of all, individual, then political, and finally, socio-economic freedoms and rights are indicated. The list of categories in the Universal Declaration is similarly compiled. It is adopted by the UN General Assembly. In the legislation of Russia, this structure was first reproduced in the Declaration of Freedoms and Rights, which was approved in 1991, November 22. Subsequently, it was reflected in the Constitution of the country. In all previous major Laws, the distribution structure was somewhat different. First of all, socio-economic, then political, and finally, individual freedoms and rights were consolidated. This pointed to a different system of priorities.
