The rights and freedoms of a person and a citizen in Russia are connected with his duties and responsibilities as a member of society.
2. The rights and freedoms of man and citizen are recognized and guaranteed in Russia. The state is responsible for the recognition, observance and protection, ensuring the realization of the rights and freedoms of man and citizen.
3. The rights and freedoms of man and citizen are directly applicable. The procedure for fulfilling duties and bearing responsibility by each person is established by the legislation of Russia.
4. Russia does not adopt (issue) legal acts that abolish or diminish highest values Russia, the rights and freedoms of man and citizen, with the exception of cases of amendments to the Constitution of Russia.
5. No one can be forced to give up their rights and freedoms.
6. The ability of each person by his actions to acquire and exercise rights and fulfill duties in full arises with the onset of adulthood (upon reaching the age of eighteen), unless otherwise provided by the Constitution of Russia, federal constitutional or federal law.
7. The performance of duties and the bearing of responsibility is inalienable and is carried out by each person and citizen personally, unless otherwise established by federal constitutional law.
8. No one can be forced to perform duties not provided for by the Constitution of Russia, federal constitutional and federal laws.
9. Each person is responsible for failure to perform or improper performance of their duties in accordance with the legislation of Russia.
Article 20. Human rights and freedoms
1. Human rights and freedoms are inalienable and inalienable.
2. A person has the right to make a free choice between good and evil and is responsible for this before God and his own conscience.
3. Human rights and freedoms include:
a) the right to life;
b) the right to freedom;
c) the right to recognition and protection of human dignity;
d) the right to inviolability of the person, home, privacy, the right to privacy of individual communications;
e) freedom of movement;
f) the right to freely leave Russia and enter Russia;
g) the right to self-identification on national and religious grounds;
h) freedom of religion;
i) freedom of thought and belief;
j) freedom of speech and the right to information;
k) freedom of economic activity not prohibited by federal law;
l) ownership right;
m) the right to equal access to vital natural resources;
o) the right to work;
o) the right to rest;
p) the right to housing;
c) family rights;
r) the right to health care and medical care;
s) the right to a favorable environment;
t) the right to education;
x) freedom of creativity;
v) the right to access to culture;
h) freedom of self-realization;
x) the right to social security;
w) the right to association;
e) the right to peace without war;
j) the right to psychological comfort.
4. The enumeration in this article of human rights and freedoms should not be interpreted as a denial or derogation of other human rights and freedoms established in other articles of the Constitution of Russia, federal constitutional and federal laws, as well as generally recognized rights and freedoms.
Article 21. Duty and obligations of a person
1. The duty and duties of a person are inalienable and inalienable.
2. Each person is obliged to respect the rights and freedoms, legitimate interests of other persons and not to violate them. Abuse of the right is prohibited.
3. Every person who is on the territory of Russia is obliged to comply with the Constitution of Russia, federal constitutional laws, federal laws, other legal acts in force on the territory of Russia, respect the highest values of Russia.
4. Every person is obliged to pay legally established taxes and fees.
5. Taking care of your close relatives is the duty and obligation of every person.
6. Every person is obliged to preserve nature and the environment, to treat natural resources with care.
7. Every person is obliged to preserve the historical cultural heritage Russia.
8. Work is the duty of every person.
9. Take care of your own health, lead healthy lifestyle life to engage in the formation of their spiritual culture - the duty of every person.
10. The enumeration in this article of a person's duties does not cancel other duties established in other articles of the Constitution of Russia, federal constitutional and
The constitution, as the fundamental law, is the printed embodiment of such an agreement. The Russian Federation, by birthright, grants its citizens, as well as citizens of other states and stateless persons residing on the territory of the Russian Federation, inalienable rights, the restriction of which is possible in a strictly regulated manner. An example is imprisonment used by the judiciary as a punishment for committing a crime.
In the territory Russian Federation rights and freedoms are granted to every person equally, regardless of "sex, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations."
Different authors classify the rights of citizens of the Russian Federation into several groups (from 3 to 6), these are:
personal, political, socio-economic, cultural and environmental.
Personal rights
They are also called natural, that is, these are human rights, enshrined in law.These include:
- the right to life and personal integrity
- the right to privacy, privacy of correspondence and any kind of messages
- right to privacy
- the right to national self-determination
- the right to use one's native language
- the right to free movement within the Russian Federation, to travel abroad and to return back
- the right to freedom of thought and speech, conscience, religion
Political rights
Unlike personal rights, which are guaranteed to any person on the territory of the Russian Federation, political rights are granted exclusively to citizens, such as:- the right to vote and be elected
- the right to participate in the affairs of the state
- right to association
- the right to hold rallies, meetings, etc.
