Violation of the constitutional rights of citizens of the Russian Federation. On violations of constitutional human rights in Russia Violation of constitutional rights

The constitution is not the basic law of the state, but a collection of human rights that must be violated

We are told all the time that we live in a state of law based on the observance of the rule of law and complete freedom of the individual. Let's see together how and in what way constitutional human rights are violated. Let's look not as political scientists, sociologists and jurists, and certainly not as human rights activists, but as ordinary citizens of Russia, who exactly you and I are.

What will we be guided by and how to consider violation constitutional rights human here in Russia? Logic is inherent in every person and it is common to draw conclusions from facts, so let's do this, together, we will take an article of the constitution, compare it with facts and draw a conclusion whether the fundamental law of Russia is violated or not, constitutional human rights are violated or not.

So let's get started:

Can it be changed Chapter 2. Rights and freedoms of man and citizen Russian constitution? The unequivocal answer is no, and not by any additions or amendments adopted by legislators, the same constitution speaks about this - Article 135,
Chapter 9 - Constitutional amendments and revision of the Constitution. It states that if there is a desire to change Chapters 1, 2 and 9 of the constitution, a Constitutional Assembly must be convened and a popular vote must be taken when deciding to change these chapters. Why am I pointing this out at this point? And so that there is no desire for someone to say that they say additions and changes were added to Chapter 2 of the constitution. Who could add it, that state criminal - to his prison for a long time, for violating the basic law of the state and adopting any amendments to Chapter 2 of the constitution without a popular vote.

And so we established that Chapter 2 of the Constitution of the Russian Federation is unshakable, incomplete, invariable without a popular vote. And now let's move on to the analysis of Chapter 2 of the constitution itself.

Chapter 2. Rights and freedoms of man and citizen

Article 17

1. In Russian Federation the rights and freedoms of man and citizen are recognized and guaranteed in accordance with the universally recognized principles and norms of international law and in accordance with this Constitution.

2. Fundamental human rights and freedoms are inalienable and belong to everyone from birth.

3. The exercise of human and civil rights and freedoms must not violate the rights and freedoms of other persons.

Analysis: We agree that this article, let's say not violated because it's too general. But the rights and freedoms of man and citizen are recognized and guaranteed, and whether these guarantees are fulfilled is another question.

Article 18

The rights and freedoms of man and citizen are directly applicable. They determine the meaning, content and application of laws, the activities of the legislative and executive authorities, local self-government and are provided with justice.

Analysis: Does justice ensure the rights and freedoms of citizens? The answer is simple - read about the violations committed by law enforcement agencies, courts and legislative and executive branch and as a conclusion - this article of the constitution is violated. The guarantors of the constitution themselves do not enforce it.

Article 19

1. Everyone is equal before the law and the court.

2. The state guarantees the equality of human and civil rights and freedoms regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances. Any form of restriction of the rights of citizens on the grounds of social, racial, national, linguistic or religious affiliation is prohibited.

3. Man and woman have equal rights and freedoms and equal opportunities for their realization.

Analysis: 1 Everyone is not equal before the court - violated. Maybe someone will argue that the son of the mayor will sit down for a fight that he himself started and in which his nose was bloodied? No, the one who defended his honor and dignity will sit down.

2 But the second part is nonsense - everyone is equal before the law, regardless of property and official status. Yes, for sure, you tell this to those who were hit by the car of a boss or a big businessman, who lost in court a case that is absolutely clear to everyone, but not to a fair judge. This means that paragraph 2 of Article 19 is also violated.

3 Well, we will not argue about gender equality, we will decide - it is not violated. Everything rests again on point 2, what position a man or woman occupies. If it is the daughter of the chairman of the electoral committee of the region who knocked down a mother with children, then this is normal, but if she is beaten (by a man), let's say, by the governor's son, then she is to blame, and he is right. Equality among equals, in a word, and inequality among unequals, a pun directly, and not the observance of the constitution.

Article 20

1. Everyone has the right to life.

2. The death penalty until its abolition may be established federal law as an exceptional measure of punishment for especially grave crimes against life, while granting the accused the right to have his case considered by a jury.

Analysis: Yes, everyone has the right to life, but to a very different one. The death penalty is not carried out - this is also indisputable. The general conclusion is that this article is not violated.

Article 21

1. The dignity of the individual is protected by the state. Nothing can be grounds for belittling him.

2. No one shall be subjected to torture, violence, other cruel or degrading treatment or punishment. No one can be subjected to medical, scientific or other experiments without voluntary consent.

Analysis: 1 How does our state protect dignity? How, how, and if you don’t know, then go to an unauthorized rally and there they will explain to you with a baton on the back.

2. Read about torture, violence and other cruelties in official sources on violations of our law enforcement officers and what is it for them, what punishment is a reprimand if a serious scandal is kicked out of law enforcement officers for half a year. Are medical experiments being conducted on us? The answer will be given by mothers of babies who died from experimental vaccines and affected patients on whom the doctor tested imported medicine, well, not for free, of course, pharmacists feed doctors very generously. The final conclusion is that Article 21 is violated in full.

Article 22

1. Everyone has the right to liberty and security of person.

2. Arrest, detention and detention are allowed only by a court decision. Before judgment a person may not be detained for more than 48 hours.

Analysis: In general, briefly - in 48 hours it is necessary to knock out testimony and confessions in all crimes that a person did not commit. You have seen how the constitution is being implemented - if you are not a weakling and do not break in 48 hours - they will release you, go for a walk, kid - you are free.

Article 23

1. Everyone has the right to privacy, personal and family secrets, protection of his honor and good name.

2. Everyone has the right to privacy of correspondence, telephone conversations, postal, telegraphic and other communications. Restriction of this right is allowed only on the basis of a court decision.

Analysis: Here, the leaders in maintaining family secrets and confidentiality are hospitals. Half of the regional center will know tomorrow that the unmarried Manya is pregnant, just go to the reception, this is the same as putting an ad in the newspaper. Or who doesn’t know the situation Vanya passed the test, and he has a venereal disease, of course everyone will know about it in 5 minutes, and Vanya caught it in a domestic way, runs to his wife and yells, you know what. The family is breaking up, but maybe the wife would have believed if there hadn't been publicity, but here, well, how to live with a traitor, she also believes that he cheated. The general conclusion - in secret to the whole world, all private life - the article is violated. If you want all your friends to know about your health problems, do not write an ad in the newspaper - go to the hospital, you may not be cured, but they will tell the whole world how seriously ill you are.

Article 24

1. Collection, storage, use and dissemination of information about the private life of a person without his consent is not allowed.

2. State authorities and local governments, their officials are obliged to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect their rights and freedoms, unless otherwise provided by law.

Analysis The same as in the previous article, plus the fact that some documents from administrations of any level can only be obtained by a court decision, and the court may even decide that it does not concern you, on the basis of which 3-4 acres were sawn off from your garden. The article is violated without a doubt.

Without a doubt, it is possible to analyze all 64 articles of Chapter 2 of the Constitution of the Russian Federation and everywhere we will find violations. See which of our rights are not being violated. Yes, violations go on the list from Article 17 to Article 64, with rare exceptions, mainly due to the vagueness of the wording.

Let's look at a couple more articles, well, very relevant, which are not just violated, but violated maliciously and deliberately.

Article 28

Everyone is guaranteed freedom of conscience, freedom of religion, including the right to profess individually or jointly with others any religion or not to profess any, freely choose, have and disseminate religious and other beliefs and act in accordance with them.

Analysis: Suppose I am a convinced atheist, without any malicious intent and kindling something there, I say that all priests, mullahs, rabbis, satanists are obscurantists who rob the already impoverished population. Well, you see, I have such convictions and at the same time I respect people who believe, well, if they remain in my understanding at all. Judging by the actions of people, you can’t tell who is now fulfilling the commandments of their gods, by the way, very good commandments. Well, that means I'm violating the law on incitement to religious hatred. So I do not urge Orthodox Muslims and Jews to fight, I urge not to be mistaken not to believe in this prehistoric savagery. But it wasn’t there, I undermine faith with my statements all at once, and the authorities and the oligarchs need it so much, because it’s conveniently hit on the cheek - turn the other one, any government is sent by God. So the president comes out to pray in the synagogue or Orthodox church- he is good, and I say that he has no faith in either God or hell or Allah, and even more so in people, I am an instigator of religious hatred. And what should I do if I am a militant atheist and really believe that believers are mistaken, allowing all sorts of crooks to manage them like a herd. The state does not care about my freedom of conscience. Well, you can write a treatise on the propaganda of religion of all kinds, there is definitely pressure at the state level, believing is good, not believing means inciting some kind of discord, well, we have a lot of incitement. He said that you are Russian, not a Russian, and you are already a nationalist, let’s say the boy put on a T-shirt with the inscription “I am Russian”, that’s all, he is almost a fascist. Well, we have such freedom of conscience and religion.

