Abstract work THE PROBLEM OF PROTECTION OF HUMAN RIGHTS AS THE MOST IMPORTANT DIRECTION OF THE JUDICIAL REFORM OF MODERN RUSSIA - Реферат

The right of each person and citizen to judicial protection of rights and freedoms has been stipulated by the Law of the Russian Federation "About appeal in court of actions and decisions, violating rights and freedoms of the citizens" from April 27, 1993, according to the Law (with changes on December 14, 1995) each person has the right to apply with the complaint in court if considers that his rights and freedoms are violated with illegitimate action (decisions) of state bodies, bodies of local self management, institutions, enterprises and their associations, public associations or officials, state officials (Article 1). To actions (decisions), which can be appealed in court, pertain collective and individual actions (decisions), including presentation of official information, which has become the reason for completion of actions (making decisions), as a result of which there are violated rights and freedoms of a person; created obstacles to realization by the person of his rights and freedoms; unlawfully on the person there has been entrusted the duty or he is unlawfully drawn to the responsibility (Article 2). Vitally important positions of the given Law are the following: equality of all before the law and court; independence, tenure and inviolability of judges; compulsion of judicial resolutions; uniformity of the judicial system in RF; clear division of courts into federal and courts of the subjects in the Federation, comprising constitutional (charter) courts and justice of the peace and others Adoption of the Federal constitutional law "About judicial system of the Russian Federation" has become the serious stimulus for speedup of undertaking of the judicial reform, in particular, adoption of the federal laws "About justice of the peace in the Russian Federation", "About judicial department at Supreme Court of the Russian Federation", "About judicial police officers", "About executive proceedings" , etc. In accordance with Article 96 of the Federal constitutional law "About the Constitutional Court of the Russian Federation" the right to apply to the Constitutional Court with the individual or group complaint on violation of the constitutional rights and freedoms shall possess the citizens, whose rights and freedoms are violated by the law, applied or subjected to application in the concrete case; associations of the citizens; foreign citizens; other bodies and persons, specified in the federal law, including the Plenipotentiary on human rights in RF and General Public prosecutor of RF. The cases on protection of rights and freedoms of the citizens, considered by the Constitutional Court can be divided into several groups - cases, connected with check of: 1) the criminal of criminal-procedural legislation; 2) constitutionality of administrative legislation, restricting the right to private property; 3) norms of electoral legislation, as well as 4) the cases on consideration of complaints on the violation of labor and social rights and freedoms; 5) the cases about restrictions of the housing rights of the citizens; 6) the cases, concerning questions of inheritance and citizenship of the Russian Federation.