- the right to access public service
- the right to participate in the administration of justice
- the right to appeal to public authorities
Socio-economic, cultural and environmental rights
The Russian Federation guarantees to every citizen:
- the right to carry out entrepreneurial activities
- right to private property, including land and other natural resources
- right of succession
- right free choice occupations, safe and paid work
- right to rest
- the right to a family
- the right to social security
- the right to health care and medical care
- the right to favorable ecological environment, the right to information about the state of the environment
- the right to education, including compulsory secondary and affordable higher
- the right to creativity, participation in cultural life, access to cultural property
- the right to justice, to legal assistance
- the right to compensation for damage caused by illegal actions of state bodies
Responsibilities of Man and Citizen
The Russian Federation in its Basic Law obliges its citizens to:
- each person is obliged to respect the rights and freedoms of others, to comply with the laws of the Russian Federation
- parents have a responsibility to take care of their children
- adult children are obliged to take care of their disabled parents
- pay taxes and other fees
- to defend the Motherland, including military duty
- get secondary education
- cares about culture, preserve monuments of culture and history
- respects the environment
AND DUTIES OF THE MAN
One of the features of the development of human rights in present stage- the ever closer interrelation of human rights with his duties. As Corresponding Member of the National Academy of Belarus L.F. Evmenov, “simply do not exist without his duties. And vice versa. Moreover, they are an internal source of realization, movement and development of human rights. A is an internal source of fulfillment of duties”1. For the first time, duties are mentioned in Article 29 of the Universal Declaration of Human Rights: “Every person has duties to a society in which alone the free and full development of his personality is possible.” And yet, until recently, the issue of obligations has not received sufficient attention in the documents of the international community.
Responsibility is the basis of the progress of society. The progress of society is determined by the performance of labor duties by people. People fulfill their duty to work from generation to generation, constantly impelling humanity to progress, prosperity and perfection. The development of society towards a more democratic and humane is the result of people fulfilling the obligation to work.
Responsibility is a prerequisite for securing a right. But their full implementation can be guaranteed not by the state and not by society as a whole, but only by the execution of each specific person their duties. It is the fulfillment of duties that is the main prerequisite for ensuring human rights. Society and the state can guarantee the rights of a person only on the basis of fulfilling his obligations to receive, actively work, perform military service, consciously pay taxes, etc. Only in this way can we continuously realize our potential rights.
The duty is to ensure the stability of society.
Society is a huge and complex system consisting of many people. Therefore, it must be stable - this is the establishment and requirement of the essence of man. Otherwise, instability and incredible chaos will reign in society, which will destroy it. The coherence and stability of society depend, firstly, on the prosperity of the economy, material support the life of society, the guarantee of a peaceful and tranquil life; secondly, from established legislative acts, ethics, morals, customs and mores, etc.
To ensure the stability of the life of society, the listed social control mechanisms must be consciously observed and performed by people. Every member of society must actively and seriously fulfill his legal and moral obligations. Then the coherence and stability of society will be able to receive their real support.
There are three groups of human responsibilities.
I. Duties of the individual to society.
Duty to respect peace and security.
The individual has an obligation to support measures for a total ban nuclear weapons, as well as the development and stockpiling of chemical and bacteriological weapons; refrain from propaganda of war, national, racial or religious hatred.
Duty to respect international law. A person is obliged to respect the norms of international law, in particular the UN Charter, international in the field of human rights. Every person is also obliged to respect international humanitarian law, i.e. the law applicable in times of armed conflict.
Duty to protect the environment. A person must counteract the occurrence of fires, the extermination of the animal world, water pollution, etc., participate in planting forests, creating corners of nature, etc.
The obligation to promote the development of culture. Culture is the highest social and historical expression spiritual world person. Because of this, each person is obliged to contribute to its development, as well as build their relationships with other people in the spirit of brotherhood.
Obligations arising from the right to work. Man must first of all be responsible for the intelligent eradication of forms forced labor and exploitation of child labour, compliance with labor discipline and compliance with the labor agreement.
Obligations arising from the right to education. It is the duty of every individual to fight against violence as a means of achieving economic, social and political goals in the course of learning and education. The purpose of the education system is to instill in its listeners that the struggle by peaceful means and the protection of each person from injustice and mistakes in the interests of all is not only a right, but also a duty.
