Izvestiya of Saratov University.

Economics. Management. Law

ISSN 1994-2540 (Print)
ISSN 2542-1956 (Online)
Full text PDF(Ru):
PDF icon ekonomika_2020_3_310-319.pdf
(downloads: 0)
Language: 
Russian
Heading: 
Law
Article type: 
Article
UDC: 
342.72
DOI: 
10.18500/1994-2540-2020-20-3-310-319

National Mechanism for Judicial Protection of Fundamental Human and Civil Rights and Freedoms in the Context of Federal Relations

Autors: 
Nesmeyanova Svetlana E., Ural State Law University
Abstract: 

Introduction. The Constitution of the Russian Federation contains enough material in terms of proclaiming and implementing a large volume of human and civil rights and freedoms. However, the proclamation is not enough, and, therefore, the state creates a national mechanism of state protection to ensure, if necessary, the restoration of human and civil rights and freedoms. The article offers an analysis of the judicial mechanism of state protection of human and civil rights and freedoms, as the most universal and absolute, in particular, the activities of the Constitutional Court as the highest judicial body carrying out constitutional proceedings for the protection of basic human and civil rights and freedoms, and similar bodies of subjects. Theoretical analysis. The regulation of human and civil rights and freedoms is based on a set of constitutional norms that define them, as directly applicable, regulate the procedure for the implementation of these rights and freedoms, and establish guarantees for their implementation. Constitutional norms, thus, form the basis of the national mechanism for the protection of rights and freedoms. The state mechanism, in addition to constitutional norms, also includes state institutions for the protection of rights and freedoms, created at both the federal and regional levels. Empirical analysis. The right to judicial protection is presented through the analysis of the legal positions of the Constitutional Court of the Russian Federation, in which a logical sequence is built in relation to the right to judicial protection itself, the right to protection from certain acts, actions of public authorities, as well as equality in the exercise of this right in relation to certain persons. Results. The author gives a critical analysis of the limitations of the right to judicial protection, including the right to file complaints with the constitutional justice bodies, and formulates proposals to secure broad opportunities for citizens to appeal to the constitutional (statutory) court.

