Social human rights and their maintenance in Republic North Ossetia - Alaniya - Реферат

Social human rights and their maintenance in Republic North Ossetia - Alaniya In the Constitution of the Russian Federation defines our state as social whose policy is directed on creation of the conditions providing worthy life and free development of the person. The embodiment into life of the given constitutional regulation is the duty of the state. It conditions the necessity of scientific development and realization of measures of social protection. The significant place among them occupies legal regulation and judicial protection of social human rights. Legal regulation of rights and freedoms of a person and a citizen, according to article 71 of the Constitution of the Russian Federation, relates to exclusive conducting of the Russian Federation, and their protection is in joint conducting of the Russian Federation and its subjects (Article 72). Despite the above mentioned, bodies of the government of the subjects of the Russian Federation actively participate in legal regulation of rights and freedoms, especially social as in the Constitution of the Russian Federation there is no direct interdiction to it. Moreover, according to legal publications, on the one hand, maintenance of legal protection of the rights and freedom is impossible without legal regulation, and on the other hand - establishment of rights and freedom in the constitution or in the charter of the subject of the Russian Federation is already an additional measure of legal protection by virtue of legal properties of the constitution and the charter [1]. Therefore the Parliament of Republic Severnaya Ossetia - Alaniya has made the right decision, having fixed in the Constitution of Republic Severnaya Ossetia - Alaniya, all rights and freedom of the person and the citizen and the guarantee of their maintenance stipulated by the Constitution of the Russian Federation, and in separate cases the Constitution of Republic Severnaya Ossetia - Alaniya gives the person wider social rights. Thus, according to article 38 of the Constitution of the Russian Federation the state protection is provided to motherhood, childhood and family and article 38 of the Constitution of Republic Severnaya Ossetia - Alaniya establishes far paternity as the object of social protection. Such legislative regulation is supported with the position of the President of the Russian Federation stated by him in the Message to the Federal Assembly in 2005 in which there has been specified the necessity to raise prestige both of motherhood, and paternity [2]. While Article 41 of the Constitution of the Russian Federation provides the right on medical aid, the Constitution of Republic Severnaya Ossetia - Alaniya gives the right to the qualified medical aid. It also guarantees the free-of-charge secondary (full) education, whereas the Constitution of the Russian Federation guarantees only secondary education. 12-РЗ. It is necessary to note, that one of the first among the subjects of the Russian Federation the republic has founded the institute of the Plenipotentiary on childs rights according to the Regulation about the Plenipotentiary on childs rights at the Head of Republic Severnaya Ossetia - Alaniya, confirmed by the Decree of the Head of Republic Severnaya Ossetia - Alaniya from 16.10.02 No. 175a. The similar statutory legal acts have been adopted also in 15 subjects of the Russian Federation (Moscow, Krasnodar territory, Ivanovo region and others, etc.), however, unfortunately, despite of the resolution of the Council of Federation of the Russian Federation from June 23, 2006 No. 199 - Federal Law containing the offer to found the institute of the Plenipotentiary on childs rights, the given institute is not still registered in the federal legislation. The active role in protection of social rights is played by the Government of Republic Severnaya Ossetia - Alaniya which has for the last two years adopted 25 resolutions and 5 orders in the social sphere: the Resolution from 05.02.07 No. 15 About confirmation of forms of documents for conducting by institutions of local government of the registration of the citizens requiring for premises, given on contracts of social hiring , Resolution from 05.02.07 No. 28 About payment of lump sum to adoptive fathers, trustees (trustees) and foster parents at taking the child to the family, Resolution from 23.09.05 No. 260 About conformation of Regulations about the order of assignment and payment of the state address monthly grant to the citizens having children. And thus on social parameters the republic occupies the first place among the subjects of Southern federal district [4]. Protection of rights and freedoms, in joint conducting of the Russian Federation and its subjects, is realized not only with the help of legal regulation, but also by judicial protection. And all rights and freedoms both stipulated in the Constitution of the Russian Federation in the constitution (charter) of the subject of Federation, in the federal and re