And now, the wonderful Article 31 of the constitution, so to speak, for dessert.

Article 31

Citizens of the Russian Federation have the right to assemble peacefully without weapons, to hold meetings, rallies and demonstrations, processions and picketing.

Analysis: Are you still able to read everything with our guaranteed free education? Well, then, who will read to me here that before going to a rally or demonstration without weapons, you need some kind of permission or sanction from some kind of administration? Here and I don't see any permissions required. So why do they get these permits? Perhaps no one has read the constitution? No, many have read it. So what's happening to us? And we just got used to the fact that the constitution is no longer a law in Russia, that anyone can violate constitutional human rights.

Well, on this life-affirming note, let me finish our reflections on the violation of constitutional rights, on the violation of all human rights in general. So what kind of state are we talking about? About the legal, well, whoever thinks that he lives in a legal free state - read your rights written in the constitution and compare with the current state of affairs. Can someone say that this is all a preconceived notion? Now tell me, is it possible to be both a free man and a slave at the same time? The second question is – have many of you not taken a loan from a bank? From what I know, very few, isn't that banking slavery? And who gave the right to usurers to rip off the already impoverished population, and no one, did not find such an article in the constitution. This is how we get it according to concepts, and we live not according to the constitution, but according to concepts. Our state is an oligarchic and mafia structure - a vertical for the suppression of freedom of thought, freedom of conscience, freedom of speech, in general, any freedom in any manifestation. What can we say about the violation of human rights or the violation of the constitution. The law is always the same - the mafia is always right.

P.S. if you are interested in the issues of violation of constitutional human rights and violation of the Russian constitution, you can read this

Ivanova E.A., Senior Lecturer, Academy of Economic Security of the Ministry of Internal Affairs of Russia.

In the article by E.A. Ivanova raised a very topical problem in the last few years - a criminal violation of the constitutional rights of citizens committed during the preliminary investigation. Unfortunately, we have to state that quite often in criminal proceedings, for the sake of the falsely understood interests of the service, indicators, and sometimes personal interests, the innocent are brought to justice, evidence is falsified, and illegal methods of influence are used. The author competently (as a former investigator with a fairly solid work experience) analyzed the reasons for the current situation.

Recognition, observance and protection of the rights and freedoms of man and citizen in accordance with the Constitution are the duty of the state (Article 2 of the Constitution). Criminal justice, being one of the types of state activity, embodying the constitutional provision on the highest value of a person, his rights and freedoms, has as its purpose both the protection of the rights and legitimate interests of persons and organizations victims of a crime, and the protection of the individual from illegal and unreasonable accusations, convictions, restrictions on her rights and freedoms (Article 6 of the Code of Criminal Procedure of the Russian Federation). Violation of the constitutional rights of citizens in the course of the investigation of a criminal case is unacceptable. The appointment of criminal proceedings can be achieved only with strict and strict observance of the requirements of the law in the proceedings on a criminal case.

However, as C. Montesquieu noted, "every person who has power tends to abuse it"<1>. Unfortunately, the officials of the preliminary investigation bodies, being endowed with significant powers, are no exception. The constitutional rights of citizens, including the rights to freedom and personal integrity, to the protection of the dignity of the individual, other rights and legitimate interests of citizens, are jeopardized by illegal criminal prosecution. A significant violation of the law, committed during the investigation, causes a real danger of an unlawful sentence.

<1>Montesquieu Sh. Selected works. M., 1955. S. 289.

Violations of the law and, as a result, the rights of citizens have been accompanying the production of a preliminary investigation for a long time. Such violations that took place more than 20 years ago, such as illegal refusals to initiate criminal cases and unreasonable initiation of criminal cases, non-compliance with procedural instructions during investigative actions, making illegal decisions to bring a person as an accused, making illegal decisions at the end of criminal proceedings with an indictment, at the termination of criminal cases and other<2>are still widely used today. These violations can be both the result of abuse by interrogators and investigators, and the result of their lack of professionalism. Of all the violations committed, it is necessary to highlight those that are related to ensuring the constitutional rights and legitimate interests of citizens, such as illegal arrests and detentions, criminal prosecution of the innocent, falsification of evidence, etc.

<2>Smitienko Z.D. Implementation of the principle of socialist legality in the activities of the investigator // Problems of further strengthening socialist legality in the activities of internal affairs bodies. Kyiv, 1986. S. 86 - 87.

Despite the fact that close attention has always been paid to the issues of compliance with the law during the preliminary investigation, violations of the rights of citizens during the preliminary investigation have become last years massive character. Criminal violations of the constitutional rights of citizens during the preliminary investigation have become the norm.

The figures of official statistics do not reflect the real state of affairs in the field of observance of the rights and legitimate interests of citizens during the preliminary investigation. In particular, according to the GIAC of the Ministry of Internal Affairs of Russia, crimes under Art. 299 of the Criminal Code of the Russian Federation (bringing a knowingly innocent person to criminal liability) was registered in 1997 - 7, in 1998 - 4, in 1999 - 3, in 2000 - 6, in 2001 - 10, in 2002 - 3, in 2003 - 6, in 2004 - 4, in 2005 - 4, in 2006 - 9, in 2007 - 3, i.е. in 11 years, only 59 crimes under Art. 299 of the Criminal Code of the Russian Federation. It can be argued that the crimes in question can be classified as crimes with high level latency.

Not only the media, the Ombudsman, lawyers, the results of sociological surveys, but also judges and even the investigators themselves are talking about the violation of the constitutional rights of citizens during the preliminary investigation.

"Modern investigators are accused of low professionalism, red tape, bias, dependence on superiors, the use of torture, a false understanding of a sense of duty"<3>. Thus, a group of lawyers on the pages of the journal "Legality" says that "the level of investigative work in Russia today is very far from what is necessary. Tens of thousands of Russian citizens feel this... With the protection of the rights and freedoms of both the victim and the accused, the case the situation is alarming... But legality, as it was in the corral, has remained... During the investigation, gross violations of the rights of the accused and victims, the rules established by law for the conduct of investigative actions are allowed. , and the arrest of people who do not think about hiding from the investigation, and an illiterate, careless inspection of the scene ... "<4>. The chairman of one of the city courts of the Moscow Region, speaking about the existing negative phenomena in the activities of law enforcement agencies, notes that "in judicial practice there are criminal cases when persons who have nothing to do with this and are not subjects of these crimes are held accountable for tax crimes , however, fully admitting guilt and even repenting of their deeds "<5>.

<3>Kolokolov N.A. Strengthening the power of the investigative // Criminal process. 2007. N 7. URL: http://www.arbitr-praktika.ru/Arch/2007/up2007-7.htm.
<4>Panicheva A., Pokhmelkin A., Kostanov Yu., Rumyantsev V., Reshitilova I. Do not leave the investigator neglected // Legality. 2008. N 5. S. 7 - 8.
<5>Kadolko K.A. Who will dispel the shadow of lawlessness, or On some issues of the criminological function of the judiciary // Russian justice. 2006. N 8. S. 60.

As you know, any crime is the result of the interaction of the individual and the external environment. Without considering the entire causal complex of crimes that infringe on the constitutional rights of citizens during the preliminary investigation, I would like to dwell on certain aspects that determine the crimes of this category.

It is human nature to violate the rule of law. Russian legal consciousness is surprisingly indifferent to questions of form and to everything formal. Violation of the procedure takes place constantly, although all procedures are determined by law. Neglect of form, ignoring formal legal motives - the most widespread and most intractable disease<6>. The attitude to the law in Russia at the present stage is characterized as legal nihilism, rapidly developing into legal cynicism.<7>. Participants in criminal proceedings (investigators, investigators, prosecutors), violating written norms, feel very comfortable, because their colleagues do the same<8>. It is noted in the legal literature that there are officials, both in the Ministry of Internal Affairs and in the prosecutor's office, who are so accustomed to the systematic violation of laws that they no longer notice that they are committing crimes.<9>.

<6>Pastukhov V. What people do not like in Russian justice // Russian justice. 1998. N 8. S. 23.
<7>Kostanov Yu. They wanted the best ... // Legality. 2004. N 4. S. 44.
<8>Kolokolov N.A. " Litigation"should be transformed into law // Ensuring the rule of law in Russian criminal proceedings: Materials of the international scientific and practical conference. Saransk, 2006. P. 38.
<9>Konstantinov V.V. Law in the shadow of lawlessness // Russian justice. 2005. N 9. S. 4.

Accurate compliance with the norms of laws often leads to an increase in the duration of the investigation, creates additional difficulties, which causes negative moods among employees. Under certain conditions, they may be tempted to violate legal procedures in order to stop criminal activity.<10>.

