Constitutional (state) law of the Russian Federation. Fundamentals of the legal status of an individual in the Russian Federation: concept and basic elements (the most important)

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Constitutional (state) law of the Russian Federation. Fundamentals of the legal status of an individual in the Russian Federation: concept and basic elements (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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18. BASIS OF THE LEGAL STATUS OF THE PERSON IN THE RUSSIAN FEDERATION: CONCEPT AND MAIN ELEMENTS

Fundamentals of the legal status of the individual in the Russian Federation fixed in the form of a special constitutional and legal institution, which is understood as a set of norms of the constitutional law of the Russian Federation that regulate relations arising from the determination of the place and role of a person and a citizen in society and the state, the nature of the individual's realization of his capabilities and their limits established by the state, regarding protection and enforcement of these rights.

The constitutional and legal status of the individual is the same for everyone. They have:

1) citizens of the Russian Federation;

2) foreign citizens;

3) stateless persons (stateless persons).

The content of the constitutional and legal status of the individual is a set of rights and obligations of an individual in relations with the Russian Federation.

The constitutional status of the individual consists of the rights and freedoms of the individual enshrined in the Constitution of the Russian Federation, as well as the duties of the individual to the state.

RF in order to observe and protect the rights and freedoms of the individual:

1) establishes in federal laws prohibitions on violations of human and civil rights in any form, establishes penalties for such violations in criminal, administrative, civil and other procedures;

2) provides economic, political, social and other conditions for the implementation of human and civil rights and freedoms on the territory of the Russian Federation, regardless of gender, race, nationality and other characteristics.

Characteristic features of the foundations of the constitutional and legal status of the individual in the Russian Federation:

1) constitutional rights and personal freedoms are the basis of state concern and the entire legal system in the Russian Federation;

2) they have the highest legal force;

3) these rights and freedoms are subject to special protection by the state.

The Constitution of the Russian Federation regulates the foundations of the legal status of an individual not in full, but establishes only the foundations of this status. Therefore, the institution of the foundations of the constitutional and legal status of the individual is complex and includes the norms of not only constitutional law, but also the norms of other branches of Russian law, for example, the norms of family, civil, criminal, environmental and labor law.

Elements of the constitutional and legal status of the individual:

1) rights and freedoms of man and citizen;

2) principles of the constitutional status of the individual;

3) presence or absence of Russian citizenship.

The constitutional rights, freedoms and duties of an individual are the basic element of the entire constitutional and legal status of a particular category of persons. At the same time, the type of category is determined precisely by the scope of these rights and obligations of a person.

Principles of the constitutional and legal status of the individual in the Russian Federation - the fundamental principles of all interaction between the Russian Federation and persons legally located on its territory.

Citizenship - a fundamental element of the constitutional and legal status of an individual, necessary for a person to have all exclusive civil rights, but at the same time imposing on this person a set of civil obligations to the Russian Federation. The constitutional and legal status of an individual assumes that it is provided by the state (including state coercion in case of violation of the constitutional rights and freedoms of a person and citizen).

Author: Kakovkina Ye.N.

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