Other obligations to society that may be provided for in national legislation:
a) know the laws in accordance with the principle “ignorance is no excuse”;
b) cooperate with the state in the matter of social security;
c) pay taxes and bear the joint costs of eliminating the consequences natural Disasters;
d) not abuse the rights and be guided in their actions by common sense;
d) take care of the preservation historical sites, monuments and cultural property and protect them etc.
II. Duties of the individual towards other people
Duty to respect the rights of others.
Respect for the rights of another person is especially important at the present time. In the meantime, life is full of reverse examples. So, for example, the right to own property is captured by a small part of the population, the vast majority is deprived of it. Those who participate in "grabbing" obviously forget that the "silent majority" also has the right to property. Or such an example. Parents are increasingly acting as owners of their children, forgetting that children also have rights.
Duty to help and show solidarity. Article 1 of the Universal Declaration of Human Rights states: “All human beings are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.” Solidarity must always be social fact which implies the duty of every person1 to obey the will of society. It is also believed that every person is obliged to protect the weaker from the stronger, the oppressed - from the oppressor. Such a position is extremely important for our society, when they try to force a person to live according to the principle: every man for himself.
Duty to uphold the norms concerning the prohibition of torture and the protection of human dignity. In accordance with article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights, every person has an obligation to protect the integrity of the person and human dignity any other person. Resolution No. 2 of the Commission on Human Rights of 1963 provides that no person arrested or detained shall be subjected to physical or psychological coercion, torture, threats or influences of any kind, drugs or any other means. capable of violating or weakening his freedom of action or decision, his memory or his ability to judge. The Declaration on the Protection of All Persons from Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 9 December 1975 places particular emphasis on the duties (of an ethnic, criminal, disciplinary nature) of law enforcement officials and others involved in the process of arrest, detention and imprisonment.
Duty to review and counteract. Each person is obliged to resist the demands of society, which are incompatible with the tasks and principles of the UN Charter, declarations and conventions in the field of human rights. However, the fight against illegal actions and measures, in principle, should not go beyond the bounds of legality. Everyone has an obligation to refrain from damaging natural ecological systems.
Duty to comply with the law. Each person is obliged to obey the laws and other orders of the authorities of his country or the country in which he lives. The duty to keep the laws has been known since ancient times. However, what laws must an individual follow? Just and reasonable laws that protect every person without any discrimination and serve the benefit of all people; laws based on a democratic constitution, as well as on the principles of justice, equality and honesty. The individual has the right to analyze the legitimacy of any orders given to him and not to obey the law, especially in cases where the authorities do not comply, or rather, violate the laws.
In addition, there are obligations of foreigners and refugees. A foreigner is obliged to register with state bodies, along with citizens of this state, to fulfill civic obligations to protect the society in which he lives from epidemics, natural disasters, other hazardous phenomena not arising from wars. He is also obliged not to interfere with political life the state in which he lives. In accordance with the provisions of the Convention relating to the Status of Refugees, these persons, as well as stateless persons, are obliged to comply with the laws and regulations of the country in which they live, as well as the measures applied to maintain public order. States granting asylum should not allow asylum seekers to engage in activities contrary to the plans and principles of the UN.
III. Duties to yourself
Duty to be responsible for your life. To be in charge of your life means not to have bad habits pay attention to the quality of life, study culture and science, do things that are useful to society and not be a burden to others.
Responsibility for your human dignity. It is always necessary to feel like a person, to protect our dignity, not to engage in deeds that humiliate us as people. It is necessary to behave in accordance with the position, according to the laws and ethics. Parents should fulfill their parental duty, children - sons. Everyone must do their own professional duty. At any post, you can not go beyond official powers and use them for your own personal purposes.
Introduction
Chapter 2 of the Constitution specifies the provision of Article 2 of the Constitution of the Russian Federation on a person, his rights and freedoms as the highest value.
The possession of rights that the state cannot infringe upon provides the individual with the opportunity to be an independent subject, capable of asserting himself as a worthy member of society. At the same time, the relationship between the individual and the state is not limited to the obligation of the state not to encroach on human rights. The citizen is involved in a stable political and legal relationship with the state, consisting of mutual rights and obligations. Persons permanently residing in the territory of a particular state are vitally interested in possessing the status of a citizen. And the state, established on the basis of law and democracy, can most effectively ensure the rights and freedoms of citizens.
1. The concept and types of fundamental rights and freedoms of man and citizen of the Russian Federation
The constitutional rights and freedoms of a person and a citizen are his inalienable rights and freedoms that belong to him from birth (in appropriate cases, by virtue of his citizenship), protected by the state and constituting the core legal status personality.
