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Violation of human rights in Russia and in the world. Violation of constitutional human rights: examples

The Constitution provides for the full freedoms and rights of a citizen and a person, the inherent and inadmissibility of their infringement. This guarantee is based on the recognition of the individual as the highest value. In the Russian Federation, the publication of laws that entail a violation of human rights is prohibited. In the world, guarantees are provided by international declarations and treaties. These rules apply to by-laws. Let us further consider how the violation of constitutional human rights is manifested. Case studies will also be described in the article. violation of an individual's rights

General concepts

A citizen whose freedoms and rights have been violated has the right to file a complaint with the Constitutional Court. In this case, it is necessary to accurately determine whether there has been an infringement, or a limitation in reality. The complaint will not be accepted if the applicant does not indicate in his appeal what exactly the violation of human rights was expressed in. In Russia, the legislation clarifies the concepts in question. There is also a list of cases in which a citizen may demand protection. Violation of constitutional human rights is manifested in the inaction or action of authorities and government representatives. Such behavior is expressed in creating obstacles to the normal course of life of a person, non-compliance with the norms of the Basic Law. violation of constitutional human rights

Verification of regulations

The court, considering the conformity of a normative act to the Basic Law, always indicates what exactly the violation of human rights was expressed in. Thus, a number of provisions of the Criminal Code were found to be contrary to the Fundamentals. For example, this touched on the provisions of the Criminal Code, according to which, material evidence in the form of objects, due to its cumbersome nature and for other reasons, cannot be contained in the case, including goods in large quantities, the storage of which is complicated or the costs are commensurate with their value.

They are transferred on the basis of a decision of a judge, investigator or inquiry officer for implementation. In fact, the owner was deprived of his property. The Constitutional Court noted that the law allows for seizure without a court order. However, in this case, this should be a temporary measure, not leading to the deprivation of the right to property and involving subsequent control. The case considered is an alienation of property taken as material evidence. Such a measure is unacceptable without a court decision. violation of human rights in Russia

Arbitrage practice

In a number of cases, the applicants, referring to a violation of human rights, actually raise the question of expanding the scope of the contested provision in relation to themselves. So, in the appeal to the Constitutional Court on the Law governing liability for non-compliance Rules for using the Moscow Metro, the citizen claimed that the Moscow City Duma had invaded the powers of the Federal Assembly and established administrative responsibility for unpaid passage through checkpoints in the form of a warning or a fine.

As a result of this, as the applicant pointed out, there was a violation of human rights under a number of articles of the Basic Law. The SC refused to accept the complaint for consideration. The court, clarifying its determination, noted that the appeal did not indicate what exactly the violation of human rights was in the implementation of the norm establishing administrative responsibility for free passage through fences in the absence of appropriate benefits.Moreover, the list of articles cited by the citizen was arbitrary. The complaint, in essence, challenged the competence of the Moscow City Duma in the field of administrative law. human rights violation in the world

Legal restrictions

Today, interethnic, political, and social tensions are manifested quite sharply, not only within the Russian Federation, but also in the world. One of the global problems is terrorism. It has a transnational character, threatening stability on the planet. In addition, catastrophic and natural disasters have become more frequent. These circumstances force governments to introduce restrictions on freedom and human rights. They are aimed at the benefit of society in general and individual citizens in particular. Such restrictions cannot be regarded as a violation of human rights, their discrimination, or diminution. They are just a reduction in the scope of the opportunities provided according to the requirements of reality. Such restrictions are based on constitutional principles aimed at ensuring the optimal balance between public and individual interests, as well as on justice and are determined by objective reasons. violation of constitutional human rights examples

Norm of law

In accordance with Art. 55 of the Constitution, freedoms and rights may be limited by the Federal Law only to the extent that it is necessary to ensure the protection of the political system, health, life, morality, the interests of others, and the defense of the country. The existence of a certain framework is established according to the need to safeguard recognized values. In understanding the constitutionality of the existing restrictions, the clarification of the Constitutional Court of Article 55 in Part 3, the provisions of which establish the relevant criteria, is of particular importance.

Finally

Freedoms and rights of citizens cannot be unlimited. This is due to the fact that the individual lives in a society of people. They also have their rights and freedoms. The Basic Law enshrines the principle of mutual respect. Thus, along with freedom and rights, a person also has corresponding duties. Realization of opportunities by some people should not infringe on the interests of others. In case of violation of rights and infringement of the freedom of a citizen and a person, state power is obliged to assist in their restoration. The guarantee of the preservation of higher values ​​are those legal opportunities that are endowed with a disadvantaged individual. In particular, he may file a complaint with the Constitutional Court of the Russian Federation. The state, in turn, should hold offenders accountable, apply the appropriate measures provided for by law to them.


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