Constitutional (main) rights and freedoms of a person and citizen - it is its inalienable rights and freedoms belonging to him from birth or by virtue of citizenship defended by the state and the components of the nucleus legal status Personality.
The concepts of "human rights" and "citizen's right" are not identical.
Human rights are a combination of natural and inalienable rights and freedoms, such as the right to life, freedom and personal integrity, which a person has the power of birth and who do not depend on his belonging to the state.
Citizen's rights - These are the rights and freedoms, fixed by the face only by virtue of his belonging to the state. In this case, the principle works - every citizen is a person, but not every person is a citizen.
Personal (civil) rights and freedoms.For personal (civil) rights and freedoms include:
1. The right to life (Art. 15 of the Constitution);
2. The right of cash freedom (Art. 16 of the Constitution);
3. The inviolability of human dignity (Art. 17 of the Constitution);
4. The right to inviolability of private, personal, family life (Art. 18 of the Constitution);
5. The right to determine and indicate or not indicate the national, party and religious affiliation (Art. 19 of the Constitution);
6. Freedom of speech and creativity (Art. 20 of the Constitution);
7. The right to freedom of movement and choice of place of residence (Art. 21 of the Constitution);
8. Freedom of conscience (Art. 22 of the Constitution);
9. The right to the inviolability of housing (Art. 25 of the Constitution).
Political rights and freedoms- One of the groups of constitutional rights and freedoms that belong to only citizens of the state and give them the opportunity to participate in the public and political life of the country. Political rights and freedoms consist of several points:
1) the right to freedom of association - The possibility of citizens voluntarily, on the basis of free will to create formations in accordance with their interests to achieve common goals.
2) right to participate in peaceful rallies, meetings, processions and peaktreatments - The possibility of choosing the shape of the will of the expression of citizens.
3) right to participate in the management of state affairs - The possibility of a citizen directly and through its representatives to implement actions to form and functioning representative, executive and judicial bodies of the state.
Economic rights and freedoms are a combination of constitutional rights that determine human legal opportunities in the economic sphere. These include:
1) private property right - The ability to own, use and dispose of any, legally acquired property. No one can be deprived of his property differently as a court decision. Forced alienation of property for state. Needs can be produced only under the condition of equivalent compensation.
2) right inheritance - The possibility of transition to face (heir) of the rights and responsibilities of the deceased (testator).
3) freedom business activities - The possibility of independent initiative activities of citizens and their associations carried out under their responsibility for the sake of profit.
Social rights - the ability to qualify for certain material and intangible benefits from the state. They include:
- right to rest - The possibility of providing the face of time free from the performance of labor duties. The Constitution provides: restricting the duration of working time, the establishment of weekends and holiday days, the right to an annual paid leave;
- right to defensemotherhood, paternity and childhood;
- right tosocial Security, which means the possibility of obtaining a system of material support and servicing citizens by the state in case of achieving a certain amount of age, for illness, disability, the loss of the breadwinner and for other legal grounds in the form of pensions and social benefits;
- the right to protect health and medical care - the possibility of a citizen to apply and receive the necessary assistance to preserve and strengthen his physical health;
- right to educationthis means the possibility of obtaining free secondary education in public educational institutions, as well as on a competitive basis for free higher education in the State Higher Educational Institution.
Cultural human rights - recognized guaranteed by the Constitution or the law the possibility of the implementation of a person in the field of cultural and scientific life. They include the right to use their native languages \u200b\u200band culture, on the free choice of language of communication, education, training and creativity.
Main (constitutional) duties of a person and citizen - these are constitutionally enshrined and protected activities of the social and necessary behavior of persons in the state, or only their own citizens, regardless of their location, due to the need for their participation in ensuring the interests of society, states, other citizens.
The Constitution of the Republic of Kazakhstan places the following duties for each citizen:
1. The duty to comply with the Constitution of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan;
2. Responsibility to respect the rights, freedom, honor and dignity of other persons;
3. Responsibility to respect state symbols of the republic;
4. Duty and debt pay legally established taxes, fees and other mandatory payments;
5. Responsibility and debt to protect the Republic of Kazakhstan;
6. Responsibility to take care of the preservation of historical and cultural heritage, take care of historical and cultural monuments;
7. Responsibility to maintain nature and carefully refer to natural wealth.
Constitutional (main) rights and freedoms of a person and citizen - it is its inalienable rights and freedoms belonging to him from birth or by virtue of citizenship defended by the state and the components of the nucleus of the legal status of the individual.