Key words: 
fundamental rights and freedoms
national protection
federalism
constitutional justice bodies
amendments to the Constitution
Reference: 
  1. The Constitution of the Russian Federation (adopted by the popular vote of 12.12.1993) (amended by Federal Constitutional Law 6-FKZ of 30.12.2008, Federal Constitutional Law 7-FKZ of 30.12.2008, Federal Constitutional Law 2-FKZ of 05.02.2014, Federal Constitutional Law 11-FKZ of 21.07.2014)]. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2014, no. 31, art. 4398 (in Russian).
  2. Sistema zaschity prav cheloveka v Rossiiskoi Federatsii [System of Human Rights Protection in the Russian Federation. Textbook. Ed. by G. N. Komkova]. Moscow, Prospekt Publ., 2017. 384 p. (in Russian).
  3. Ebzeev B. S. Lichnost’ i gosudarstvo v Rossii: vzaimnaia otvetstvennost’ i konstitutsionnye obiazannosti [Personality and State in Russia: Mutual responsibility and constitutional duties]. Moscow, Norma Publ., 2007. 384 p. (in Russian).
  4. Ben’yaminova S. A. The right to constitutional legal proceedings as an element of the legal status of a citizen. Actual Problems of Russian Law, 2018, no. 10, pp. 143–150 (in Russian).
  5. Golovkova A. Yu. Accessibility and Effectiveness of Mechanisms for the Judicial Protection of Constitutional Rights and Freedoms as the Rule of Law Indicators. Izv. Saratov Univ. (N. S.), Ser. Economics. Management. Law, 2019, vol. 19, iss. 3, pp. 335–343 (in Russian). DOI: https://doi.org/10.18500/1994-2540-2019-19-3-335-343
  6. Kolosova N. M. Direct Action of the Constitution of the Russian Federation and the Restriction of Constitutional Rights and Freedoms of Man and Citizen in the Context of Judicial Practice. Zhurnal rossiiskogo prava [Journal of Russian Law], 2019, no. 8, pp. 36–47 (in Russian).
  7. Komkova G.N. Modification of Modern Constitution of Russia. Izv. Saratov Univ. (N. S.), Ser. Economics. Management. Law, 2015, vol. 15, iss. 1, pp. 90–95 (in Russian).
  8. Sychev V. B. The Role of the Constitutional Court in Protecting Constitutional Principle of Non-discrimination. Leningrad Law Journal, 2012, no. 3, pp. 223–228 (in Russian).
  9. In the case of the constitutionality review of certain provisions of Articles 331 and 464 of the RSFSR Code of Criminal Procedure in connection with complaints by a number of citizens. Resolution of the Constitutional Court of the Russian Federation no. 20-P of 02.07.1998. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 1998, no. 28, art. 3393 (in Russian).
  10. In the case of the verification of the constitutionality of Articles 220.1 and 220.2 of the RSFSR Code of Criminal Procedure in connection with a complaint of a citizen V. A. Avetyan. Resolution of the Constitutional Court of the Russian Federation no. 4-P of 03.05.1995. Sobranie zokonodatel’stva RF [Collection of Laws of the Russian Federation], 1995, no. 19, art. 1764 (in Russian).
  11. In the case of checking the constitutionality of certain provisions of part two of article 89 of the Tax code of the Russian Federation in connection with complaints of citizens A. D. Egorov and N. V. Chuev. Resolution of the constitutional Court of the Russian Federation no. 14-P of 16.07.2004. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2004, no. 30, art. 3214 (in Russian).
  12. In the case of the constitutionality of the provisions of the second part of Article 31 of the USSR Law of June 24, 1981 “On the Legal Status of Foreign Citizens in the USSR” in connection with the complaint of Yahya Dashti Gafur. Resolution of the Constitutional Court of the Russian Federation no. 6-P of 17.02.1998. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 1998, no. 9, art. 1142 (in Russian).
  13. In the case of the verification of the constitutionality of Clause 1 of part 4 of Article 2 of the Federal Constitutional Law “On the Supreme Court of the Russian Federation” and the paragraph of the third subparagraph 1 of Clause 1 of Article 342 of the Tax Code of the Russian Federation in connection with the complaint of the open joint-stock company Gazprom Neft. Resolution of the Constitutional Court of the Russian Federation no. 6-P of 31.03.2015. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2015, no. 15, art. 2301 (in Russian).
  14. In the case of the verifi cation of the constitutionality of Article 140 of the Civil Procedure Code of the RSFSR in connection with the complaint of a citizen L. B. Fisher. Resolution of the Constitutional Court of the Russian Federation no. 4-P of 14.02.2002. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2002, no. 8, art. 894 (in Russian).
  15. On the Constitutional Court of the Republic of Komi. Law of the Republic of Komi 57-RZ of 31.10.1994 (as amended). Respublika [Republic], 2010, 6 July (in Russian).
  16. On the Constitutional Court of the Republic of Mari El. Law of the Republic of Mari El 14-Z of 03.01.1997. Mariyskaia Pravda, 1997, 19 March (in Russian).
  17. In the case of checking the constitutionality of certain provisions of the fi rst part of Article 92 of the Constitution of the Republic of Bashkortostan, the first part of Article 3 of the Law of the Republic of Bashkortostan “On the President of the Republic of Bashkortostan” (as amended of August 28, 1997) and articles 1 and 7 of the Law of the Republic of Bashkortostan “On the Election of the President of the Republic Bashkortostan”. Resolution of the Constitutional Court of the Russian Federation no. 12-P of April 27, 1998. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 1998, no. 18, art. 2063 (in Russian).
  18. In the case of the verifi cation of the constitutionality of the Federal Law “On Amendments to the Code of the Russian Federation on Administrative Offenses and the Federal Law ''On Meetings, Meetings, Demonstrations, Processions and Pickets''” in connection with a request from a group of deputies of the State Duma and a complaint by citizen E. V. Savenko. Resolution of the Constitutional Court of the Russian Federation no. 4-P of 14.02.2013. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2013, no. 8, art. 868 (in Russian).
  19. On improving the regulation of certain issues of the organization and functioning of public authorities. Law of the Russian Federation on amendment of the Constitution of the Russian Federation 1-FKZ of 14.03.2020. Available at: http://duma.gov.ru/news/48045/ (accessed 10 May 2020) (in Russian).
  20. In the case of verifying the constitutionality of the Resolution of the State Duma no. 492-III of June 28, 2000 of the State Duma “On Amending the Resolution of the State Duma of the Federal Assembly of the Russian Federation ''On declaring amnesty in connection with the 55th anniversary of the Victory in the Great Patriotic War of 1941–1945''” in connection with the request of the Sovetsky District Court of the city of Chelyabinsk and the complaints of a number of citizens. Resolution of the Constitutional Court of the Russian Federation no. 11-P of 05.07.2001. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2001, no. 29, art. 3059 (in Russian).
  21. In the case of verifi cation of constitutionality of certain provisions of paragraph 2 of article 27, parts of fi rst, second and fourth of article 251, the second and third parts of article 253 of the Civil procedure code of the Russian Federation in connection with the request of the Government of the Russian Federation. Resolution of the Constitutional Court of the Russian Federation no. 1-P of 27.01.2004. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2004, no. 5, art. 403 (in Russian).
  22. On refusal to accept for consideration the complaint of citizen Adamyan Julietta Semyonovna on violation of her constitutional rights by provisions of Federal Laws “On labor pensions in the Russian Federation” and “On state pension provision in the Russian Federation”. Court Ruling of the Constitutional Court of the Russian Federation no. 146-O of 04.03.2004. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2004, no. 27, art. 2806 (in Russian).
Received: 
10.06.2020
Accepted: 
30.07.2020
Available online: 
31.08.2020