Preview

Law Enforcement Review

Advanced search

THE LEGAL PROBLEMS OF ESTABLISHING THE ADDITIONAL GUARANTEES OF REALIZATION OF CONSTITUTIONAL HUMAN AND CIVIL RIGHTS AND FREEDOMS BY THE CONSTITUENT ENTITIES OF THE RUSSIAN FEDERATION

https://doi.org/10.24147/2542-1514.2017.1(4).87-95

Abstract

The subject. The article focuses on the need to improve legislative and law enforcement activities related to the consolidation of constituent entities of the Russian Federation additional guarantees of realization of constitutional human and civil rights and freedoms.
The purpose of the article is to identify main ways of improvement the legal regulation additional guarantees of realization of constitutional human and civil rights and freedoms by the constituent entities of the Russian Federation.
The methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method.
The results and scope of application. The lack of unity in understanding the essence of additional guarantees of realization of rights and freedoms requires not only theoretical analysis of this legal category, but a consistent system of the legislation, and corresponding to the system of law enforcement practice. The legal establishment of the additional guarantees of realization of constitutional human and civil rights and freedoms, due solely to the will of the legislator of a constituent entitiy of the Russian Federation aimed at the concretization of constitutional rights and freedoms as well as of the security mechanisms (legal conditions, means) of the implementation of these rights. Features of development of the corresponding constituent entitiy of the Russian Federation should be taken into account.
One of the main directions of improvement of legal regulation in this field is legislative recognition of additional guarantees of realization of constitutional human and civil rights and freedoms established by the constituent entities of the Russian Federation. This concept should be reflected in the Federal law of October 6, 1999 No. 184-FZ "On General principles of organization of legislative (representative) and executive bodies of state power of constituent entities of the Russian Federation", as well as in the constitutions (charters) of constituent entities of the Russian Federation. The consolidation of this concept in the legislation will be the impetus to the theoretical analysis of this legal category, and will ultimately contribute to the improvement of the legal status of the individual.

Conclusions. Improvement of regional legal policy in the sphere of establishment additional guarantees of realization of constitutional human and civil rights and freedoms by subjects of the Russian Federation has great practical significance and contributes to the theoretical knowledge of the specified legal category.

About the Author

A. Chuklin
South Ural State University (National Research Uni-versity), Chelyabinsk, Russia
Russian Federation
Post-graduate student, Faculty of Law


References

1. Gainetdinov A.N. The constitutional guarantee of protection of the rights and freedoms of citizens from unlawful actions (inaction) of the subjects of the law enforcement system of the Russian Federation, Cand. Diss. Rostov-on-Don, 2004. 231 p. (In Russ.).

2. Rybkina M.V. Constitutional rights, freedoms and duties of man and citizen in Russia and the guarantees of their realization, Cand. Diss. Thesis. St. Petersburg, 2000. 20 p. (In Russ.).

3. Egorov S.S. Guarantees the rights and freedoms of man and citizen the constitutional (authorised) legislation of subjects of the Russian Federation, Cand. Diss. Thesis. Moscow, 2013. 23 p. (In Russ.).

4. Rostovchikov I.V. On the structure of legal guarantees of human rights. Vestnik VolGU. Seriya 5. Yurisprudentsiya = Science Journal of Volgograd State University. Jurisprudence, 2008, vol. 10, pp. 37–43. (In Russ.).

5. Vykhodov A.A. Socio-legal mechanism of ensuring the rights of the individual in modern Russia (theoretical and legal research), Cand. Diss. Thesis. Kursk, 2013. 26 p. (In Russ.).

6. Boskhomdzhieva G.G. Constitutional-legal mechanism of ensuring personal rights and freedoms of man and citizen in the Russian Federation, Cand. Diss. Thesis. Saratov, 2007. 22 p. (In Russ.).

7. Ishekov K.A. Implementation of the constitutions and charters of subjects of the Russian Federation and public authorities: constitutional-legal study, Doct. Diss. Saratov, 2014. 459 p. (In Russ.).

8. Dinorshoev A.M. Constitutional foundations of regulation and implementation of the rights and freedoms of man and citizen in the Republic of Tajikistan, Doct. Diss. Moscow, 2015. 535 p. (In Russ.).

9. Gvozdeva O.M. Constitutional foundations of ensuring realisation of socio-economic rights of citizens at the level of subject of the Russian Federation, Cand. Diss. Thesis. Omsk, 2008. 27 p. (In Russ.).

10. Popov Z.V. Constitutional and legal framework of establishing the guarantees for protection and securing the rights and freedoms of a person and a citizen in Russia. Problemy prava = Issues of Law, 2011, no. 4, pp. 38–46. (In Russ.).

11. Sedyshev A.G. The problem of understanding the mechanism of legal protection of the rights and freedoms of the individual, Cand. Diss. Stavropol, 2003. 208 p. (In Russ.).

12. Goncharova N.V. The mechanism of protection of the rights and freedoms of man and citizen in the Russian Federation, Cand. Diss. Thesis. Belgorod, 2011. 22 p. (In Russ.).

13. Kim Yu.V. Federated statehood: the nature, genesis, and problems of development (theoretical-methodological foundations), Doct. Diss. Thesis. Tyumen, 2009. 44 p. (In Russ.).

14. Gligich-Zolotareva M.V. Constitutional and legal basis of Russian federalism: problems of theory, methodology and practice, Doct. Diss. Thesis. Tyumen, 2009. 42 p. (In Russ.).

15. Karaseva I.A. Competition constitutional values in practice of the constitutional Court of the Russian Federation and constitutional courts of foreign countries, Cand. Diss. Moscow, 2014. 244 p. (In Russ.).

16. Musalova Z.M. Constitutional-legal regulation of economic relations in Russia: Federal and regional aspects, Cand. Diss. Thesis. St. Petersburg, 2011. 23 p. (In Russ.).

17. Tikhomirova L.A. Constitutional basis of differentiation of subjects of conducting and powers of the Russian Federation and its subjects in the sphere of protection of environment, scientific and practical research. 2010. Available at “Consultant Plus” system. (In Russ.).

18. Chursina E.V. Differentiation of powers between public authorities of the Russian Federation and its subjects in subjects of joint competence of the constitutional-legal study, Cand. Diss. Krasnodar, 2005. 218 p. (In Russ.).

19. Umnova (Konyukhova) I.A., Aleshkova I.A. Application of the Constitution of the Russian Federation by courts of General jurisdiction: topical issues of theory and practice, Monograph. Moscow, RGUP Publ., 2016. 184 p. (In Russ.).

20. Zaitsev M.S. Constitutional right of citizens of the Russian Federation to participate in managing state affairs, Cand. Diss. Thesis. Saratov, 2015. 33 p. (In Russ.).


Review

For citations:


Chuklin A. THE LEGAL PROBLEMS OF ESTABLISHING THE ADDITIONAL GUARANTEES OF REALIZATION OF CONSTITUTIONAL HUMAN AND CIVIL RIGHTS AND FREEDOMS BY THE CONSTITUENT ENTITIES OF THE RUSSIAN FEDERATION. Law Enforcement Review. 2017;1(4):87-95. https://doi.org/10.24147/2542-1514.2017.1(4).87-95

Views: 919


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 2542-1514 (Print)
ISSN 2658-4050 (Online)