<10>Altukhov S.A. Crimes of police officers (concept, types and features of prevention). SPb., 2001. S. 66.

The use of illegal methods as a way to obtain the necessary information is often used when it is not possible to obtain the necessary data in a legal way. It is no secret that over the past decades, the rights of participants in criminal proceedings on the part of the defense (suspected, accused, defense counsel) have been significantly expanded. The emergence of rights corresponded with the emergence of duties for officials of the bodies of preliminary investigation. In addition, in the wake of democratic reforms carried out in the country, the factor of fear that had existed for a long time among the population disappeared. Citizens ceased to meekly comply with all the demands of officials, and began to analyze them from the point of view of legality and validity, and sometimes even (not without the help of lawyers) began to actively oppose law enforcement agencies. Also, due to the unsatisfactory financial position a significant number of experienced professionals left the law enforcement agencies, and thus the continuity of generations was lost. Many investigators were not ready to work in such conditions within the legal framework.

Today, the reality is that the vast majority of investigators and heads of investigative agencies have no more than three, at best five years of experience. The level of knowledge and professional training of investigators leaves much to be desired<11>. As quite rightly noted by V.V. Luneev, an analysis of criminal cases of various categories, especially economic crimes, shows that they are committed by professionals, and, as a rule, amateurs are investigating<12>.

<11>Khlopushin S. Application of the Code of Criminal Procedure after amendments // Legality. 2008. No. 4. S. 11.
<12>Luneev V.V. Crime of the XX century: global, regional and Russian trends. M., 2005. S. 86.

“None of us is protected, on the one hand, from criminals, and on the other hand, from the arbitrariness of those who are called upon to guard human rights,” writes Yu.I. Stetsovsky, “the consciousness of many investigators and other lawyers is distorted. From their point of view view, the law seems to be impossible to deny, but after all, if you fulfill it, then you won’t catch and you won’t condemn<13>.

<13>Stetsovsky Yu.I. The right to liberty and security of person: norms and reality. M., 2000. S. 170.

"A normal democratic society cannot afford to fight crime with its methods, although this is often effective"<14>. Violation of the constitutional rights of citizens during the preliminary investigation is unacceptable. The constitutional rights and freedoms of citizens must be reliably protected not only from criminal encroachments, but also from the arbitrariness of power. Every right can be exercised when it corresponds to someone's duty. Every state body, every official conducting criminal proceedings must strictly comply with the requirements of the Constitution and other laws. In a legal democratic state, it is impossible to carry out law enforcement activities by illegal (criminal) means.

<14>Luneev V.V. Decree. op. S. 82.

To the Constitutional Court of the Russian Federation

Email: ________________

Applicant: _________________________
Address: _______________________
Tel: ________________

COMPLAINT
For violation of the constitutional rights and freedoms of man and citizen By order of the head of the UVO at the Central Internal Affairs Directorate of Moscow, militia colonel ______________ dated ___________, No. ____ l / s, by the decision of the Lyublinsky District Court of Moscow dated _______

I am born ____________________ __________ until ________, he was an employee of the Office of Private Security at the Central Internal Affairs Directorate of the city of Moscow and served in the rank of senior police lieutenant as an inspector of service of the 7th linear department of the 7th police department.
In _____, the head of the personnel department of the UVO at the Main Department of Internal Affairs of Moscow, police major ___________, in violation of my constitutional rights and current legislation, in every possible way forced me to undergo state fingerprint registration. After I gave ____________ a fully justified refusal to undergo fingerprint registration, with references to the legislative norms that I was guided by, I was fired under clause “l” of Art. 19 of the Law of the Russian Federation "On the Police" for gross violation of discipline (Order of the head of the UVO at the Central Internal Affairs Directorate of Moscow, police colonel ____________ dated _________ No. _____).
So, in accordance with Art. 4 of the Federal Law of July 25, 1998 N 128-FZ "On State Fingerprint Registration in the Russian Federation" state fingerprint registration is carried out in compliance with the rights and freedoms of man and citizen established by the Constitution of the Russian Federation, in accordance with the principles of legality, humanism, confidentiality, a combination of voluntariness and obligation.

In accordance with Art. 9 of the Federal Law of July 25, 1998 N 128-FZ “On State Fingerprint Registration in the Russian Federation”, citizens of the Russian Federation serving in internal affairs bodies are subject to mandatory state fingerprint registration.
The order of the head of the UVO at the Central Internal Affairs Directorate of Moscow, militia colonel ____________ dated __________, No. ________ was appealed by the All-Russian political movement “In support of the army, defense industry and Military Science" to the Lyublinsky District Court of Moscow.
By the decision of the judge __________ of the Lyublinsky District Court of the City of Moscow dated ___________, it was refused to recognize the above Order on dismissal as illegal, to cancel it, to reinstate the provision of all types of allowance, and to grant leave.
Disagreeing with the said court decision, I and the all-Russian political movement "In support of the army, defense industry and military science" filed cassation appeals to the Moscow City Court, but by the Decision of the Judicial Collegium for Civil Cases of the Moscow City Court dated __________, both cassation appeals were dismissed, and the decision of the court of first instance remained unchanged.
After me and the all-Russian political movement "In support of the army, defense industry and military science" supervisory complaints were filed, but they were also left without satisfaction.

At the same time, the court of first and subsequent instances committed gross violations of my constitutional rights. When the order was issued by the head of the UVO at the Central Internal Affairs Directorate of Moscow, militia colonel _____________ dated __________, No. _______, and after that the court misinterpreted the norms of the Federal Law “On State Fingerprint Registration”, their correlation with the Constitution of the Russian Federation was not carried out.
After my dismissal, I turned for help and clarification to the Deputy of the State Duma - ________________, who, in response to my application dated __________, No. ___________, stated the following.

As I mentioned earlier, in accordance with Art. 4 of the Federal Law of July 25, 1998 N 128-FZ "On State Fingerprint Registration in the Russian Federation" state fingerprint registration is carried out in compliance with the rights and freedoms of man and citizen established by the Constitution of the Russian Federation, in accordance with the principles of legality, humanism, confidentiality, a combination of voluntariness and obligation.
Carrying out state fingerprint registration should not pose a danger to human health, humiliate his honor and dignity.

Thus, if ____________. voluntarily did not want, for some reason, to undergo mandatory state fingerprint registration, then no one has the right to force him, to subject him to mandatory state fingerprint registration, because otherwise it already becomes compulsory, and not mandatory, which will be a violation of the principles of legality, humanism , and, most importantly, voluntariness, since it is impossible to force him to undergo the specified registration without humiliating his honor and dignity. Moreover, the dismissal of ___________ for this reason is illegal, since it, under the circumstances described above, is an unconditional violation of Art. 1,2,6 (part 2), 15-18,21,22 of the Constitution of the Russian Federation.
In accordance with Art. 1 of the Constitution of the Russian Federation The Russian Federation - Russia is a democratic federal legal state with a republican form of government.
In accordance with Art. 2 of the Constitution of the Russian Federation, a person, his rights and freedoms are the highest value. Recognition, observance and protection of the rights and freedoms of man and citizen is the duty of the state.
In accordance with Art. 6 (part 2) of the Constitution of the Russian Federation, every citizen of the Russian Federation has all the rights and freedoms on its territory and bears equal obligations stipulated by the Constitution of the Russian Federation.
In accordance with Art. 15 The Constitution of the Russian Federation has the highest legal force, direct effect and is applied throughout the Russian Federation. Laws and other legal acts adopted in the Russian Federation must not contradict the Constitution of the Russian Federation.
State authorities, local self-government bodies, officials, citizens and their associations are obliged to comply with the Constitution of the Russian Federation and laws.
In accordance with Art. 17 of the Constitution of the Russian Federation The Russian Federation recognizes and guarantees the rights and freedoms of man and citizen in accordance with the generally recognized principles and norms of international law and in accordance with this Constitution.
Fundamental human rights and freedoms are inalienable and belong to everyone from birth.
In accordance with Art. 18 of the Constitution of the Russian Federation, the rights and freedoms of man and citizen are directly applicable. They determine the meaning, content and application of laws, the activities of the legislative and executive authorities, local self-government and are provided with justice.
In accordance with Art. 21 of the Constitution of the Russian Federation, the dignity of the individual is protected by the state. Nothing can be grounds for belittling him.
No one shall be subjected to torture, violence, other cruel or degrading treatment or punishment. No one can be subjected to medical, scientific or other experiments without voluntary consent.
In accordance with Art. 22 of the Constitution of the Russian Federation, everyone has the right to freedom and personal inviolability.