Chapter 2 of the Constitution includes 48 articles, the vast majority of which are devoted to specific rights and freedoms. They represent a certain system that has a basis that reflects the specifics of these rights and freedoms themselves, those spheres of human and civil life that they relate to. In accordance with these grounds, it is customary to classify constitutional rights and freedoms into three groups: personal, political, and socio-economic.
1). Personal rights and freedoms.
Right to life (Article 20 of the Constitution). This is a natural human right, the protection of which covers a wide range of active actions of all state and public structures, each individual person to create and maintain a safe social and natural environment and living conditions.
Until now, the state has retained the right, under certain conditions, to forcibly deprive a person of his life, subjecting him to death penalty. Due to the urgency of such a measure, the conditions for the application of the death penalty are stipulated directly in the Constitution. In accordance with Part 2 of Article 20, the death penalty is retained temporarily.
The right to protection by the state of the dignity of the individual (art. 21). Nothing can be grounds for belittling the dignity of a person. The Constitution establishes that no one shall be subjected to torture, violence, other degrading treatment or punishment. No one can be subjected to medical, scientific or other experiments without voluntary consent.
The right to the inviolability of the person (art. 22). It consists in the fact that no one has the right to forcibly limit the freedom of a person to dispose of his actions, to enjoy freedom of movement. No one may be subjected to arrest or detention otherwise than on the basis of a court decision.
The right of the inviolability of the home (Article 25) means that no one has the right to enter the home without legal grounds, and also to stay in it against the will of the persons living in it.
The right of a person to protect his honest name (Article 23). It was established for the first time, and a judicial procedure for protection was established, including the right to compensation for moral damage.
The right to privacy, personal and family secrets (Article 24) is manifested in the prohibition, without the consent of the person, of the collection, storage, use and dissemination of information about his private life.
Freedom of movement. Part 1 of Article 27 states that everyone who is legally located on the territory of the Russian Federation has the right to move freely, choose a place of stay and residence. The Constitution recognizes the right of everyone who is legally located on the territory of the Russian Federation to freely travel outside its borders and the right of a citizen of the Russian Federation to freely return to it (part 2 of article 27).
The right to determine and indicate nationality (art. 26). No one can be forced to determine his nationality.
Freedom of conscience, freedom of religion. In accordance with Article 28 of the Constitution, everyone is guaranteed freedom of conscience and freedom of religion, including the right to profess individually or jointly with others any religion or not profess any, freely choose, have and disseminate religious and other beliefs and act in accordance with them.
Freedom of thought and speech, the right to freely seek, receive, betray, produce and distribute information in any legal way (Article 29). The Constitution recognizes that no one can be forced to express their opinions and beliefs and refuse them. Freedom of speech means the unconditional right of a person to make their thoughts and beliefs public property.
2). Political rights and freedoms.
The right to participate in the management of state affairs (art. 32). The right under consideration is exercised in various forms, both directly and through representatives. Direct forms are the participation of citizens in a referendum, as well as the exercise of their right to elect and be elected to bodies state power and local governments. Citizens of the Russian Federation have equal access to public service (part 4 of article 32) in accordance with their abilities and professional training. The form of involving citizens in solving state affairs is their participation in the administration of justice (Article 32, part 5) as jurors, people's and arbitration assessors.
The right of citizens to apply personally, as well as to send individual, collective appeals to state bodies and bodies local government(Article 33). Appeals of citizens, depending on the content, are clothed in the form of an application, or a complaint, or a proposal.
The right to associate, including the right to form trade unions to protect one's interests (art. 30). This right gives citizens the opportunity to use various forms of joint organized social activity for the indicated purposes, to unite their efforts for the implementation of certain tasks. No one can be forced to join any association or stay in it (Part 2, Article 30).
The right to assemble peacefully, without weapons, to hold meetings, rallies and demonstrations, processions, picketing (Article 31). The exercise of this right must not violate the freedoms and rights of others, it is prohibited to use this right to forcibly change the constitutional order of the Russian Federation, incite racial, national, class, religious hatred, to promote violence and war.
2). Socio-economic rights and freedoms.
The right of everyone to freely use their abilities and property for entrepreneurial and other economic activities not prohibited by law (Article 34). The Constitution establishes a ban on economic activity aimed at monopolization and unfair competition (Part 2, Article 34).
The right of private property (Article 35). The Constitution recognizes and protects private property and expands the guarantees for its protection. In part 3 of Art. 35 establishes that the expropriation of property for state needs can be made only on condition of preliminary and equivalent compensation. The right of citizens and their associations to own land in private ownership, to freely exercise possession, use and disposal of land and other natural resources without causing damage to the environment and without violating the rights and legitimate interests of others (parts 1, 2 of article 36) is fixed.
