Article 46 part 1 of the Constitution of the Russian Federation

In Article 1 of the Constitution of the Russian Federation: Russia is a legal power.

Art.2: People are rightful and freedom is the most valuable thing.

Obligations of the power:

Viznati,

Finish up,

Seize.

Article 17: the rightful and freedom of Ch and Gr. are recognized and ensured.

This is consistent with the fundamental principles and norms of the MP and MD of the Russian Federation.

UN Declaration of Human Rights 1948

Two international pacts of 1966: “About political and civil rights”, “About economic, social and cultural rights”

European Convention on the Protection of Human Rights and Fundamental Freedoms, 1950.

Russia is its participant.

The obligation of rights and freedom can no longer be left to the national legislation, so Russia’s task is to really secure rights on its territory, so that they are not declarative. Article 18 Before the Russian Federation: rights-bearing and freedom Ch i Gr. mean the replacement and replacement of laws, the activity of the legislature and the viconic government and are ensured by justice. It is obvious that the right to judicial protection is one of the most important guarantees of the rights and freedom of citizens. In this case, Article 45 guarantees sovereign protection of rights and freedom. Apparently, the fragments are judged organi powers

, then Article 45 of the Constitution of the Russian Federation provides the court with protection against violations of rights. Article 46 specifically covers the right of every person to judicial protection. It is also stated that the decision

sovereign bodies

, local self-government bodies, townspeople You may be disgraced before going to trial.

The qualifications of judges are based on the selection of candidates for the judge.

The stinks are about to lose their qualifications.

Experienced, high strength up to light, work experience, which guarantees high performance of work in terms of disputes.

Special status of judges.

The vessels are provided with guarantees of incompleteness, non-delivery of their activity, which guarantees their independence and non-precedence.

Definitely hold.

The service does not have such guarantees, which is why there are more delays in the consideration of legal disputes.

There is detailed regulation of the dispute resolution procedure.

The order of justice is regulated only on the level of the Federal Law.

Because

holding

Authorities are subject to administrative regulations, which determine the nature of the by-laws, and are obviously less applicable to the dispute resolution procedure.

The right to judicial protection was voted on in Part 1 of Art. 46 of the Constitution of the Russian Federation: “Everyone is guaranteed judicial protection of his right and freedom.” This means that the right to protection is guaranteed to any individual: working in a sovereign, civil, private, mixed or other enterprise, not working anywhere, pensioner, military service, student, school yar, individual who is under investigation or trial or is already facing punishment , the child is under guardianship and treatment (every representative) etc. bud. This right is guaranteed both to the citizen of the Russian Federation and to the foreigner, and to create individuals without citizenship.
Moreover, the defender is entitled to any rights and freedoms, in any document they are not enshrined - in the Constitution, Galuzian laws, other normative and individual
legal acts .: legality, publicity, magnanimity, equality of parties, importance of honor and integrity, inadmissibility of vicarious evidence, rejected due to violations of the law, etc.
Obv'yazok to look at the animal husbandry of the masses was placed on the skin court, which must be entered before ship system edges. Before us, the federal courts of foreign jurisdictions (district, regional, oblast, Moscow city) St. Petersburg , Supreme courts of the republics, judges of the autonomous region, autonomous districts, Supreme Court Russian Federation, military and specialized courts), federal arbitration courts (subjects of the Federation, districts, Supreme Arbitration Court of the Russian Federation), Constitutional Court
RF, and the courts of the constituent entities of the Russian Federation (civil courts, constitutional courts).
Here we need to talk about a very important principle, above all the formulations in Part 1 of Art.
47 of the Constitution of the Russian Federation: “No one may be relieved of the right to this justice by that court or that judge, up to the jurisdiction of which is established by law.” This right, widely known in the West as the right to a lawful judge, to one’s own judge (div., for example, Article 101 of the Constitution of Germany), has never figured among us, theoretically, among the rights of people and citizens. The practice, in the necessary cases, has evolved to the norms of the CPC and the CPC, which provide for the transfer of evidence and methods of changing the jurisdiction established by law.
Vessel power in the sphere of the highest civil courts is implemented in three types of civil justice - by name, by provadzhenniya on the right, which is due to administrative and legal regulations, and by special provadzhenniya.
Each of them has its own characteristic signs, but a significant role in its scale is played, obviously, by continuous promotion (approximately 75 hundred of all civil certificates). In this order, in order to file a summons, the citizens stand before the court with their subjective rights and interests protected by law that arise from civil, family, labor, housing, pension, land and other rights Idnosin. The right to appear before the court (the right to present a summons) can only be exercised for the evidence of the singing minds transferred to the CPC. Among them is jurisdiction to this court
, disqualification of the positive person, availability of the valid document from the representative of the positive person, duly filled out the application (call card), payment in cases prescribed by law sovereign meeting. As soon as the minds of the judge are appointed, the court of goiter will be accepted before examining the poses (statement) of the giant. etc.) and always respond to the call.
It is clear that in today’s minds, in the context of new political and legal realities, the beginning of dispositivity (“disorder”) in civil justice most clearly illustrates the main idea of ​​the status of specialness in the community The benefits that are still widely popular are freedom, independence, individuality, originality., autonomy. The right to prosecution before trial (legal personality) is for everyone, including every person, and it is natural and inviolable. If you go so far as to defend your rights and freedoms and other methods not protected by law (Article 45 of the Constitution of the Russian Federation), you should also engage in self-protection of your civil rights (Article 14 of the Civil Code), - on the right, you are a special person. The highest quality of nutrition is not under the control of either the community or the state, but rather belongs to a specific individual - the most valuable substance of the commonwealth. Constitutional law on the ship's protection for singing minds can be implemented by a giant and in such a specific form of construction ship ownership
like arbitration proceedings.
Arbitration courts consider and determine the most economical superstructures, including one of the parties and communities that operate
In criminal justice, the right of citizens to judicial protection acquires specific characteristics through the uniqueness of this type of government activity.
In contrast to civil and arbitration proceedings, where the dispositive principle dominates, the criminal process is subject to the established principle of publicity (officiality), which prevails in the bodies of criminal reinvestigation (prosecutor, Therefore, disnavacha) “destroy the criminal law in the skin lesions, the identified sign of evil and implement all transfers of law coming in."
before the establishment of this evil, the vikrity of the guilty and their punishment." In other words, the planting individuals are required to initiate the process through their service and it is not necessary to ask for patience about the delay and punishment of the wine, and to bring Yogo bazhanyu. This diametrically dispositive principle signifies the nature of criminal justice. health, beatings, hardening, images.
The scourge of the victim in such cases determines his reaction to the commission of a virtuous act, and this reaction to the need to know to the court what kind of evil is in such acts (which may be of a casual nature). Criminal justice
on the right of private-public accusations, which are important to inform about the accusations without stringent circumstances, are also violated, at the entrance to the principle of publicity, except for the obviousness of the misery of the victim, otherwise it is impossible to know the basis for reconciliation with Thorin.
To finish the report on the right of citizens to brutality before trial, there is a mix of types of judicial acts recorded in Part 2 of Art.