Giving an interpretation of the content of the requirements of the Federal Law of July 25, 1998 N 128-FZ “On State Fingerprint Registration in the Russian Federation”, __________ was guided not so much by the practice of its application, but by the real meaning inherent in it. ___________ was directly involved in the development of this Federal Law and in his response gave it an authentic interpretation.
It should be noted that the decision of the court of first instance contains only references to the Federal Law of July 25, 1998 N 128-FZ “On State Fingerprint Registration in the Russian Federation”, without the necessary correlation with the provisions of the Constitution of the Russian Federation.
At the same time, in accordance with Art. 3 of the Federal Law of July 25, 1998 N 128-FZ “On State Fingerprint Registration in the Russian Federation”, the legal basis for state fingerprint registration is the Constitution of the Russian Federation, this Federal Law, other federal laws, other regulatory legal acts of federal state bodies adopted in accordance with them authorities, as well as generally recognized principles and norms of international law, international treaties of the Russian Federation.

The Court sees no difference between the words "mandatory" and "compulsory".
I, as an employee of the internal affairs bodies, was “subject to” mandatory fingerprint registration, which implies my ability to pass it on an oral application and at the same time, the duty of the police to carry it out, in contrast to voluntary fingerprint registration, where a written application is required. This is precisely the combination of the principle of voluntariness and obligation.
In reality, it turns out that I, as a police officer, was put on a par with persons recognized by the court as criminals. The principle of voluntariness of obligation was perverted so much that it turned into the principle of coercion and punitiveness.
I, like any citizen of the Russian Federation, in accordance with Art. 22 of the Constitution of the Russian Federation, I have the right to personal inviolability, which implies the inadmissibility of any outside interference in the area of individual life of a person and includes physical (bodily) integrity and mental integrity.
Ensuring the physical integrity of a person involves the creation of sufficient state guarantees against any encroachment on life, health, sexual integrity, freedom physical activity both on the part of the state represented by its bodies and officials, and on the part of individual citizens.
Ensuring mental integrity covers a set of measures aimed at protecting the mental and moral health of the individual, the intellectual and volitional spheres of human consciousness from encroachments (Commentary on the Constitution of the Russian Federation. General version by Yu.V. Kudryavtsev - M .: Legal Culture Foundation, 1996-552 With.).
Moreover, in accordance with Art. 2, 5 of the "Code of Conduct for Law Enforcement Officials" (Adopted on 12/17/1979 by Resolution 34/169 at the 106th plenary session of the UN General Assembly) in the performance of their duties, law enforcement officials respect and protect human dignity and uphold and protect the rights person in relation to all persons.
No law enforcement official may carry out, incite or tolerate any act that constitutes torture or other cruel, inhuman or degrading treatment or punishment.

In accordance with Art. 36 of the Federal Constitutional Law of July 21, 1994 N 1-FKZ “On the Constitutional Court of the Russian Federation”, the reason for the consideration of the case in the Constitutional Court of the Russian Federation is an appeal to the Constitutional Court of the Russian Federation in the form of a request, petition or complaint that meets the requirements of this Federal constitutional law.
The basis for the consideration of the case is the revealed uncertainty in the question of whether the Constitution of the Russian Federation corresponds to a law, other normative act, an agreement between state authorities that has not entered into force an international agreement, or a contradiction in the positions of the parties on the ownership of powers in disputes about competence, or the revealed uncertainty in understanding the provisions of the Constitution of the Russian Federation, or the State Duma accusing the President of the Russian Federation of high treason or committing another grave crime.

In my opinion, the Order of the Head of the UVO at the Main Department of Internal Affairs of Moscow, Colonel of Militia ____________ dated __________, No. ______ and the Decision of the Lyublinsky District Court of Moscow dated ________ are illegal and run counter to generally accepted interpretations of the Constitutional rights and freedoms of a person. In both cases, there is uncertainty in understanding the provisions of the Constitution of the Russian Federation, and therefore they are subject to verification.
So, in accordance with Art. 38 of the Federal Constitutional Law of July 21, 1994 N 1-FKZ “On the Constitutional Court of the Russian Federation”, I can attach to my complaint a list of persons (witnesses and experts) whom it is proposed to summon to a session of the Constitutional Court of the Russian Federation. Using my right, I ask to summon to the session of the Constitutional Court of the Russian Federation Deputy - lawyer ___________________.

Based on the foregoing and guided by the constitution of the Russian Federation, Federal Constitutional Law No. 1-FKZ of July 21, 1994 “On the Constitutional Court of the Russian Federation”

1. Recognize as inconsistent with the Constitution of the Russian Federation the Order of the Head of the UVO at the Central Internal Affairs Directorate of Moscow, Colonel of Militia _____________ of __________, No. _________ and the Decision of the Lyublinsky District Court of the City of Moscow of ___________;

Application:
1. Receipt of payment of the state fee;
2. A copy of the Order of the head of the UVO at the Central Internal Affairs Directorate of Moscow, militia colonel ______________ dated ____________, No. ______;
3. A copy of the Decision of the Lyublinsky District Court of the City of Moscow dated ____________;
4. A copy of the letter of the Deputy ____________ dated _________, No. _________;
5. List of persons to be summoned to a session of the Constitutional Court of the Russian Federation;

« »______________2014 _________________/______________

What will we be guided by and how to consider violation of constitutional human rights here in Russia? Logic is inherent in every person and it is common to draw conclusions from facts, so let's do this, together, we will take an article of the constitution, compare it with facts and draw a conclusion whether the fundamental law of Russia is violated or not, constitutional human rights are violated or not.

So let's get started:

Chapter 2. Rights and freedoms of man and citizen

Article 17

1. The Russian Federation recognizes and guarantees the rights and freedoms of man and citizen in accordance with the generally recognized principles and norms of international law and in accordance with this Constitution.

2. Fundamental human rights and freedoms are inalienable and belong to everyone from birth.

3. The exercise of human and civil rights and freedoms must not violate the rights and freedoms of other persons.

Article 18

Analysis: Does justice ensure the rights and freedoms of citizens? The answer is simple - read about the violations committed by law enforcement agencies, courts and the legislative and executive authorities, and as a conclusion - this article of the constitution is being violated. The guarantors of the constitution themselves do not enforce it.

Article 19

1. Everyone is equal before the law and the court.

3. A man and a woman have equal rights and freedoms and equal opportunities for their realization.

Article 20

1. Everyone has the right to life.

2. Until its abolition, the death penalty may be established by federal law as an exceptional measure of punishment for especially grave crimes against life, provided that the accused has the right to have his case heard by a jury.

Article 21

1. The dignity of the individual is protected by the state. Nothing can be grounds for belittling him.

2. No one shall be subjected to torture, violence, other cruel or degrading treatment or punishment. No one can be subjected to medical, scientific or other experiments without voluntary consent.

Analysis: 1 How does our state protect dignity? How, how, and if you don’t know, then go to an unauthorized rally and there they will explain to you with a baton on the back.

Article 22

1. Everyone has the right to liberty and security of person.

2. Arrest, detention and detention are allowed only by a court decision. Pending a court decision, a person may not be detained for more than 48 hours.

Article 23

1. Everyone has the right to privacy, personal and family secrets, protection of his honor and good name.

Article 24

1. Collection, storage, use and dissemination of information about the private life of a person without his consent is not allowed.

2. Bodies of state power and bodies of local self-government, their officials are obliged to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect their rights and freedoms, unless otherwise provided by law.

Let's look at a couple more articles, well, very relevant, which are not just violated, but violated maliciously and deliberately.

Article 28

Analysis: Suppose I am a convinced atheist, without any malicious intent and kindling something there, I say that all priests, mullahs, rabbis, satanists are obscurantists who rob the already impoverished population. Well, you see, I have such convictions and at the same time I respect people who believe, well, if they remain in my understanding at all. Judging by the actions of people, you can’t tell who is now fulfilling the commandments of their gods, by the way, very good commandments. Well, that means I'm violating the law on incitement to religious hatred. So I do not urge Orthodox Muslims and Jews to fight, I urge not to be mistaken not to believe in this prehistoric savagery. But it wasn’t there, I undermine faith with my statements all at once, and the authorities and the oligarchs need it so much, because it’s conveniently hit on the cheek - turn the other one, any government is sent by God. So the president comes out and prays in a synagogue or an Orthodox church - he is good, and I say that he has no faith in either God or hell or Allah, and even more so in people, I am an instigator of religious hatred. And what should I do if I am a militant atheist and really believe that believers are mistaken, allowing all sorts of crooks to manage them like a herd. The state does not care about my freedom of conscience. Well, you can write a treatise on the propaganda of religion of all kinds, there is definitely pressure at the state level, believing is good, not believing means inciting some kind of discord, well, we have a lot of incitement. He said that you are Russian, not a Russian, and you are already a nationalist, let’s say the boy put on a T-shirt with the inscription “I am Russian”, that’s all, he is almost a fascist. Well, we have such freedom of conscience and religion.