The concepts of "human rights" and "citizen's right" are not identical.
Human rights are a combination of natural and inalienable rights and freedoms, such as the right to life, freedom and personal integrity, which a person has the power of birth and who do not depend on his belonging to the state.
Citizen's rights - These are the rights and freedoms, fixed by the face only by virtue of his belonging to the state. In this case, the principle works - every citizen is a person, but not every person is a citizen.
Personal (civil) rights and freedoms.For personal (civil) rights and freedoms include:
1. The right to life (Art. 15 of the Constitution);
2. The right of cash freedom (Art. 16 of the Constitution);
3. The inviolability of human dignity (Art. 17 of the Constitution);
4. The right to inviolability of private, personal, family life (Art. 18 of the Constitution);
5. The right to determine and indicate or not indicate the national, party and religious affiliation (Art. 19 of the Constitution);
6. Freedom of speech and creativity (Art. 20 of the Constitution);
7. The right to freedom of movement and choice of place of residence (Art. 21 of the Constitution);
8. Freedom of conscience (Art. 22 of the Constitution);
9. The right to the inviolability of housing (Art. 25 of the Constitution).
Political rights and freedoms- One of the groups of constitutional rights and freedoms that belong to only citizens of the state and give them the opportunity to participate in the public and political life of the country. Political rights and freedoms consist of several points:
1) the right to freedom of association - The possibility of citizens voluntarily, on the basis of free will to create formations in accordance with their interests to achieve common goals.
2) right to participate in peaceful rallies, meetings, processions and peaktreatments - The possibility of choosing the shape of the will of the expression of citizens.
3) right to participate in the management of state affairs - The possibility of a citizen directly and through its representatives to implement actions to form and functioning representative, executive and judicial bodies of the state.
Economic rights and freedoms are a combination of constitutional rights that determine human legal opportunities in the economic sphere. These include:
1) private property right - The ability to own, use and dispose of any, legally acquired property. No one can be deprived of his property differently as a court decision. Forced alienation of property for state. Needs can be produced only under the condition of equivalent compensation.
2) right inheritance - The possibility of transition to face (heir) of the rights and responsibilities of the deceased (testator).
3) freedom of entrepreneurial activity - The possibility of independent initiative activities of citizens and their associations carried out under their responsibility for the sake of profit.
Social rights - the ability to qualify for certain material and intangible benefits from the state. They include:
- right to rest - The possibility of providing the face of time free from the performance of labor duties. The Constitution provides: restricting the duration of working time, the establishment of weekends and holiday days, the right to an annual paid leave;
- right to defensemotherhood, paternity and childhood;
- right tosocial Security, which means the possibility of obtaining a system of material support and servicing citizens by the state in case of achieving a certain amount of age, for illness, disability, the loss of the breadwinner and for other legal grounds in the form of pensions and social benefits;
- right to health and medical care - the possibility of a citizen to apply and receive the necessary assistance to preserve and strengthen his physical health;
- right to educationthis means the possibility of obtaining free secondary education in public educational institutions, as well as on a competitive basis for free higher education in the State Higher Educational Institution.
Cultural human rights - recognized guaranteed by the Constitution or the law the possibility of the implementation of a person in the field of cultural and scientific life. They include the right to use their native languages \u200b\u200band culture, on the free choice of language of communication, education, training and creativity.
Main (constitutional) duties of a person and citizen - these are constitutionally enshrined and protected activities of the social and necessary behavior of persons in the state, or only their own citizens, regardless of their location, due to the need for their participation in ensuring the interests of society, states, other citizens.
The Constitution of the Republic of Kazakhstan places the following duties for each citizen:
1. The duty to comply with the Constitution of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan;
2. Responsibility to respect the rights, freedom, honor and dignity of other persons;
3. Responsibility to respect state symbols of the republic;
4. Duty and debt pay legally established taxes, fees and other mandatory payments;
5. Responsibility and debt to protect the Republic of Kazakhstan;
6. Responsibility to take care of the preservation of historical and cultural heritage, take care of historical and cultural monuments;
7. Responsibility to maintain nature and carefully refer to natural wealth.
Specified in the constitutional and legal norms of the claim of a particular state to the behavior of any persons on its territory, or to the behavior of citizens of this state, regardless of their location.
Constitutional duties are enshrined in Chapter 2 of the Constitution of the Russian Federation - "human rights and freedoms and citizen".
In part 2 of Article 6, the principle of equality of duties was established: "Every citizen of the Russian Federation has all rights and freedoms on its territory and is equal to the obligations provided for by the Constitution of the Russian Federation."
