Human rights

Introduction

The history of the development of the concept of the rule of law and, together with it, the rights of the individual has received a rich development throughout the history of human society.
This topic is also interesting because legal statehood and the recognition and guarantee of human rights are an integral part of the Western political system, and more recently our country, and their consolidation at the constitutional level.
The list of constitutional rights and freedoms and their constitutional guarantees mostly look perfect. As for their implementation, the situation in our country is far from cloudless-constitutional and legislative guarantees are often not respected, and today, more than ten years after the adoption of the Constitution and its entry into force, no significant improvement is visible.
Many people, including legal experts, view this decade differently, sometimes in the opposite way, but regardless of this, it is obvious that the country has changed significantly. Accordingly, the view of the Constitution has changed: we have a better understanding of what it helps us and what it can't help us, whether we need to keep it unchanged, or whether we should somehow fix it or even replace it with another one. But this understanding is not the same for everyone, because our society remains divided, which means that the Constitution has not yet fulfilled its integrative task.
The aim is descriprion human rights as rights enshrined in the Constitution
The problems:
To analyze the concept and development of human rights.
To consider the personal rights and freedoms.
To describe the political rights and freedoms.
To analyze the economic, social and cultural rights.
To study constitutional guarantees of rights and freedoms
Chapter 1. Features of the human rights’concept
1.1.The concept and development of human rights
Human and civil rights and freedoms constitute the Central institution of constitutional law, which contains norms that determine the relationship between the state and the individual, its legal status.
Freedom is a necessary condition for ensuring social human rights. The concept of "freedom", the idea of freedom is quite actively used by people in everyday speech, political and scientific vocabulary. At the same time," freedom", for all its apparent simplicity, is a rather complex phenomenon for understanding, and even more so for practical implementation in public relations. There are quite a lot of examples in history, dramatic in their content, when the lives of hundreds of thousands, millions of people were sacrificed in the name of asserting freedom.
In the history of mankind, the assertion of freedom is almost always associated with the struggle for liberation from the existing lack of freedom, from oppression, exploitation, poverty, etc.and therefore most people identify freedom with the very process of liberation from the past, freedom from something. In other words, the main focus is on the ideological aspect of freedom, not the legal one.
The most important is the interpretation of freedom as a category of law, its most important principle.
Law is a form of social relations of independent subjects within the General norm. The independence of these subjects from each other within the framework of a legal norm is the legal expression of freedom. The legal form of freedom ensures formal equality and formal freedom. The norm acts as a scale, a measure of freedom. It denies and opposes arbitrariness and privileges within this legal framework.
Classification of human rights and freedoms is aimed at achieving various goals and is carried out on the basis of a wide variety of classification grounds.
Chapter 2. Rights and freedoms under the Constitution of the Russian Federation
2.1.The personal rights and freedoms
Personal (civil) rights (first-generation rights) are designed to ensure the freedom and autonomy of the individual as a member of civil society, its legal protection from any illegal external interference. The organic basis and main purpose of civil rights is to ensure the priority of individual, internal guidelines for the development of each individual [1].
This category of rights is characterized by the fact that the state recognizes the freedom of the individual in a certain sphere of relations, which is left to the discretion of the individual and cannot be the object of state claims. It provides, we recall, the so-called negative freedom. These rights, being an attribute of each individual, are designed to legally protect the space of action of private interests, to guarantee the possibility of individual self-determination and self-realization of the individual.
Personal or civil rights - a set of natural and inalienable fundamental rights and freedoms that belong to a person from birth and do not depend on their belonging to a particular state. These rights include the right to life (article 20 of the Constitution of the Russian Federation), freedom and personal inviolability (article 22), privacy, personal family secrets, protection of one's honor and good name (article 23 of the Constitution) , etc [1].
2.2.The political rights and freedoms
These rights and freedoms can be realized by a person both individually and through Association with other people. Individual (personal) rights include, for example, the right to apply to state bodies or the right to access public service. But such rights as the right to assemble, demonstrate, and hold meetings, or to form political parties or organizations, are only meaningful as collective rights, and the law regulates them in this capacity [2].
Political rights are legally secured measures of possible behavior that guarantee the freedom of citizens to participate in the formation and management of state and local government bodies. These include the right to unite (article 30), to assemble peacefully, without weapons, to hold meetings, meetings and demonstrations, marches and picketing (article 31), to participate in the management of state Affairs both directly and through their representatives (part 1 of article 32), to elect and be elected to power structures (part 2 of article 32 of the Constitution of the Russian Federation), etc [1].
2.3.The economic, social and cultural rights
Taken together, this group of rights ensures the freedom of the individual in the economic, social and cultural spheres and enables him to protect his vital interests. This group of rights is inseparable from personal and political rights, since all rights and freedoms are interrelated and constitute a single legal status of a person and a citizen [3]. At the same time, the protection of these rights in their legal force cannot be the same, since in a society with a market economy, the mechanism for distributing benefits is not only in the hands of the state. It turns out that economic, social and cultural rights are not so much legal norms as a standard that the state should strive for in its policy [3].