And now, the wonderful Article 31 of the constitution, so to speak, for dessert.

Article 31

Citizens of the Russian Federation have the right to assemble peacefully without weapons, to hold meetings, rallies and demonstrations, processions and picketing.

Timoshkin Nikita Sergeevich,
Omsk Law Academy, Omsk

In the Russian Federation, in accordance with the current Constitutional system, personal rights and freedoms of a person and citizen are of priority importance, and are the highest value of society and the state. According to part 2 of Art. 55 of the Constitution of the Russian Federation, laws should not be issued in the Russian Federation that abolish or diminish the rights and freedoms of man and citizen. In this connection, no one can deprive a person of his legal rights.

However, along with this, according to part 3 of Art. 55 of the Constitution of the Russian Federation, the rights and freedoms of man and citizen can still be limited by federal law, but only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the defense of the country and state security. Thus, the Constitution of the Russian Federation introduces the institution of restriction of human rights and freedoms under certain conditions, and in the presence of strictly defined grounds.

Let's take a closer look at this institution. In the vast majority of cases, the rights of a person (citizen) are limited due to the commission by the latter of any legally completed offense, both criminal and administrative, or if he commits any other criminal encroachments against society or the state. Thus, human rights may be restricted in the event that the latter has affected or violated the legal rights and freedoms of others. In fact, this is one of the principles of democracy - "the freedom of one person ends where the freedom of another begins." But are these restrictions always applied lawfully in relation to the subject, and are all constitutional norms observed? This question arises and will always arise, therefore, several options for unlawful restriction of rights should be considered:

- So, according to Part 2 of Art. 22 of the Constitution of the Russian Federation, until a court decision, a person cannot be detained for a period of more than 48 hours.

De facto, this rule is not always observed. In accordance with the criminal procedure legislation, namely, paragraph 11 of Art. 5 of the Code of Criminal Procedure of the Russian Federation, the term for calculating the above 48 clock is ticking from the moment of the actual detention of the person. However, the body that initially detained the person may keep him in his subdivision for a certain amount of time, and in the future, due to operational interest, transfer the person to another territorial body, often located in a remote part of a particular subject of the Russian Federation. In this connection, taking into account the travel time and the time of carrying out any pre-investigative actions, the said detention, as a rule, does not fall within the 48-hour limit. At the same time, the body of inquiry does not have a court decision in these cases, and, accordingly, the truth of a citizen is not lawfully limited.

- According to part 1 of Art. 24 of the Constitution of the Russian Federation, the collection, storage, use and dissemination of information about the private life of a person without his consent is not allowed.

In fact, this rule is very often violated by some media, namely in cases where journalists collect scandalous information about famous personalities and distribute it on the Internet and other mass sources, thereby raising their commercial ratings and violating privacy rights. An example is the recent appearance in the media of a photograph of the sick singer Zhanna Friska, which was taken by photojournalists against the wishes of the singer and her relatives. Private detective activity can also be attributed to this industry, in cases where a detective, on behalf of a client, collects personal information about a specific person. Although Art. 7 Law of the Russian Federation of March 11, 1992 N 2487-1 "On private detective and security activities in the Russian Federation" it is forbidden to collect information related to personal life, political and religious beliefs of individuals.

- According to part 1 of Art. 27 of the Constitution of the Russian Federation, everyone who is legally located on the territory of the Russian Federation has the right to move freely, choose a place of stay and residence.

In turn, the right of free movement is one of the most significant manifestations of individual human freedom. Thus, a person who is legally on the territory of the Russian Federation has the right to move freely throughout the territory of the Russian Federation, with the exception of closed (private) facilities. However, violations of this rule also take place. A striking example: the fencing of house adjoining and courtyard areas of multi-storey, apartment buildings various fences that can only be opened with a key. In this connection, a citizen who does not live in this house and does not have a key cannot enter the indicated municipal territory, in fact, without being able to move freely. Accordingly, in this case, his rights are limited.

- According to Part 2 of Art. 29 of the Constitution of the Russian Federation, propaganda or agitation that incite social, racial, national or religious hatred and enmity is not allowed. Propaganda of social, racial, national, religious or linguistic superiority is prohibited.

However, contrary to this rule, certain politicians Those who have parliamentary immunity, in the course of debates, or any other discussions and speeches, often allow statements of a nationalist nature, thereby provoking the civilian population to national hatred and enmity.

So on January 20, 2011, in the TV program “Duel” on the channel “Russia 1”, Vladimir Zhirinovsky allowed himself nationalist statements. In his statements, he repeatedly insulted representatives of the peoples North Caucasus trying to represent them with negative side. In fact, Zhirinovsky's statements were of a nationalist nature.

Economic, social and cultural rights and freedoms are essential to human life. Therefore, in the interests of society, it becomes necessary to protect the vital rights of a person from economic arbitrariness and social injustice, and also to give him the strength for spiritual development and the manifestation of his abilities.

- In accordance with Part 1 of Art. 34 of the Constitution of the Russian Federation "Everyone has the right to free use of their abilities and property for entrepreneurial and other economic activities not prohibited by law."

Recently, businessmen are increasingly talking about the facts of pressure on business by initiating “custom-made” criminal cases, confiscating financial and economic documentation from entrepreneurs, and so on.

- According to part 1 of Art. 36 of the Constitution of the Russian Federation "Citizens and their associations have the right to have land in private ownership."

The problem of rights to land plots in gardening associations is acute. In cases where such sites are located near or on the territory of cities, they are often withdrawn without sufficient grounds. The compensation paid does not correspond to the market price of the site and buildings on it.

- According to part 3 of Art. 37 of the Constitution of the Russian Federation "everyone has the right to work in conditions that meet the requirements of safety and hygiene."

Here you can give thousands of examples confirming violations of this provision by employers. For example, vivid examples are the operation of buses, fixed-route taxis, ships, aircraft, industrial equipment, whose service life has expired and they are trying to increase it - and in some cases even without any repairs. Here we can recall the disaster of the ship "Bulgaria".

- In accordance with Part 1 of Art. 39 of the Constitution of the Russian Federation "Everyone is guaranteed social security by age, in case of illness, disability, loss of a breadwinner, for the upbringing of children and in other cases established by law."

But what do we actually see? Here are the official figures for 2013:

- the average size of the social pension is 6169 rubles:

- the pension of a disabled person of the 3rd group is 4617 rubles;

- monthly allowance for a child under 1.5 years old 2453 rubles;

– child benefit for the loss of a breadwinner 3495 rubles;

- In accordance with Part 2 of Art. 40 of the Constitution of the Russian Federation "State authorities and local governments encourage housing construction, create conditions for the exercise of the right to housing."

If you pay attention to the large size of interest rates for mortgage lending, which range from 13% (for example, in European countries percentage is 3-4%) and small size wages state employees, we see that state authorities and local self-government bodies do not create any conditions for exercising the right of citizens to housing. This violates the rights of citizens.

- According to part 3 of Art. 40 of the Constitution of the Russian Federation “poor, other citizens specified in the law who need housing, it is provided free of charge or for an affordable fee from state, municipal and other housing stock in accordance with the rules established by law."

An example of a violation of this article of the Constitution is that at present, hundreds of thousands of poor citizens have been waiting in line for free housing for years, and this situation is not improving. The municipal authorities have long ceased to build housing, as a result of which the queue for housing is only growing. patriotic war what can then be said about other categories of residents of Omsk.

- According to part 1 of Art. 41 of the Constitution of the Russian Federation “Everyone has the right to health care and medical care. Medical assistance in state and municipal health care institutions is provided to citizens free of charge at the expense of the relevant budget, insurance premiums, and other revenues.

Violations of this article can be seen in any state or municipal clinic and hospital where there are paid wards or paid services, such as testing. Or they may even refuse to provide medical care under various pretexts: lack of equipment, beds, specialists, medicines, etc.

— According to Art. 42 “Everyone has the right to a favorable environment, reliable information about its condition and for compensation for damage caused to his health or property by an environmental offense.

However, in large industrial cities ecological situation unfavorable. Industrial enterprises constantly emit harmful waste from their activities into the environment, polluting the air, land and water. Thus, the rights of citizens to a favorable environment are violated.

- In accordance with Part 2 of Art. 43 of the Constitution of the Russian Federation “guaranteed the general availability and free of charge of preschool, basic general and secondary vocational education in state or municipal educational institutions and in enterprises.

We have to speak conditionally about the guarantee of the general accessibility of preschool education, for example, the shortage of places in kindergartens in the city of Omsk is 12,000. Parents have to enroll their child in the queue for municipal children's education from birth, which does not guarantee positive result. In this connection, many parents have to use the services of private paid kindergartens. What is a violation of the rights of citizens.

