Such concepts as “democratic state”, “legal and constitutional system” have a fairly close relationship. In a way, we can even talk about a certain synonymy of these definitions. A democratic state cannot but be both legal and constitutional, and it meets its characteristics only if there is a well-formed structure of civil society. It should be noted at the same time that it will not be enough to simply proclaim a democracy. After all, this is also possible under a totalitarian regime. The main thing is to ensure and organize the activities of the state with appropriate legal institutions, which are real guarantees of democracy.
Rights and freedoms of citizens
They form the core of the constitutional order. It contains the norms that determine the interaction of the state and the individual. Freedom is a necessary condition for the realization of social human rights. The concept itself is used by people in everyday life quite often. The word "freedom" is used in the scientific and political sphere. At the same time, this element, despite its apparent simplicity, is quite complex for both understanding and practical implementation in the framework of social relations. History knows a lot of examples, very dramatic in content, when hundreds of thousands, millions of people were sacrificed in the name of the declaration of freedom. Its statement is almost always associated with resistance to oppression, a miserable existence, exploitation, and so on. In this regard, the majority people's freedom identifies with the immediate process of rejection of the past. In this case, the focus is mainly on the ideological rather than the legal aspect.
The situation in Soviet times
After the end of a long civil war, in 1922, the USSR was formed. In 1924, the first Constitution was adopted. The Basic Law of the RSFSR of 1918 was replaced by a document of 1925. The structure of the latter was formed on the basis of the Union Constitution. At the same time, the principles that were laid down in the Leninist edition of 1918 were preserved.
The turning point in the formation of Soviet state (constitutional) law occurred during the reign of Stalin. In his hands at that time enormous power was concentrated. He stated that socialism had triumphed in the USSR. In 1936, the new Basic Law of the country was adopted. This Constitution reflected this attitude. In accordance with the new document, in 1937 the Basic Law of the RSFSR was adopted. According to its provisions, electoral, social and political rights were proclaimed. In addition, equal grounds were established for representing the rural and urban population in the councils. At the same time, for the working class the advantages in this part were canceled. Nevertheless, the democratization of the political system was predominantly external. In 1977, a new Basic Law was adopted and on its basis - the Constitution of the RSFSR. These documents have brought some changes to the process of regulating the political and economic structures of society, as well as the legal status of the individual. The 1977 Constitution shows pronounced differences from previous editions. So, the chapter on the duties and rights of citizens was moved to the first part of the text. This emphasized the importance of these provisions in the new environment.Nevertheless, as before, many others, including political rights and freedoms of citizens, were provided solely to strengthen the socialist system and communism. Their implementation in practice in another direction was recognized as a violation of the law and involved certain severe penalties. It was, for example, anti-Soviet propaganda and agitation.
Restructuring
It began in the late 80s of the last century. The Basic Laws of the RSFSR 1978, 1988 and 1990 were amended several times. Many significant social changes were carried out with the help of decrees and other acts. Amendments were also made to the political rights and freedoms of citizens. So, on the basis of them the formation of parties was allowed, except for the existing one. In addition, relatively free media were created, ideological pluralism was allowed. Severe sentences and harsh sentences were no longer imposed for anti-Soviet statements. Subsequently, the relevant articles were completely excluded from the Basic Law.
New time
The Constitution of the Russian Federation adopted in 1993 enshrined human rights on the basis of general international legal principles. Opportunities of people were categorized as the highest value. Thanks to this, every citizen of the country has a fairly wide range of political and other freedoms and rights. This guarantees Art. 6 in paragraph 2 of the Constitution. According to this provision, every citizen of the Russian Federation located on the territory of the state has all freedoms and rights. People have equal responsibilities as provided for in the Basic Law. Unlike personal, inalienable by nature and belonging to everyone from birth, political rights of a person and citizen are associated with his belonging to the state. Nevertheless, there is a fairly close relationship between the two categories.
Socio-political rights: features
The Constitution clearly sets out the positions regarding the capabilities of the country's inhabitants. The Basic Law reflects the features that distinguish personal and political human rights. Simply put, the first is provided to everyone. Political rights can only have citizens of the country. However, this connection in the latter case does not mean that people's capabilities are secondary in nature and are derived from state will. They also act as natural rights every citizen in a democratic country. Given their nature, it is incorrect to consider them as provided and established by the state. The authorities also protect them, recognize and respect them.
General characteristic of the concept
Political rights and freedoms express the ability of the population to participate in various state processes and the exercise of state power. However, this criterion is considered somewhat general. It allows you to consider some personal rights as civil and political. Such categories, for example, include the ability to express an opinion, produce and disseminate information, receive it and others. The main criterion for separating political rights into a separate, relatively independent group is their relationship with citizenship.
Limitations
An important fact should be considered that, despite his inalienability and naturalness, a person who has reached 18 years of age can exercise his political rights and freedoms. This age indicates absolute legal capacity. Moreover, there are certain political human rights, the use of which is regulated by special legislative acts. So, you can only be elected to the State Duma from the age of 21, and from the age of 35 to the post of President. These restrictions are due to the fact that, in realizing their political rights, people must be aware and anticipate the consequences of their actions, have certain experience. Persons should understand the need to fulfill their obligations. Political rights are considered an essential condition for the realization of all other personal opportunities. They form the foundation of a democratic system and act as a means of control over power.
System structure
Citizens of the Russian Federation can independently realize and use their freedoms, rights and obligations in full from the age of 18. This age is called adulthood. The system governing the political rights of the Russian Federation consists of two branches. The first includes persons who are able to participate in the organization of activities of state and other bodies. In this case, the following political rights of citizens are meant:
- Hold a referendum.
