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

Lecture notes, cheat sheets

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34. CONSTITUTIONAL GUARANTEES OF BASIC RIGHTS, FREEDOM OF HUMANS AND CITIZENS IN THE RUSSIAN FEDERATION

Constitutional and legal guarantees rights and freedoms of man and citizen in the Russian Federation (Chapter 2 of the Constitution):

1) the rights and freedoms of man and citizen belong to everyone equally, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances;

2) restriction of the rights of citizens on the basis of social, racial, national, linguistic or religious affiliation is prohibited in any form;

3) fundamental human rights and freedoms are inalienable and belong to everyone from birth;

4) the exercise of human and civil rights and freedoms should not violate the rights and freedoms of other persons. Other guarantees of constitutional rights and personal freedoms in the Russian Federation are established by federal laws. For example:

1) Federal Law No. 12-FZ of June 2002, 67 "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" establishes the basic guarantees of the constitutional right of citizens of the Russian Federation to participate in elections and referendums.

In accordance with this Law, elections and all referendums in the Russian Federation are held on the basis of universal, equal and direct suffrage by secret ballot. The right to participate in elections may be limited only in accordance with federal laws and only as established measures of responsibility or in case of disability;

2) Federal Law of July 15, 1995 No. 103-FZ "On the Detention of Suspected and Accused of Committing Crimes", Law of the Russian Federation of December 22, 1992 No. 4180-I "On Transplantation of Human Organs and (or) Tissues", Law Russian Federation of July 2, 1992 3185-I "On psychiatric care and guarantees of the rights of citizens in its provision" guarantee the rights of a person and a citizen to immunity.

In accordance with these laws, the restriction of the right to personal integrity is possible only on the basis of a relevant court order on detention or detention or detention in a special medical institution. It is not allowed to transplant organs and tissues from a living donor or a corpse, if there is no evidence that other medical means cannot guarantee the preservation of the life of the patient or the restoration of his health;

3) Federal Law of January 13, 1996 No. 12-FZ "On Education" specifies the guarantees for the implementation of the universal right to education.

According to this Law, the right to education is an inalienable constitutional right of all citizens of the Russian Federation, as well as persons who are not citizens, but legally located on the territory of the Russian Federation. This right includes the right to free general education, competitive free higher education, etc.

No one can be deprived of the right to education regardless of any circumstances, including mental development, i.e. the state provides citizens with developmental disabilities with the conditions for them to receive education, correct developmental disorders and social adaptation based on special pedagogical approaches .

The Russian Federation does not allow restriction of these and other rights and freedoms of the individual in any form.

Author: Kakovkina Ye.N.

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