Legislative guarantees of the constitutional right to life in the Russian Federation

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Introduction: the article deals with the notion and the essence of legislative guarantees of the human and civil rights and liberties in particular with the right to life. The aim of the research is to clarify the notion and the essence of the constitutional right to life legislative guarantees and the determination of their place in the system of guaranties of the fundamental human and civil rights and liberties. Material and methods: the regulatory basis of the research consists of a system of national legislation and universally recognized principles and norms of international law that enshrine the right to life and the basis for its provision and protection. The theoretical basis of the study has been the work of the domestic scientists who have been the specialists in the field of constitutional law. In the course of writing the article, general scientific and special scientific research methods have been used, which have made it possible to analyze and generalize the materials collected by the author from various sources related to the subject of the study. Results of the study made it possible to establish the essence of legal (juristic) guarantees and their classification relating the system of Russian legislation system. As a result of the study the author claims that the entire set of legal means establishing guarantees of the right to life must be referred to as “legislative guarantees”. Findings and conclusions: based on the analysis of various concepts of legal (juristic) guarantees of human rights and freedoms, on the review of the system of these guarantees, the author comes to the conclusion that the legislative guarantees of the right to life in Russia should include generally recognized principles and norms of international law and the entire system of current national legislation, which is a set of normative acts (of the federal, regional and local levels), fixing the provisions concerning the vesting of any citizen with the right to life and regulating the issues of its provision and protection.

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Right to life, the right to life guarantees, legal guarantees of the right to life

Короткий адрес: https://sciup.org/143177974

IDR: 143177974   |   DOI: 10.24412/2312-3184-2021-3-50-57

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