TO constitutional duties Human and citizen belong:
1. Compliance with the Constitution of the Russian Federation and the Laws of the Russian Federation (Article 15, Part 2).
2. Respect for the rights and freedoms of other persons (Article 17, Part 3).
3. Caring for children and disabled parents (Article 38, Part 2, 3).
4. Obtaining the main one general Education (Article 43, Part 4).
5. Caring for monuments of history and culture (Article 44, Part 3).
6. Payment of taxes and fees (Article 57).
7. Conservation of nature and the environment (Article 58).
8. Defense of the Fatherland (Article 59).
Compliance with the Constitution of the Russian Federation and the Laws of the Russian Federation
According to Part 2 of Article 15 of the Constitution of the Russian Federation, organs state power, Organs local governments, officers, citizens and their associations
Specified in the constitutional and legal norms of the claim of a particular state to the behavior of any persons on its territory, or to the behavior of citizens of this state, regardless of their location.
Constitutional duties are enshrined in Chapter 2 of the Constitution of the Russian Federation - "human rights and freedoms and citizen".
In part 2 of Article 6, the principle of equality of duties was established: "Every citizen of the Russian Federation has all rights and freedoms on its territory and is equal to the obligations provided for by the Constitution of the Russian Federation."
The constitutional duties of a person and citizen include:
1. Compliance with the Constitution of the Russian Federation and the Laws of the Russian Federation (Article 15, Part 2).
2. Respect for the rights and freedoms of other persons (Article 17, Part 3).
3. Caring for children and disabled parents (Article 38, Part 2, 3).
4. Obtaining basic general education (Article 43, part 4).
5. Caring for monuments of history and culture (Article 44, Part 3).
6. Payment of taxes and fees (Article 57).
7. Conservation of nature and the environment (Article 58).
8. Defense of the Fatherland (Article 59).
Compliance with the Constitution of the Russian Federation and the Laws of the Russian Federation
According to Part 2 of Article 15 of the Constitution of the Russian Federation, government bodies, local governments, officials, citizens and their associations
As already noted, the right personality status includes a combination of human rights and freedoms and citizens reflected in the norms of all sectors of the current right.
The basics of the legal status of the personality include constitutionally enshrined rights and freedoms. The concept of fundamental rights and freedoms of a person and a citizen can be formulated as follows: constitutional (main) human rights and freedoms and citizen is its inalienable rights and freedoms belonging to him from birth (in proper cases by virtue of his citizenship), protected by the state and the components of the nucleus of the legal status of the person.
Constitutional rights And freedom is customary to classify into three groups: personal; political; socio-economic.
Personal rights and freedoms
Specific features of personal rights and freedoms are as follows:
1) These rights and freedoms are by their essence the rights and freedoms of man, i.e. everyone, and are not linked directly to the state to citizenship of the state, do not flow out of it;
2) these rights and freedoms are inappropriate and belong to everyone from birth;
3) These are such rights and freedoms that are necessary for the protection of life, freedom, the dignity of man as a person, and other natural rights related to its individual, private life.
The main personal human right is the right to life (Art. 20 of the Constitution). It was first fixed in russian Constitution After making a declaration of human rights and freedoms and citizen. This is the natural right of a person whose protection covers a wide range of active actions of all state and public structures, each concrete person to create and maintain safe social and natural environment Habitat, living conditions.
The personal rights of a person belongs to the right to protect the state of the dignity of the person (Art. 21 of the Constitution). Respect for the dignity of personality - an integral sign of a civilized society. Nothing can be the basis for his diminution. Any measures of impact on unlawful behavior of a person should not be conjugate with the diminishing of its dignity. The Constitution establishes that no one should be tortured, violence, other cruel or degrading human dignity handling or punishment.
A significant place in the system of personal rights and freedoms occupy the rights to inviolability of the person, dwellings, private life, the mystery of correspondence, telephone conversations, postal, telegraph and other messages (Art. 22-25 of the Constitution).
The inviolability of the personality (Art. 22 of the Constitution) as a personal freedom is that no one has the right to regally limit the freedom of person to dispose of the law by its actions, to enjoy the freedom of movement. No one can be arrested, detention and detention otherwise, as on the basis of judicial decision (However, as long as these provisions do not act (paragraph 6 of section 2 of the Constitution "Final and Transitional Provisions").
The guarantee of the housing immunity (Art. 25 of the Constitution) means that no one has the right to enter the dwelling without a legitimate foundation, as well as to remain against the will of those living in it.