The adopted law on education requires schoolchildren to have a uniform form, which, of course, parents must purchase at their own expense. However, children who do not have an approved uniform will not be allowed to attend classes. And how does this relate to the constitutional guarantee of free secondary education?

- According to Part 1. Art. 44 of the Constitution of the Russian Federation "Intellectual property is protected by law."

A typical example of violation of intellectual property rights of citizens is the illegal distribution of copies of films and television programs on disks, cassettes and by copying through computer networks.

"CONSTITUTION OF THE RUSSIAN FEDERATION" (adopted by popular vote on 12/12/1993)
Article: Gaps and defects in constitutional law and ways to eliminate them (Avakyan S.A.) (“Constitutional and municipal law", 2007, N 8)
Article: Gaps in the Constitution of Russia: concept, classification and delimitation from related phenomena (Kondrashev A.A.) ("Russian Legal Journal", 2014, N 2)
Article: On the basic constitutional rights of a person and a citizen in the aspect of operational-search activity (Baturin S.S.) (“Constitutional and municipal law”, 2012, N 2)

PROTECTION OF THE RIGHTS AND FREEDOMS OF HUMAN AND CITIZEN IN THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

Appeal of citizens to the Constitutional Court of the Russian Federation as a form of constitutional and legal protection of the rights and freedoms of man and citizen

Protection of human and civil rights in constitutional proceedings is the highest form judicial protection, since the Constitutional Court of the Russian Federation ensures the unity of law-making and law enforcement activities in protecting the fundamental rights and freedoms of man and citizen. It is the rights and freedoms that are the dominant criterion by which the Constitutional Court of the Russian Federation assesses the compliance of laws and other normative acts with the Constitution of the Russian Federation.

The Constitutional Court of the Russian Federation occupies a special position in the judicial system of Russia. Unlike other higher federal courts, the competence and legal force of decisions of the Constitutional Court are enshrined directly in the Constitution. On the basis of the Constitution of the Russian Federation, the specification of the status of the Constitutional Court, its procedural activities is carried out by the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", as well as the Rules of the Constitutional Court of the Russian Federation. The Constitutional Court of the Russian Federation is a judicial body of constitutional control, independently and independently exercising judicial power through constitutional proceedings (Article 1 of the Law on the Constitutional Court). Its activities are carried out in order to protect the foundations of the constitutional order, the fundamental rights and freedoms of man and citizen, to ensure the supremacy and direct effect of the Constitution of the Russian Federation throughout Russia.

In accordance with Art. 125 of the Constitution, the Constitutional Court has jurisdiction over cases on compliance with the Constitution of the Russian Federation:

— federal laws, regulations of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation;

- the constitutions of the republics, charters, as well as laws and other normative acts of the constituent entities of the Federation, issued on issues related to the jurisdiction of the state authorities of the Russian Federation and the joint jurisdiction of the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation;

— agreements between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation, agreements between state authorities of the constituent entities of the Russian Federation;

- international treaties of the Russian Federation that have not entered into force.

The above acts subject to constitutional review are considered by the Constitutional Court without regard to the application of the challenged act in a specific case. The Constitutional Court checks the acts that have entered into force. The only exception to this rule are the international treaties of the Russian Federation, the constitutionality of which the Court assesses before their ratification.

The initiator of constitutional proceedings in this category of cases may be the following entities: the President of the Russian Federation, the Federation Council, the State Duma, one fifth of the members of the Federation Council or deputies of the State Duma, the Government of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation, legislative and executive authorities of the constituent entities of the Russian Federation . On their own initiative or on the initiative of other bodies, officials not listed in Part 2 of Art. 125 of the Constitution, the Constitutional Court does not consider the case.

The Constitutional Court is the only body that gives an official interpretation of the Constitution of the Russian Federation. His explanations of the provisions of the federal Constitution have an official and generally binding character. In total, the Constitutional Court adopted 13 resolutions, which gave an interpretation of about 20 articles of the Constitution of the Russian Federation.

The Constitutional Court is authorized to resolve disputes on the competence of:

- between federal government bodies;

- public authorities of the Russian Federation and public authorities of the constituent entities of the Russian Federation;

- the highest state bodies of the constituent entities of the Russian Federation.

Such disputes may arise in connection with the following violations: 1) interference by one body in the competence of another; 2) appropriation of the powers of another body; 3) evasion of the body from the exercise of its own competence; 4) obstruction of the lawful exercise of powers. The Constitutional Court considers disputes about competence from the point of view of the division of powers established by the Constitution and the delimitation of competence between federal state authorities, as well as from the point of view of the delimitation of jurisdiction and powers between state authorities of the Russian Federation and its subjects, established by Art. Art. 71 - 73 of the Constitution of the Russian Federation, and between the highest state bodies of the constituent entities of the Russian Federation.

The Constitutional Court, at the request of the Federation Council, issues an opinion on compliance with the established procedure for accusing the President of the Russian Federation of high treason or committing another grave crime.

A special category of cases considered by the Constitutional Court is related to the verification of the constitutionality of the law applied or to be applied in a particular case on complaints of violation of the constitutional rights and freedoms of citizens and at the request of the courts.

Exercising control over the constitutionality of legislation in proceedings on various categories of cases, the Constitutional Court simultaneously acts as a guarantor of human rights and freedoms, the interests of the entire Russian people.

For example, having recognized on June 7, 2000 as unconstitutional the norm of the Constitution of the Republic of Altai on the exclusive right of the Republic of Altai to natural resources located within its borders, the Constitutional Court of the Russian Federation motivated its decision by the fact that such a provision violates the interests of the multinational people of the Russian Federation Resolution of the Constitutional Court of the Russian Federation of June 7 2000 No. 10-P in the case of checking the constitutionality of certain provisions of the Constitution of the Republic of Altai and the Federal Law "On the general principles of organizing legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation" // Collected Legislation of the Russian Federation. - 2000. - No. 25. - Art. 2728. .

Of course, the protection of human rights and freedoms is most clearly seen in the proceedings on a constitutional complaint. According to Art. 96 of the Law on the Constitutional Court, citizens whose rights and freedoms are violated by the law applied or to be applied in a particular case have the right to appeal to the Constitutional Court with a complaint about violation of constitutional rights and freedoms. The procedure for exercising the right to a constitutional complaint is strictly defined.

In the decisions of the Constitutional Court of the Russian Federation it has been repeatedly noted that from the right of everyone to judicial protection of his rights and freedoms, including by appealing against decisions and actions (inaction) of state authorities, it does not follow that a citizen can choose any methods and procedures of judicial protection at his own discretion ( including judicial contestation of legal acts), the features of which in relation to certain types of legal proceedings and categories of cases are determined on the basis of the Constitution of the Russian Federation, its art. Art. 46 - 53, 118, 120, 123 and 125 - 128, federal constitutional laws and federal laws Resolution of the Constitutional Court of the Russian Federation of July 16, 2004 No. 14-P on the case of checking the constitutionality of certain provisions of Part 2 of Art. 89 of the Tax Code of the Russian Federation in connection with the complaints of citizens A.D. Egorova and N.V. Chueva // Collection of Legislation of the Russian Federation. - 2004. - No. 30. - Art. 3214; Determination of the Constitutional Court of the Russian Federation of December 21, 2000 N 253-O on the complaint of citizen Dudnik Margarita Viktorovna about the violation of her constitutional rights, paragraph 2 of part 1 of Art. 43 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation". The document has not been published; Determination of the Constitutional Court of the Russian Federation of February 19, 2004 No. 108-O on the refusal to accept for consideration the complaint of citizen Davydov Vadim Gennadievich about the violation of his constitutional rights, clause 1, part 2, art. 40 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation". The document has not been published; and etc. . Unlike the courts of general and arbitration jurisdiction, which consider complaints regarding decisions and actions (inaction) of a law enforcement nature, as a result of which the rights and freedoms of a citizen are violated or obstacles are created for their implementation, or any duty is unlawfully imposed on the citizen or he is held accountable, as well as considering complaints about challenging the legality of normative acts, the Constitutional Court of the Russian Federation, on the basis of a complaint from citizens, checks the constitutionality of the law applied in the case of this citizen. In other words, in criminal, civil, administrative or arbitration proceedings, in another body applying the law, a dispute is resolved on the protection of a specific right and legitimate interest. And in constitutional proceedings, such a dispute is transformed into a dispute about the right between a citizen and a state body that has adopted the contested law. In fact, the citizen demands that the norms of the Constitution be directly applied in his case.

The Constitutional Court of the Russian Federation does not check the facts of incorrect application of laws that led to the infringement of rights and freedoms, does not resolve civil and economic disputes, does not consider criminal and other cases. Its task is to check the constitutionality of these laws on the basis of citizens' complaints.