Economic rights are related to property rights and cover the freedom of human activity in the production, exchange, distribution and consumption of goods and services. Such rights are the right to freely use their abilities and property for entrepreneurial and other economic activities not prohibited by law (article 34), private property (article 35), freely dispose of their abilities to work, choose their occupation and profession (part 1 of article 37 of the Constitution of the Russian Federation), etc.
Social rights are designed to provide a person with a decent standard of living and social security, since a person can be free only when he is protected from poverty and the arbitrariness of the authorities. The Constitution of the Russian Federation refers to such rights as the right to rest (part 5 of article 37), to housing (article 40), to health protection and medical care (article 41), to a favorable environment (article 42), etc [4].
Cultural rights provide freedom of access to spiritual and material values created by the human community. This is the right to education (article 43), to participate in cultural life (article 44 of the Constitution of the Russian Federation), etc [1].
Chapter 3. Constitutional guarantees of rights and freedoms
Human rights are a universal category that represents the opportunities that arise from the very nature of a person to enjoy the most basic, most important benefits and conditions for the safe, free existence of an individual in society. The Constitution provides guarantees for the exercise of our rights and obligations [4].
Guarantees are understood as legal means that ensure the implementation of a particular human and civil right. Each right can only be realized when it corresponds to someone's duty to ensure it. Guarantees, in essence, are duties, and in relation to constitutional rights and freedoms, this is the duty of the state [2].
The most General guarantee of rights and freedoms, which has the highest legal force, is the constitutional system itself, based on strict observance of the Constitution, inalienable natural law and generally recognized principles and norms of international law. This highest guarantee is transformed by the Constitution of the Russian Federation into a system of certain rights of citizens and obligations of the state to ensure the rights and freedoms set forth in art. 45, 46, 53, 55, 56, 60, 61 [1].
The President of Russia is the guarantor of rights and freedoms. The duty to implement measures to ensure rights and freedoms is one of the powers of the Government of the Russian Federation. This function is the main purpose of the judicial system. Consequently, the entire mechanism of the state and all state authorities are involved in guaranteeing rights and freedoms [5].
The Constitution of the Russian Federation grants everyone the right to file a complaint with the interstate bodies for the protection of human rights and freedoms (part 3 of article 46). This right is conditional on the existence of relevant international treaties of the Russian Federation and is used if all available legal remedies have been exhausted. Consequently, the complaint can be filed after the refusal of the person in all judicial instances of the Russian Federation [1].
At the same time, the Constitution allows for restrictions on human and civil rights and freedoms. It is important to keep in mind that restrictions are not the same as the abrogation or diminution of rights and freedoms and are implemented only to the extent necessary for the purposes strictly established by the Constitution.
Conclusion
The status of a person, his rights and freedoms are the Central object of constitutional regulation in the Russian Federation, the subject of protection and protection of other laws-sources of constitutional law.
The set of constitutional norms that enshrine the position of a person and citizen in Russian society and the state, the scope of their rights and freedoms, as well as duties, forms the constitutional status of an individual in the Russian Federation (article 64 of the Constitution).
Civil (personal) constitutional freedoms are overwhelmingly human rights. They guarantee the realization of the most important individual life needs of a person and are basically carried out independently. Thus, the goal is achieved by solving the problems.
The list of constitutional rights and freedoms and their constitutional guarantees mostly correspond to the world standards of developed countries. As for their implementation, the situation in our country is quite serious - constitutional and legislative guarantees are often not observed.
The exercise of rights and freedoms cannot be considered outside of the functioning of the law enforcement system and justice, which are precisely designed to protect them. This is especially important because traditional psychology Russian official urges him to do his job, so it was primarily him, not to those who are in need of administrative services.
References
The Constitution of the Russian Federation (adopted by popular vote 12.12.1993) (as amended, amended Laws of the Russian Federation on amendments to the Constitution of the Russian Federation from 30.12.2008 № 6-FKZ, from 30.12.2008 № 7-FKZ, from 05.02.2014 No. 2-FKZ, from 21.07.2014 No. 11-FCL) // collected legislation of the Russian Federation. - 04.08.2014. - No. 31. - article 4398.
Universal Declaration of human rights: [adopted at the third session of the UN General Assembly by resolution 217 A (III) of December 10, 1948] // ROS. newspaper.
Baglay M. V. Constitutional law of the Russian Federation-Moscow: publishing group NORMA-INFRA.M, - 2015. - 752 p.
Draganchuk A. S., Baldanova G.J. human Rights // Electronic scientific-methodological journal of Omsk state agrarian UNIVERSITY. - 2018. - Special issue №5.
http://www.inquiriesjournal.com/keyword/human-rights (date of request: 30.11.20)