- Participate in the administration of justice and government.
- Contact government agencies.
- Elect and be elected.
The second category includes competencies, which are inalienable civil rights, the purpose of which is expressed in the active participation of the individual in public life. It is, in particular, about:
- Opportunities to hold public events.
- The right to freedom of the press and speech.
- Opportunities to unite.
Participation in the elections
A person receives his suffrage from the moment of his majority. At the age of 18, an individual is considered to be completely competent. From this moment, he can exercise his political rights. Speaking about participation in the elections, it is necessary to note several important nuances. In particular, as mentioned above, there are certain restrictions on the ability of a citizen to be elected to state authorities and local self-government. She appears from the age of 18 or later with the acquisition of special rights (permanent residence on the territory of the Russian Federation immediately before the elections, the presence of citizenship). The restriction also applies to persons in custody at the time of the election, in respect of whom a lawful decision (determination, decision) of the judicial authority has been entered into force. At the same time, those under investigation who have not yet been convicted, who have not been found innocent or guilty of their deed, have full suffrage.
Appeal to bodies of state power and territorial self-government
This opportunity acts as one of the most important means of protecting civil liberties and rights. For the first time this provision was enshrined in the Basic Law of the USSR of 1977 and in the Constitution of the RSFSR of 1978. Citizens' appeals contain various information that does not coincide in the general direction of the information. They differ in legal nature and entail certain consequences. It is worth saying that the term "appeal" has a collective character. Its subtypes are complaints, statements, initiative proposals and others.
Ability to express your opinion
The procedure for exercising the right to freedom of speech and other forms of communication is regulated by the relevant law "On Mass Media". In accordance with it, prior approval (censorship) and a ban on the distribution of certain messages are not allowed. The founder of the media can be a citizen of the Russian Federation who has reached 18 years of age, has been permanently residing in the territory of the country, including no citizenship. In this case, the individual should not be in custody or in places of punishment by decision of the court, be insane.
According to the International Covenant on Political Rights, the ability to express one’s own opinion can have several limitations. This is due to the fact that the lack of certain control can adversely affect the state of society, leading to the destabilization of the state system. In accordance with the provisions of the Covenant on Civil (Political) Rights, restrictions may be necessary to ensure public order, security, morality and health of the nation, to preserve the reputation of individuals.
Any prohibitions may be established in accordance with applicable law. The normative acts established that the media cannot be used to commit a criminal offense, disclose information constituting a state or other secret under special protection, call for violent changes in the integrity of the state and constitutional order, seizure of power, to incite class, social, national religious discord and intolerance, propaganda of aggression and war. It is not allowed to use media outlets to disseminate broadcasts whose content is pornographic, violent and cruel. Restrictions may also be established under emergency and military laws.
Conducting public events
In the Constitution, the law on civil and political rights stipulates that individuals can gather for rallies, marches, pickets, demonstrations and other things. If summarized, then everything that is listed in Art. 31 may be called manifestations. This article governs the exercise of the right to hold public events. Through them, the population expresses its requirements, interests, views. At the same time, holding various kinds of demonstrations may not have a common connection with politics.
For example, such events are general meetings of residents on the issue of keeping the building and the area clean. Manifestations may also indirectly relate to politics. For example, it could be a picket protesting against the transfer of a historic building to the ownership of a private company. The manifestation can also be a clear political event. The right to organize and hold rallies, meetings and other things is considered collective. However, picketing, for example, can be carried out by one person.
The meaning of constitutional norms
The provisions of the Basic Law enshrine the main principles of the organization and democratization of power. It is this fact, in the opinion of many analysts, that provokes a rather sharp struggle between various political forces and movements around the Constitution, judicial decisions, and other normative acts acting as a source of constitutional law. Exploring this confrontation, you can understand what pulls the country back and what leads along a progressive path. One of the important and, at the same time, difficult tasks today is monitoring of rapidly changing legislation. Changes take place in the articles of the Constitution, which regulate the socio-economic and political interactions of people, as well as people and the state. The basic law contains interpretations reflecting the reforms that are being carried out in the country. In many matters related to life support, many people cannot rely solely on themselves. In the presence of personal freedom, they nevertheless turn out to be dependent on other individuals whose interests often radically differ from their own. In this regard, there is a need to provide people with adequate protection. First of all, the state sets itself the task of protecting the vital rights of the population from economic arbitrariness and public injustice. At the same time, the authorities undertake to give the people strength to realize and develop their abilities. Political rights are aimed at actively attracting the population to participate in the life of the country and manage public affairs. This greatly contributes to strengthening the relationship between the individual, society and the state.
Finally
In modern Russia, quite a lot of reforms are underway. The success of many of them is determined by the establishment and subsequent implementation of the political rights and freedoms of every citizen of the country. As the main guarantor of their fullest implementation, the system of democracy in the democratic statehood that is being formed today should act.Equally important is the World Covenant on Political Rights. Its provisions govern the capabilities of people outside the homeland, as well as some internal issues related to public administration. The Russian Federation is a country with a democratic system. This concept itself suggests that power in a state is exercised by its people, citizens who have equal cultural, social, political and economic rights.
Today, the process of the formation of society in Russia is taking place. It is based on the freedom of the people who inhabit it. A new role of power is also being formed, which recognizes the priority of the population. One of the most dynamic in these processes is the development of constitutional law. It acts as an essential condition for the implementation of reforms in the economic and political systems. Along with this, it is a guarantee of the country's non-return to the past. The state of realization of political freedoms and rights will determine the strength of constitutional principles and the reality of democracy in the state.