Конституционное (государственное) право Российской Федерации. Конституционные обязанности личности в РФ (самое важное)

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Конституционное (государственное) право Российской Федерации. Конституционные обязанности личности в РФ (самое важное)

Lecture notes, cheat sheets

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33. CONSTITUTIONAL DUTIES OF THE INDIVIDUAL IN THE RUSSIAN FEDERATION

The constitutional and legal status of citizens of the Russian Federation consists not only of rights and freedoms, but also of their obligations to the Russian Federation. The duties to the Russian Federation of a person and a citizen differ. So, only the duties of citizens of the Russian Federation are officially recognized and are fixed in the Constitution of the Russian Federation and federal laws.

Evidence constitutional duties of citizens of the Russian Federation:

1) they have as their goal the protection, protection and development of social values;

2) ensure the implementation of personal and public interests;

3) have supreme legal force.

Types constitutional duties:

1) general constitutional duties (compliance with the Constitution of the Russian Federation and federal legislation, preservation of a normal environment on the territory of the Russian Federation, preservation of historical and cultural heritage, historical, cultural and natural monuments);

2) special constitutional duties (mutual obligations of parents and children, payment of taxes and fees established by law, military duty).

General duties are borne by all persons located on the territory of the Russian Federation. These duties ensure the preservation of a normal hostel in the Russian Federation.

The performance of general duties is ensured by:

1) measures of educational influence;

2) in extreme cases, the norms of criminal and administrative law.

Special duties are imposed only on citizens of the Russian Federation, certain categories of citizens. Depending on this, the duties of certain categories of citizens are established. For example, parental responsibilities are established only for citizens-parents, the obligation to pay taxes lies with citizens-taxpayers, etc. The fulfillment of these special duties is ensured by the norms of special legislation (tax, family) and responsibility established by federal laws. A special civil duty is the military duty of all male citizens of the Russian Federation over 18 years of age, unless they belong to the category of persons exempted from this duty for health reasons and other circumstances.

Military duty of citizens of the Russian Federation includes:

1) military registration;

2) compulsory preparation for military service;

3) conscription for military service;

4) military service upon conscription;

5) staying in reserve;

6) conscription for military training and military training during the period of stay in the reserve.

Citizens of the Russian Federation can perform military duty by voluntarily entering military service. Citizens of the Russian Federation have been granted the right to replace military service with alternative civilian service.

Citizens of the Russian Federation are not conscripted for military service:

1) those serving a sentence in the form of compulsory labor, correctional labor, restriction of freedom, arrest or imprisonment;

2) having an unexpunged or outstanding conviction for committing a crime;

3) in respect of whom an inquiry or preliminary investigation is being conducted or a criminal case has been transferred to court.

Citizens of the Russian Federation may be exempted from military service on the grounds specified in the Federal Law of March 28, 1998 53-FZ "On military duty and military service" (with the latest amendments of February 22, 2004). Conscription for military service of citizens of the Russian Federation may be delayed in cases established by federal law.

Author: Kakovkina Ye.N.

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