118 of the Constitution of the Russian Federation, focus on the order and minds of the destruction of the big man for his protection of constitutional justice.

It should also be noted that checking the constitutionality of the law, which has been stagnated or promotes stagnation in a particular law (Part 4 of Article 125 of the Constitution of the Russian Federation), takes an important place in the activity of Constitutional Court of the Russian Federation, and the number of scargas and the brutality of the masses that must be reached No, it’s getting worse with skin fate1.

This intensification of the brutality of the communities before the Constitutional Court is explained by several reasons. First of all, the official law on the Constitutional Court of the Russian Federation for the administration does not require much, so that the scum on legal practice is submitted to the Court only after the scrounger has exhausted all the most important ways of revising the decision he has discredited. In a different way, about the real possibilities of the Court to help the citizens in their super-church with power, including the fact that there was a dubious law, they began to report regularly and report on the mass media, and their This advertisement did not go unmarked.

Thirdly, the individual scourges examined by the Constitutional Court were destroyed by such grief and pain that the publication of the decision, which, for one reason or another, was on the side of the people, gave rise to rich based on the hope that justice can be achieved through additional means of constitutional control.

The Russian Constitution placed an obligation on the state to recognize, pursue and protect the rights and freedoms of the people and citizens (Article 2).

According to the Constitution, every person is given the right:

Protect your interests in ways that are not protected by law; Disregard before the trial the decisions and actions (lack of action) of the authorities sovereign power

, local self-government, community associations and townspeople;

Return to interstate bodies for the protection of human rights and freedoms, as the obvious internal powers of legal protection have been exhausted.

This is to say that Russia recognizes the fundamental rights and freedoms of people, and declares the protection of the rights and freedoms of its citizens as one of the priority functions of the state.

First of all, we can characterize it as democratic and legal. The ship's guard is assigned the following main rices:

2. 1. Unobedience and secrecy. The ship's protection expands on the unbounded area.

The right to judicial protection is not deprived of the community, but of their association.

3. The Constitution of Russia is one hundred percent subject, the rightful and freedom of which is ensured by the court defense, uses the term “kozhen”, which reinforces the non-personalization of the ship defense. The fragments of the exchange of rights for everyday minds cannot be explained by the need to achieve the goals recognized by the Constitution: the protection of the foundations of constitutional order, morality, health, rights and legitimate interests of other individuals, defense of the country and security of the state.

The right to judicial protection will ensure the implementation of the rights and freedoms of citizens who have suffered from crimes and theft of power, in which the state will ensure access to justice and compensation for criminal harm (Article 52 of the Constitution of the Russian Federation), punishment for harm fueled by illegal actions (negligence) of the authorities (art. 53 of the Constitution of the Russian Federation).