Конституционное (государственное) право Российской Федерации. Институт основных прав и свобод человека и гражданина в РФ (самое важное)

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Конституционное (государственное) право Российской Федерации. Институт основных прав и свобод человека и гражданина в РФ (самое важное)

Lecture notes, cheat sheets

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25. INSTITUTE OF BASIC RIGHTS AND FREEDOMS OF HUMAN AND CITIZEN IN THE RUSSIAN FEDERATION

Constitutional and legal institution of fundamental rights and freedoms of man and citizen - this is an ordered set of norms of the Constitution of the Russian Federation and other federal laws that establish the rights and freedoms of the individual in the Russian Federation, their observance and protection.

Constitutional rights and freedoms of the individual - inalienable rights and freedoms that belong to a citizen or another person from birth (civil rights and freedoms arise from the moment of acquisition of citizenship of the Russian Federation in the prescribed manner), guaranteed by the state and forming the basis of the constitutional and legal status of the individual.

The constitutional rights and freedoms of a person and a citizen in the Russian Federation are the basis of the entire legal status of an individual in the Russian Federation. At the same time, duties always correspond to rights, while freedoms are granted to everyone, regardless of the fulfillment of their obligations to the Russian Federation, if their restriction is not related to the execution of a court sentence or other form of legal liability (sanction) established by law.

Evidence constitutional rights and freedoms of the individual:

1) they are the basis of the status of an individual in the Russian Federation, therefore it is on their basis that other rights and obligations of a person and citizen are secured in all other branches of law;

2) the fundamental rights and freedoms of man and citizen belong to every person legally present in the territory of the Russian Federation, with the exception of civil rights and freedoms;

3) constitutional rights and freedoms are provided to everyone in equal volume and uniform content, i.e. everyone has the right to count on the guarantee of his rights and freedoms by the Russian Federation, regardless of any signs;

4) the fundamental rights and freedoms of man and citizen have a special mechanism for implementation - they do not appear in the process of a person exercising his powers, but are a prerequisite for this, its fundamental basis;

5) these individual rights and freedoms are constitutionally enshrined;

6) fundamental rights and freedoms of the individual have special increased state protection.

Differences fundamental human rights and freedoms from the fundamental rights and freedoms of a citizen of the Russian Federation:

1) the rights and freedoms of citizens of the Russian Federation are granted to them on the basis of citizenship of the Russian Federation, while foreign citizens and stateless persons do not have this scope of rights;

2) human rights and freedoms belong to everyone from the moment of birth and are guaranteed on the territory of the Russian Federation, regardless of his citizenship, in turn, civil rights and freedoms arise in a person only from the moment of acceptance of Russian citizenship and are guaranteed only in relation to citizens of the Russian Federation.

The concepts of human rights and freedoms and the rights and freedoms of a citizen of the Russian Federation are correlated as a part and a whole, since they both represent a set of measures for the proper and possible behavior of subjects, but at the same time they have a different scope: human rights and freedoms belong to everyone without exception, while citizens The Russian Federation also has additional civil rights and obligations (for example, civil rights - the right to elect and be elected to the country's authorities, other political rights; civil obligations - compulsory military service) that arise with the acquisition of citizenship of the Russian Federation, so the scope of the powers of a citizen of the Russian Federation is always several broader than the scope of human rights.

Author: Kakovkina Ye.N.

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