Human right in the sphere of labor (art. 37). This right is formulated in the Constitution in relation to market economy. The main emphasis is placed on securing the freedom of labor, its proper conditions and the right of a person to freely dispose of his labor.
The right to rest (part 5 of article 37). The functions of the state in this area are to establish, through federal law reasonable working hours, days off and public holidays, paid annual leave.
Family protection, protection of motherhood and childhood (Article 38). An expanded system of material guarantees for motherhood and childhood defines a list of various benefits, cash and other payments related to pregnancy, child rearing, etc.
The right to social security in old age, in case of illness, disability, loss of a breadwinner, for the upbringing of children, in other cases established by law. (Part 1, Article 39)
The right to housing (art. 40) It includes 1) protection of housing, by virtue of which no one can be arbitrarily deprived of housing; 2) encouragement by state authorities and local governments of housing construction; free or affordable housing for the poor.
The right to health protection and medical care (Article 41) implies that the latter is free of charge in state and municipal health care institutions.
The right to a favorable environment, reliable information about its condition and compensation for damage caused to his health or property by an environmental offense (Article 42).
The right to education (art. 43). Everyone is guaranteed the availability and free of charge of primary general, basic general, secondary (complete) general education and primary vocational education, as well as on a competitive basis free secondary vocational, higher vocational and postgraduate vocational education in state and municipal educational institutions within the limits of state educational standards, if a citizen receives education of this level for the first time.
Freedom of literary, artistic, scientific, technical and other forms of creativity, teaching, the right to participate in cultural life and use cultural institutions, to have access to cultural values (Article 44).
"). It is impossible to imagine a person bearing only duties, just as human rights without duties are impossible. Freedom only then becomes real when it acquires the features of an order based on law, and this order is the unity of rights and duties.
The principle of equality of duties, established by Part 2 of Art. 6 of the Constitution, concerns every citizen of Russia and is directly related to the equality of rights and freedoms. IN in practical terms it means that no citizen should be relieved or shied away from duty, this burden applies equally to all citizens.
However, there are many non-citizens living in Russia. The Constitution does not release them from certain duties (pay taxes, preserve nature), as long as many rights and freedoms are assigned to them. But some duties do not apply to these persons, they are peculiar only to citizens (to defend the Fatherland, etc.).
Main constitutional duties:
- observance of the Constitution and laws;
- respect for the rights and freedoms of others;
- caring for children and disabled parents;
- receiving basic general education;
- care of historical and cultural monuments;
- payment of taxes and fees;
- conservation of nature and the environment;
- defense of the Fatherland
Compliance with the Constitution and laws
This is the most main duty, lying on the citizens, as stated in Part 2 of Art. 15 of the Constitution of the Russian Federation. In fact, it extends to non-citizens as well, since it cannot be allowed that someone living in a country has the privilege of not complying with the laws in force in that country. Compliance with the Constitution and laws is a universal rule that knows no exceptions.
This constitutional duty should not be limited only by the Constitution of the Russian Federation and the legislative acts themselves. It contains a broader content, which can be defined as law-abiding. And this means that citizens are also obliged to comply with by-laws, constitutions and laws of the subjects of the Federation, acts of local self-government. Essentially, we are talking on compliance with the current Russian legislation, which includes acts not only of higher legal force.
In addition to the general obligation to abide by the Constitution, there is also a direct requirement for citizens to comply with specific constitutional prohibitions. So, in part 5 of Art. 13 it is forbidden to create and operate public associations whose goals and actions are aimed at forcibly changing the foundations constitutional order and violation of the integrity of the Russian Federation, undermining the security of the state, creating armed formations, inciting social, racial, national and religious hatred. This norm specifies the constitutional duty of citizens, ordering them to refrain from these actions.
Respect for the rights and freedoms of others
This essential condition freedom, its necessary limitation and the fundamental principle of the rule of law. Part 3 Art. 17 of the Constitution establishes that the exercise of human and civil rights and freedoms must not violate the rights and freedoms of other persons.
Respect for the rights of others requires a developed sense of justice and restraining moral principles in a person, especially when the rights of another person turn out to be an obstacle to the implementation own desires even legal ones. The selfish realization of one's rights at the expense of the rights of others is a simultaneous violation of the norms of both law and morality; this is the path to conflicts between people and the establishment of the kingdom of the right of the strong. The constitution provides only possible path to avoid this - the duty fixed by it introduces human passions and ambitions into the mainstream of conscious self-regulation and a reasonable balance of one's own and others' rights.
