Table of contents (expand)
- The concept, subject and method of the constitutional law of the Russian Federation. Its place in the system of Russian law
- Constitutional and legal relations: essence and elements
- Sources of constitutional law of the Russian Federation
- Norms, institutions and sub-sectors of the constitutional law of the Russian Federation. Science of constitutional law of the Russian Federation
- The concept and social value of the constitutional order
- Constitution: essence, content, form and functions. Subject and method of constitutional regulation
- Constitutional and legal responsibility: concept and main features
- Constitution of the RSFSR 1918 Constitution of the USSR 1924
- Constitution of the USSR 1936 Constitution of the RSFSR 1937
- Constitution of the USSR 1977 Constitution of the RSFSR 1978 Perestroika period
- Perestroika period. Adoption of the Constitution of the Russian Federation of 1993
- Fundamentals of the constitutional order in the Russian Federation
- Constitutional principles of a social and legal state, separation of powers
- Sovereignty of the people of the Russian Federation and the right to self-determination of the peoples of the Russian Federation. state sovereignty
- The principle of democracy in the Russian Federation. Representative bodies of state power. The right of legislative initiative in the Russian Federation and subjects of the Russian Federation
- Legislative process at the federal level
- The constitutional status of the executive power in the Russian Federation
- The constitutional mechanism for ensuring the rights and freedoms of man and citizen in the Russian Federation
- Principles of supremacy and direct action of the Constitution of the Russian Federation
- Political system (PS) RF: principles of constitutional regulation. Legal status of a political party
- Methods of protecting the Constitution of the Russian Federation. Constitutional basis for ensuring security in the Russian Federation
- The procedure for adopting and amending the Constitution of the Russian Federation
- State symbols and legal status of the capital of the Russian Federation
- Federal bodies of state power of the Russian Federation
- Federal government bodies with special status
- State authorities of the constituent entities of the Russian Federation
- Institute of Human and Civil Rights and Freedoms under the Constitution of the Russian Federation
- Basic principles of the constitutional status of a person and a citizen of the Russian Federation
- Personal rights under the Constitution of the Russian Federation
- Political rights of citizens of the Russian Federation
- Socio-economic and cultural rights. Constitutional obligations of the individual in the Russian Federation
- Citizenship of the Russian Federation: concept and general principles
- The procedure for acquiring citizenship of the Russian Federation
- Legal status of refugees in Russia
- Legal status of forced migrants in the Russian Federation
- Legal status of foreign citizens and stateless persons in the Russian Federation
- The right to association in the Russian Federation: content and regulatory framework
- Main Provisions of Russian Legislation on Mass Media
- Institute of the Commissioner for Human Rights in the Russian Federation
- Legislation on the state of emergency in the Russian Federation (basic provisions)
- Legal regime of martial law
- Territory of the Russian Federation. Principles of Russian federalism
- Constitutional status of subjects of the Russian Federation
- Distribution of subjects of jurisdiction and powers between the Russian Federation and the subjects of the Russian Federation
- Legal basis for the formation of new subjects of the federation in Russia
- Electoral system of the Russian Federation
- Suffrage of citizens: concept, structure, regulatory framework
- Election process
- Election commissions, their types, the basis of the legal status, the procedure for formation
- Nomination of candidates for deputies and for elective state and municipal positions
- Election campaign
- Financing elections in the Russian Federation
- Elections of deputies of the State Duma of the Russian Federation. The concept and types of referenda
- Referendum in Russia
- President of the Russian Federation. Election order. Conditions for being elected President of the Russian Federation
- Powers of the President of the Russian Federation
- Plenipotentiaries of the President of the Russian Federation
- Administration of the President of the Russian Federation
- State Council of the Russian Federation
- Termination of powers of the President of the Russian Federation. Guarantees to the President of the Russian Federation, who has terminated the exercise of his powers
- Status of a member of the Federation Council and deputy of the State Duma
- Structure and competence of the Federation Council
- Organization of the work of the Federation Council
- Structure and competence of the State Duma. Organization of her work
- The system of federal executive bodies
- Judicial power in the Russian Federation and its constitutional and legal foundations
- The Constitutional Court of the Russian Federation as a judicial body of constitutional control
- Basic Rules of Constitutional Proceedings
- Constitutional bases of public prosecutor's supervision in the Russian Federation
- The system of public authorities of the constituent entities of the Russian Federation
- Local governments in the Russian Federation
28. BASIC PRINCIPLES OF THE CONSTITUTIONAL STATUS OF A HUMAN AND A CITIZEN OF THE RUSSIAN FEDERATION
The basic principles of the constitutional status of a person and a citizen form the basis of the legal status of an individual in the Russian Federation, are enshrined in Ch. 1 and 2 of the Constitution of the Russian Federation:
1. Recognition of a person, his rights and freedoms as the highest social value (Article 2).
2. The principle of the welfare state (art. 7).
3. The principle of equal, free and single Russian citizenship (Article 6).
4. The principle of priority of international standards in the field of human rights (Part 1, Article 17).
5. The principle of inalienability and the natural nature of human rights (Part 2, Article 17).
6. The principle of direct action of the rights and freedoms of man and citizen (Article 18).
7. The rights and freedoms of man and citizen determine the meaning, content and application of laws, all the activities of state power and local self-government (Article 18).
8. The principle of formal legal equality (Article 19).
9. The principle of the possibility of expanding human rights and freedoms beyond the constitutional circle (part 1 of article 55).
10. The principle of the impossibility of issuing laws that abolish or diminish the rights and freedoms of man and citizen (part 2 of article 55).
11. The exercise of human and civil rights and freedoms must not violate the rights and freedoms of other persons (Part 3, Article 17).
The rights and freedoms of a person and a citizen can be limited by the state (in the form of a federal law) in order to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the defense of the country and the security of the state (part 3 of article 55 of the Constitution of the Russian Federation) , in a state of emergency (part 1 of article 56 of the Constitution of the Russian Federation). A number of rights and freedoms are not subject to restriction (part 3 of article 56 of the Constitution of the Russian Federation). Restriction of rights and freedoms is carried out in two modes - temporary suspension of the use of a certain right (under special temporary legal regimes of a state of emergency and martial law), a ban on the use of certain forms (methods) of exercising the right (for example, restriction on the dissemination of state secrets).
The Constitution of the Russian Federation prohibits the abolition or derogation of the rights and freedoms of man and citizen in the process of lawmaking (part 2 of article 55). In the practice of the Constitutional Court of the Russian Federation, it was stated that the law that encroaches on the main content of the right, or introduces restrictions on constitutional rights that are not caused by the need to protect the above social values, should be considered derogatory to the rights and freedoms of a person and citizen.
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