Rights and freedoms of a person and a citizen and modern realities - Реферат

right freedom person state ABSTRACT WORK: RIGHTS AND FREEDOMS OF A PERSON AND A CITIZEN AND MODERN REALITIES For creation of the truly democratic and socially focused state in which there would be observed and guaranteed fundamental rights and freedoms of a person and a citizen, it is necessary to create in the mechanism of division of powers the presence of strong, independent judicial power. It is necessary for all the branches of power to act in the legal field, and all the branches of power should be less arrogant and more tolerant. In our opinion, actually no state can exist without the citizens if to consider the state as the form of organization of a society, accordingly the state should exist for the citizens. Not a person is created for the state, but the state is created for a person. The paradox is that the recognition of the constitutional rights and freedoms of a person and a citizen as the supreme social value, has been stipulated in the Fundamental Law since 1993, but till now in full has not been realized by the state. It is easy to proclaim the certain rights and freedoms but the main thing is to materialize them, to put them into practice. The Constitution considers a person, his life and health, honour and dignity, inviolability and safety, as the supreme social values. The Fundamental Law proclaims the new approach to understanding of mutual relations between the state and the person, and puts the person but not the state on the first place. Why has not the major constitutional principle, considering the person, his rights and freedoms the most significant value, though proclaimed, been fully realized by the state? On the one hand, the society, at last, has realized the necessity and unconditional value of natural and inalienable rights of the person given to him from birth, on the other hand it is not capable to provide their full guaranteed realization as there has not been created the appropriate social environment for the normal functioning of the institute of rights and freedoms of the citizens. To understanding and recognition to this constitutional principle the Russian society has developed for long, but probably it is necessary to pass a considerable way. Though annually step by step the power determines the priorities. Thus, in the annual Message of the President of the Russian Federation to the Federal Assembly of the Russian Federation there have been declared three directions of activity: first - measures on development of the state; second - strengthening of legality and development of political system, increase of efficiency of justice; and, at last, third - development of the person and the civil society. President Putin V.V. has noted that at present there develops the phenomenon dangerous for the development of our society: rights of the person, never considered the state priority in the history of our state, risk to remain declarative. The power will still mention them in official documents, and the citizens will suffer from their own legal vulnerability. The postulate that there are no rights without duties and no duties without the rights is true. Rights and duties, freedom and responsibility - is the axiom of the normal life. And as far as these concepts will coincide for each of us, so they will be filled with the contents. Further in the Message the optimism is expressed in the hope that the state is going to achieve development for everybody, success for everybody, better life for everybody and on the basis of these principles - we should become a free society of free people. And only in the free society each legislative citizen shall have the right to demand for himself reliable legal guarantees and the state protection. In this connection it is necessary to recollect, that the citizens apply to the courts for protection of their constitutional rights. What can the constitutional justice make in this direction? Lately more often and persistently they speak about necessities of modification of the existing norms, and of proposals about necessity of adoption of the special federal law about the fundamentals of the constitutional charter legal proceedings in the subjects of the Russian Federation which would become the legal basis for its development express and would promote the formation of the organs of the judicial control in all the subjects of the Russian Federation. Not denying the opportunity of adoption of the special law, the Chief Adviser of Department of the President of the Russian Federation V.K. Bobrova considers, that its absence does not interfere with creation and activity of already created constitutional (charter) courts whose legal bases are stipulated in the current Constitution of the Russian Federation and preserving validity in the decisions of the Constitutional Court of the Russian Federation.