If the Constitutional Court recognizes the law or its individual parts as not in accordance with the Constitution of the Russian Federation, they cease to have effect and cannot be applied, and not only in relation to the applied citizen. Other citizens, whose rights have been violated or could be violated by law or its separate parts, also receive judicial protection. Thus, public interests are protected in constitutional proceedings.

Decisions of courts or other bodies based on acts recognized as unconstitutional are not enforceable and must be reviewed in the manner prescribed by law. In addition, they are subject to cancellation in in due course provisions of other acts based on a normative act recognized as unconstitutional, or reproducing it or containing the same provisions that were the subject of the appeal. If the recognition of a normative act as unconstitutional has created a gap in legal regulation, then the courts must directly apply the Constitution.

Decisions of the Constitutional Court, as a result of which unconstitutional normative acts lose their legal force, have the same scope in time, space and circle of persons as decisions of a rule-making body, and, therefore, the same as normative acts, general meaning, which is not inherent in the law enforcement acts of other courts by their nature Resolution of the Constitutional Court of the Russian Federation of June 16, 1998 No. 19-P on the case of the interpretation of certain provisions of Art. Art. 125, 126 and 127 of the Constitution of the Russian Federation // Collection of Legislation of the Russian Federation. - 1998. - No. 25. - Art. 3004. In fact, they are equated, like normative acts, with sources of law.

The realization of the right to appeal to the Constitutional Court by individual citizens contributed to the establishment of freedom of movement and the prohibition of the propiska institution; recognition as unconstitutional dismissal of citizens from work due to age; limitation of compensation for damage caused by a certain period of payment when reinstating those who were illegally dismissed from work; extrajudicial procedure for confiscation of property; age restrictions for persons replacing the positions of heads of departments in universities; suspension of the payment of a labor pension in connection with the deprivation of liberty by a pensioner by a court verdict; depriving a citizen of the right to use residential premises in case of temporary absence for more than six months; establishing a ban on the registration of citizens at the place of residence in a residential building suitable for permanent residence, located on a garden plot of land; extension of the statutory period military service by conscription in the case when a serviceman is under investigation; adoption of a court decision on declaring a citizen incompetent without his personal presence, etc.

The Constitutional Court of the Russian Federation, as a body of constitutional justice, does not establish the actual circumstances, the study of which is within the competence of other courts. When considering cases in any of the procedures established by the Law on the Constitutional Court, he has the exclusive right to issue an official, and therefore mandatory for all law enforcers, decisions Bondar, N.S. Local self-government and constitutional justice: the constitutionalization of municipal democracy in Russia. / N.S. Cooper. - M .. - 2008. - S. 122 ..

The decision of the Constitutional Court is final and not subject to appeal, it enters into force immediately after its announcement. It is binding on all authorities, legal and individuals in Russia. If the decisions of the authorities were based on acts recognized by the Constitutional Court as unconstitutional, then they should not be executed, the bodies that adopted them are obliged to change or cancel these acts in accordance with the legal position of the Court. The Constitutional Court may recognize as unconstitutional not the text of the norm of the law, but the interpretation of this norm by the courts, other law enforcers.

Thus, confirming the constitutionality of the provision of the Code of Criminal Procedure of the Russian Federation, according to which copies of documents and extracts from a criminal case, which contains information constituting a state or other secret protected by federal law, are kept in a criminal case and provided to the accused and his defense counsel during the trial, the Constitutional Court indicated that all law enforcement officers, in order to comply with the Constitution, must interpret this provision as follows: the investigator has the right to seize from the accused, including for storage until trial in a criminal case, extracts and copies of documents made in the process of familiarization with the materials of the criminal case, affecting the information contained in the case constituting a state or other secret protected by federal law. The court, by its reasoned decision, recognizes the materials as secret.

The constitutional and legal meaning of the said legal provision, identified by the Constitutional Court, is generally binding and excludes any other interpretation of it in law enforcement practice Determination of the Constitutional Court of the Russian Federation of November 7, 2008 No. 1029-O-P on the complaint of citizen Denis Semenovich Anibroev about the violation of his constitutional rights by the provisions Part 2 Art. 217 and ch. 42 Code of Criminal Procedure // VKS RF. - 2009. - No. 2 ..

Consideration by a court of general jurisdiction of cases on checking the legality of decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, normative acts of federal executive bodies, laws of constituent entities of the Russian Federation and some other normative legal acts does not exclude their subsequent verification for constitutionality in the order of constitutional proceedings. The implementation of this provision in practice actually leads to the annulment of the decision of a court of general or arbitration jurisdiction. The Constitutional Court of the Russian Federation in this case plays the role of a kind of supervisory authority, contributing to the unity of the constitutional and legal system.

In 2003, the Constitutional Court, checking the Law of the Ivanovo Region “On the Municipal Service of the Ivanovo Region”, came to an opinion on certain provisions of this Law, which, in some respects, did not coincide with the decision of the Judicial Collegium for Civil Cases Supreme Court RF. The Collegium recognized the provisions of the Law of the constituent entity of the Russian Federation as inconsistent with federal legislation, and the Constitutional Court ruled for the constitutionality of some of them Decree of the Constitutional Court of the Russian Federation of December 15, 2003 No. 19-P on the case of checking the constitutionality of certain provisions of the Law of the Ivanovo Region "On the Municipal Service of the Ivanovo Region" » in connection with the request of the Legislative Assembly of the Ivanovo Region // VKS RF. - 2004. - No. 1 ..

The Constitutional Court has formulated a legal position that the courts of general jurisdiction cannot recognize the laws of the subjects of the Federation as invalid, becoming invalid, not giving rise to legal consequences from the date of publication and, therefore, not requiring cancellation by the bodies that adopted them. A court of general jurisdiction may recognize a law of a constituent entity of the Russian Federation as invalid if it conflicts with federal laws, which does not mean its cancellation by the court, deprivation of this law of legal force from the moment of publication, but only a ban on its application from the moment the decision of a court of general jurisdiction enters into force. The decision of the court of general jurisdiction does not exclude the subsequent verification of the constitutionality of the same law or the federal law applied by the court in the order of constitutional proceedings. Only the Constitutional Court of the Russian Federation can deprive these acts of legal force as a result of declaring them unconstitutional, i.e. invalid from the moment the decision of the Constitutional Court of the Russian Federation was announced, which is tantamount to the abolition of this act by the legislator Resolution of the Constitutional Court of the Russian Federation dated April 11, 2000 No. 1, paragraph 1 of Art. 21 and paragraph 3 of Art. 22 of the Federal Law "On the Prosecutor's Office of the Russian Federation" in connection with the request of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation // Collection of Legislation of the Russian Federation. - 2000. - No. 16. - Art. 1774. .

At the first approximation, a constitutional complaint is similar to an administrative complaint, however, the latter is associated with challenging public-power obliging actions or decisions of officials or state authorities for their compliance with laws, while a constitutional complaint is aimed at verifying the constitutionality of legislative acts. Therefore, the procedures for litigating these complaints differ, as do the legal consequences of court decisions.

The procedural rules for the proceedings in the Constitutional Court are not defined in such detail and precisely as the proceedings in other courts, where non-compliance procedural rules entails the annulment of the judgment. As you know, procedures for each court are established by a separate procedural law. Comparison of procedural codes (Civil Procedural, Arbitration Procedural and Criminal Procedural) shows that legal proceedings in these courts, although it has its own characteristics, is carried out on the basis of general principles. The Constitutional Court does not have its own procedural code, the procedure for constitutional proceedings is determined by the Law on the Constitutional Court, the norms of which are extremely laconic. Due to this circumstance, the Court itself creates procedural precedents (as, indeed, the constitutional courts of foreign countries).

For example, in a number of its decisions, the Court has interpreted the norms of the Constitution and the Law on the Constitutional Court in relation to the grounds for the admissibility of appeal; the possibility of contesting, on the basis of citizens' complaints, not only laws in the proper sense of the word, but also a number of by-laws; the right to appeal to the Constitutional Court not only of citizens, but also of stateless persons, which indicates a high degree of judicial discretion (discretion).

The practice of distribution of cases in the Constitutional Court is more democratic: such distribution is carried out between the chambers of the Court at a plenary session (and not by the chairman of the court alone) after the cases are accepted for proceedings, and not vice versa. The principle of collegiality permeates all stages of constitutional legal proceedings. There are many other procedural differences in constitutional proceedings.

Constitutional legal proceedings are not law enforcement activities in the proper sense of the word, but are more associated with analysis, creativity in the exercise of constitutional control. It is no coincidence that most of the decisions of the Constitutional Court contain legal positions, and sometimes new norms of law Nesmeyanov, S.E. Delimitation of competence between courts / S.E. Nesmeyanova // Russian justice. - 2002. - No. 12. - S. 42. .