For the first time in the Constitution, the human right to defend his honor and good name (Art. 23 of the Constitution). And legally installed judicial order protection (Art. 152 Civil Code RF), including the right to compensation moral harm (Art. 1100 of the Civil Code of the Russian Federation).
The right to privacy, personal and family mystery is manifested in prohibition without the consent of the person of collecting, storing, using and disseminating information about its private life (Art. 24 of the Constitution). Each must be given the opportunity to familiarize themselves with materials and documents directly affecting his rights and freedom, unless otherwise provided by law.
New in the constitutional consolidation of personal rights and freedoms is the inclusion of such a form of personality freedom as freedom of movement. In part 1 tbsp. 27 The Constitution of the Russian Federation indicates that everyone who is legitimate in the Russian Federation has the right to move freely, choose a place of stay and residence. In the past, this right not only was not fixed constitutionally, but could not be implemented in fact.
The Constitution recognizes the right of everyone who is legitimately in Russia, to freely go beyond its limits and the right of a citizen of the Russian Federation will be easily returned to it (Art. 27 of the Constitution). Earlier - in the Soviet state - many decades were actually prohibited by the initiative departure of citizens abroad. No legislative regulation in this area was absent.
Personal rights and freedoms include the right to determine and indicate the national affiliation (Art. 26 of the Constitution). The consolidation of this right is constitutionally flows out of denial legal meaning The sign of nationality for each particular person means its freedom to assimilate in an international environment, which has become native and close in the language and lifestyle for him.
The freedom of conscience, freedom of religion occupy an important place in the system of personal rights and freedoms. In accordance with Article 28 of the Constitution, everyone is guaranteed by freedom of conscience, freedom of religion, including the right to confess individually or together with other any religion or not to confess any, freely choose, have and distribute religious and other beliefs and act in accordance with them.
An important sphere of personal rights and freedoms of man and citizen is the freedom of thought and words, the right to freely look for, receive, transmit, produce and distribute information to any legitimate way (Art. 29 of the Constitution). Thoughts, convictions, opinions of a person belong to the sphere of his inner life, in which no one can invade without his consent. The constitution, recognizing this freedom, establishes that no one can be forced to express their opinions and beliefs or refusal from them.
Political rights and freedoms
Unlike the main personal rights and freedoms that are inherent in their nature and belong to everyone from birth as a person, political rights and freedoms (Art. 30-33 of the Constitution) are associated with the possession of state citizenship. This distinction reflects the Constitution, addressing personal rights to everyone, political citizens. The relationship of political rights and freedoms with citizenship does not mean, however, that they are secondary, derived from the will of the state. Political rights and freedoms act as the natural rights and freedoms of each citizen of the democratic state. By virtue of this nature, these rights and freedoms cannot be considered as established provided by the state. Just like the personal rights and freedoms of a person, the state recognizes, complies with and protects political rights and freedoms. This is directly enshrined in Article 2 of the Constitution of the Russian Federation.
The natural nature of the rights and freedoms of a citizen follows from the fact that the carrier of sovereignty and the only source of power in the Russian Federation is its multinational people. Citizens associated as people carry out power. Every citizen as such participates in the exercise of power. In accordance with the Constitution, a citizen of the Russian Federation may independently fulfill its rights and obligations from 18 years (Article 60).
The most common, uniting all other political rights and freedoms is the right to participate in the management of the affairs of the state (Art. 32 of the Constitution). The right of each member of any community, association, including state, participate in management common deeds - An integral democratic start in its organization. This right is addressed to every citizen, and not a politically organized aggregate of citizens associated as a people, because The people do not participate in management, but carries out power, is the subject of this power.
The right under consideration is carried out in various forms, both directly and through representatives. Direct forms are the participation of citizens in the referendum, as well as the implementation of their right to elect and be elected to state authorities and local governments. The participation of citizens in the management of state management is also carried out by their impact on representative bodies All levels - their deputies, through various forms of public opinion expression on the management of public affairs, on the directions of the state policy, about its activities related to the satisfaction of the social needs of society.
Citizens of the Russian Federation have equal access to public service (Part 4 of Art. 32 of the Constitution) in accordance with their abilities and vocational training.
The form of attracting citizens to the decision of public cases is their participation in the administration of justice (part 5 of Art. 32 of the Constitution). This right is carried out by citizens attracted as the jury and people's assessors.
Constitutionally enshrined the right of citizens to treat personally, as well as send individual and collective appeals to state bodies and local governments (Art. 33). This right is an important means of manifestation of socio-political activity of citizens, their interest in public affairs, as well as protect their rights.
