Constitutional law of the Russian Federation. Personal rights under the Constitution of the Russian Federation (the most important)

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Constitutional law of the Russian Federation. Personal rights under the Constitution of the Russian Federation (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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29. PERSONAL RIGHTS UNDER THE CONSTITUTION OF THE RUSSIAN FEDERATION

Personal rights - basic and inalienable human rights, which form the basis of the constitutional status of the individual.

Among personal rights by subject, human rights and civil rights are distinguished; by source - constitutional rights, rights arising from international acts and treaties; by level - basic and derivative (derivative rights follow from the basic ones, for example, the right to freedom of information follows from the right to freedom of speech); according to the subject of implementation - individual and collective (for example, the right to association).

1. The right to live. No one has the right to end a person’s life; the right to life is associated with the problems of the death penalty, suicide and euthanasia.

2. The right to personal dignity and its protection. Any acts that cause physical or moral suffering or degrade human dignity, including torture and experiments, are prohibited.

3. The right to freedom and personal security. Arrest, detention and detention are permitted only by court decision. Pending a court decision, a person cannot be detained for more than 48 hours.

4. The right to protection of honor and good name.

5. The right to privacy, personal and family secrets; the secrecy of correspondence, telephone conversations, postal, telegraph and other messages can only be limited by a court decision. The collection, storage, use and dissemination of information about the private life of a person without his consent is unacceptable.

6. The inviolability of the home can be violated only in cases established by the Federal Law and on the basis of a court decision.

7. The right of a person to freely determine and indicate his nationality. Everyone has the right to use their native language, free choice of the language of communication, education, training and creativity.

8. Freedom of movement, choice of place of residence and stay. Back in 1991, the institution of registration was declared unconstitutional. Citizens of the Russian Federation enter the territory of the Russian Federation freely, and foreign citizens and stateless persons are required to obtain appropriate permits to stay on the territory of the Russian Federation (Federal Law "On the right of citizens to freedom of movement, choice of place of residence and stay within the Russian Federation", Federal Law "On the procedure for leaving RF and entry into the RF"). At the same time, there are institutions for permanent and temporary registration of persons living (staying) in the Russian Federation.

9. The right to freedom of conscience and freedom of religion.

10. The right to freedom of thought and freedom of speech. Freedom of speech may be limited; Propaganda (agitation) that incites social, racial, national or religious hatred (enmity), propaganda of social, racial, national, religious or linguistic superiority is prohibited, a ban is established on the disclosure of state secrets, etc. Freedom of speech includes the right of everyone to freely seek, receive, transmit, produce and disseminate information in any legal way; freedom of mass information and the prohibition of censorship are separately guaranteed; more details can be found in the Federal Law “On the Mass Media”.

11. Right to freedom of association.

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