The resolution of cases by the Constitutional Court based on citizens' complaints, as well as the exercise of other powers, is subordinated to one goal - ensuring the supremacy of the Constitution, which establishes the dominant position of human rights and freedoms in the system of constitutional values.

Conclusions on the paragraph: The protection of human and civil rights in constitutional proceedings is the highest form of judicial protection, since the Constitutional Court of the Russian Federation ensures the unity of law-making and law enforcement activities in protecting the fundamental rights and freedoms of man and citizen. It is the rights and freedoms that are the dominant criterion by which the Constitutional Court of the Russian Federation assesses the compliance of laws and other normative acts with the Constitution of the Russian Federation.

According to part 4 of Art. 125 of the Constitution of the Russian Federation and paragraph 3 of part 1 of Art. 3 of the Law on the Constitutional Court, a citizen who believes that his constitutional rights and freedoms have been violated by a law applied or to be applied in a particular case, has the right to file a complaint with the Constitutional Court and ask to check the constitutionality of such a law. A citizen's complaint is considered admissible if the law has been applied or is subject to application in a specific case, the consideration of which has been completed or begun in a court or other body applying the law (Article 97 of the Law on the Constitutional Court).

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Violation of constitutional human rights in Russia.

The constitution is not the basic law of the state, but a collection of human rights that must be violated

Chapter 2. Rights and freedoms of man and citizen

Article 17

2. Fundamental human rights and freedoms are inalienable and belong to everyone from birth.

3. The exercise of human and civil rights and freedoms must not violate the rights and freedoms of other persons.

Article 18

Article 19

1. Everyone is equal before the law and the court.

3. A man and a woman have equal rights and freedoms and equal opportunities for their realization.

Article 20

1. Everyone has the right to life.

Article 21

1. The dignity of the individual is protected by the state. Nothing can be grounds for belittling him.

2. No one shall be subjected to torture, violence, other cruel or degrading treatment or punishment. No one can be subjected to medical, scientific or other experiments without voluntary consent.

Analysis: 1 How does our state protect dignity? How, how, and if you don’t know, then go to an unauthorized rally and there they will explain to you with a baton on the back.

Article 22

1. Everyone has the right to liberty and security of person.

2. Arrest, detention and detention are allowed only by a court decision. Pending a court decision, a person may not be detained for more than 48 hours.

Article 23

1. Everyone has the right to privacy, personal and family secrets, protection of his honor and good name.

Article 24

1. Collection, storage, use and dissemination of information about the private life of a person without his consent is not allowed.

Let's look at a couple more articles, well, very relevant, which are not just violated, but violated maliciously and deliberately.

Article 28

Analysis: Suppose I am a convinced atheist, without any malicious intent and kindling something there, I say that all priests, mullahs, rabbis, satanists are obscurantists who rob the already impoverished population. Well, you see, I have such convictions and at the same time I respect people who believe, well, if they remain in my understanding at all. Judging by the actions of people, you can’t tell who is now fulfilling the commandments of their gods, by the way, very good commandments. Well, that means I'm violating the law on incitement to religious hatred. So I do not urge Orthodox Muslims and Jews to fight, I urge not to be mistaken not to believe in this prehistoric savagery. But it wasn’t there, I undermine faith with my statements all at once, and the authorities and the oligarchs need it so much, because it’s conveniently hit on the cheek - turn the other one, any government is sent by God. So the president comes out and prays in a synagogue or an Orthodox church - he is good, and I say that he has no faith in either God or hell or Allah, and even more so in people, I am an instigator of religious hatred. And what should I do if I am a militant atheist and really believe that believers are mistaken, allowing all sorts of crooks to manage them like a herd. The state does not care about my freedom of conscience. Well, you can write a treatise on the propaganda of religion of all kinds, there is definitely pressure at the state level, believing is good, not believing means inciting some kind of discord, well, we have a lot of incitement. He said that you are Russian, not a Russian, and you are already a nationalist, let’s say the boy put on a T-shirt with the inscription “I am Russian”, that’s all, he is almost a fascist. Well, we have such freedom of conscience and religion.

And now, the wonderful Article 31 of the constitution, so to speak, for dessert.

Article 31

Citizens of the Russian Federation have the right to assemble peacefully without weapons, to hold meetings, rallies and demonstrations, processions and picketing.

How to file an appeal to the Constitutional Court regarding the violation of constitutional rights by the administration?

Hello dear lawyers. A qualified lawyer is required to draft an appeal to the Constitutional Court. Reason: violation of the constitutional rights of citizens. Briefly about the problem: I live on the territory of the former DNT, in 2011 our land status changed, our territory was reformed by Decree 87 of the Rostov-on-Don City Duma, we were given the status of IZHS land zone Zh-1, but we are owners of residential buildings in the private sector still apply 66FZ, thereby violating our rights. The city administration does not want to take us on a balance sheet, energy suppliers do not want to enter into direct contracts with us, criminal elements immediately took advantage of this situation, extorting money from us through the courts for using ownerless infrastructure, public roads that are included in the register of roads of the city of Rostov-on-Don and for much more. Corrupt judges practically legalized the criminal activities of swindlers, illegally and unreasonably apply 66 Federal Laws to us, thereby violating 330 Code of Civil Procedure of the Russian Federation, make unjust decisions. Other details by phone: 89185503956

Lawyers Answers (6)

Good afternoon Unfortunately, you cannot apply directly to the Constitutional Court! You must go through all the judicial instances on your dispute, and only after that you can apply to the Constitutional Court on the issue of recognizing the rule of law as unconstitutional.

Clarification of the client

Hello Vitaly, I have already passed the appeal in the district court.

Have a question for a lawyer?

Now cassation. Then supervision.

Clarification of the client

You can apply to the Constitutional Court after an appeal, besides, the Regional Court refuses to appeal.

Supreme Court, supervisory appeal. And what rule of law do you want to recognize as contrary to the law?

Clarification of the client

I was denied a cassation precisely so that I could not apply to the RF Armed Forces. 66FZ is being unlawfully applied to me, the Housing Code of the Russian Federation should be applied to me, and I obey the charter of the city, and not the charter of the DNT.

Article 3. Powers of the Constitutional Court of the Russian Federation

In order to protect the foundations of the constitutional order, the fundamental rights and freedoms of man and citizen, to ensure the rule and direct effect of the Constitution of the Russian Federation throughout the Russian Federation, the Constitutional Court of the Russian Federation [. ]
3) on complaints of violation of the constitutional rights and freedoms of citizens, checks the constitutionality of the law applied in a particular case [. ]

Article 36

The reason for the consideration of the case in the Constitutional Court of the Russian Federation is an appeal to the Constitutional Court of the Russian Federation in the form of a request, petition or complaint that meets the requirements of this Federal Constitutional Law.
The basis for the consideration of the case is the revealed uncertainty in the question of whether the Constitution of the Russian Federation corresponds to a law, other normative act, an agreement between state authorities that has not entered into force an international treaty, or the revealed uncertainty in the question of the possibility of enforcing the decision of an interstate body for the protection of rights and freedoms of a person, based on the provisions of the relevant international treaty of the Russian Federation in an interpretation that allegedly leads to their discrepancy with the Constitution of the Russian Federation, or a contradiction in the positions of the parties regarding the ownership of powers in disputes over competence, or an ambiguity in understanding the provisions of the Constitution of the Russian Federation, or nomination by the State Duma of the accusation of the President of the Russian Federation of high treason or the commission of another grave crime.

Article 97. Admissibility of a complaint

A complaint about the violation of constitutional rights and freedoms by law is admissible if:
1) the law affects the constitutional rights and freedoms of citizens;
2) the law has been applied in a specific case, the consideration of which has been completed in court, and the complaint must be filed no later than one year after the case has been heard in court.

Clarification of the client

That's why I need a competent lawyer to help with my problem. I outlined the essence of the problem, and the rest is up to the specialist.

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Violation of the constitutional rights of citizens of the Russian Federation. On violations of constitutional human rights in Russia Violation of constitutional rights

Chapter 2. Rights and freedoms of man and citizen

PROTECTION OF THE RIGHTS AND FREEDOMS OF HUMAN AND CITIZEN IN THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

Appeal of citizens to the Constitutional Court of the Russian Federation as a form of constitutional and legal protection of the rights and freedoms of man and citizen

New in blogs

Violation of constitutional human rights in Russia.

Chapter 2. Rights and freedoms of man and citizen

How to file an appeal to the Constitutional Court regarding the violation of constitutional rights by the administration?

Lawyers Answers (6)

Clarification of the client

Have a question for a lawyer?

Clarification of the client

Clarification of the client

Clarification of the client

Looking for an answer? It's easier to ask a lawyer!

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It's easier to ask a lawyer!