The genesis of the domestic institution of legal protection of individual rights and freedoms
Автор: Shastina Anzhelika R.
Журнал: Вестник Восточно-Сибирского института Министерства внутренних дел России @vestnik-vsi-mvd
Рубрика: Конституционное право. Конституционный судебный процесс. Муниципальное право
Статья в выпуске: 1 (100), 2022 года.
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Introduction: based on historical material, foreign experience in the legal regulation of the protection of the rights and freedoms of the individual, the article analyzes the process of formation of the domestic institution of legal protection of the rights and freedoms of the individual, as well as its development to the present period of time, taking into account emerging new tasks and state priorities in sphere of human and civil rights and freedoms. Materials and methods: the normative basis of the study was made up of the provisions of the Constitution of the Russian Federation, as well as international universally recognized principles and norms and international treaties of the Russian Federation. The methodological basis of the study was made up of interrelated general scientific and private scientific methods of dialectical cognition of legal reality. The system-structural method made it possible to comprehend the protection of individual rights and freedoms as a legal institution, comparative legal, comparative historical methods made it possible to identify features in the legislative consolidation of mechanisms for the legal protection of individual rights and freedoms. The results of the study made it possible to substantiate the natural connection between human and civil rights and the legal mechanism for their protection, as well as to highlight significant historical events that have had both direct and indirect impact on the formation and development of the domestic institution of legal protection of individual rights and freedoms. Findings and conclusions: human rights are the basic needs of the social person, the duty to protect them is a particularly important state task. The mechanism for the legal protection of human and civil rights and freedoms is a multi-component system designed to serve as a tool for rapid and effective response to situations where constitutional rights and freedoms are violated, detracted. In the context of the immutability of the provisions of Chapter 2 “Human and Citizen’s Rights and Freedoms” of the Constitution of the Russian Federation, the emergence of new human rights in the domestic legal system is carried out through (constitutional) consolidation of guarantees for the implementation and mechanisms for their protection.
Individual rights and freedoms, legal protection, guarantees of rights and freedoms, russian constitution, internationally recognized principles, international norms
Короткий адрес: https://sciup.org/143178491
IDR: 143178491