An important right associated with the participation of citizens in the Department of State Department is the right to create trade unions to protect their interests (Article 30 of the Constitution). This right gives citizens the opportunity to use various forms of joint organized social activities within these purposes, to unite their efforts to accomplish those or other tasks. Public associations contribute to the development of political activity and self-identity of citizens, satisfying their polyobic interests. The adoption or entry into a citizen to the members of the association is at a voluntary basis in accordance with the terms and conditions recorded in its Charter. No one can be forced to join any obsion or stay in it (Part 2 of Art. 30 of the Constitution).
The expression of the social and political activity of citizens, their impact on the state management processes is the right to assemble peacefully, without weapons, to hold meetings, rallies and demon-rules, processions, picketing (Article 31 of the Constitution). This right in recent years is widely used by citizens of the Russian Federation.
Socio-economic rights and freedoms.
A special group of the main temper and freedoms of man and citizen is the socio-economic rights and freedoms. They concern such important areas of human life as property, labor, leisure, health, education, and are designed to provide physical, material, spiritual and other socially significant personal needs.
To socio-economic rights and freedoms enshrined in the Constitution include freedom of entrepreneurial activities, the right private property, including land, freedom of labor and the right to work in appropriate conditions, the right to rest, the protection of the family, the right of social security, the right of the PA dwelling, the right to protect health, to a favorable environment, the right to education, freedom of literary, artistic, scientific, technical and other types of creativity, teaching, the right to use cultural institutions (Article 33-44).
Initiating the economic and social activity of each person as the natural basis of market relations in the country, the Constitution enshrines the right of everyone to the free use of its abilities and property for the entrepreneurial and other non-prohibited economic activity (Article 34).
The most important place in the system of socio-economic temper and its Bod is the right of private property (Art. 35) its constitutional consolidation was crucial in the transition of a country to a market economy. The Constitution of the Russian Federation of 1993 recognition and protection of frequent ownership, as well as other forms, attributed to the basics constitutional system, expanded the guarantees of its protection, including judicial authorities.
In h. 3 tbsp. 35 of the Constitution found that forced alienation of property for state needs It can be produced only under the condition of preliminary and equivalent compensation. In addition, in Article 36 of the Constitution, without any boron and restrictions, the right of citizens and their associations have land ownership of land, freely carry out ownership, use and disposal of land and other natural resourceswithout damage to the environment and without violating the rights and legitimate interests of other persons.
In the conditions of the market economy, changed and containing human rights in the field of labor (Article 37 of the Constitution).
The main emphasis is made on the consolidation of freedom of labor, its appropriate conditions and human rights to freely dispose of their work:
2) the right to work in conditions that meet safety and hygiene requirements, the right to remuneration for labor without any discrimination and not lower than the minimum wage established by the federal law;
3) approved the right to defense against unemployment;
4) Recognized the right to individual and collective labor disputes using their permission established by the federal law of their permission, including the right to strike.
FROM labor rights Insiscimulating the right to rest (Part 5 of Art. 37 of the Constitution). Its provision involved a wide range of subjects designed to create for the implementation of this right the necessary conditions. The activity of the person himself, which is rationally and competently to use the time of rest, also plays a major role. The function of the state in this area is to establish through the federal law of a reasonable duration of the work of time, weekends and festive dayspaid for annual holidays.
Social development of society largely depends on the status of its primary cell - family, motherhood security and childhood. In art. 38 of the Constitution enshrined the overall rate that they are protected by the state.
Article 38 of the Constitution determines the mutual rights of parents and children. Caring for children, their upbringing is equal to the right and obligation of parents. Wheel-bodied children who have reached 18 years must take care of disabled parents.
The right of socio-economic rights and freedoms is the right to social Security But age, in case of illness, disability, the loss of the breadwinner, to raise children and in other cases established by law (part 1 of Art. 39 of the Constitution). Content of this right It is primarily guaranteed to receive state pensions and socially socially. Moreover the federal law Sets the minimum size of pensions and benefits. In addition to them, voluntary social insurance are encouraged, the creation of additional forms of social security and charity that have recently received a certain development (Part 3 of Article 39).
Constitutionally enshrines the right to housing (Art. 40). It turns on-circuit: 1) housing protection, due to which no one can be produced housing deprived; 2) encouraging state authorities and local government bodies of housing construction and the creation of conditions for the exercise of the right to housing, free or for an affordable charge provision of housing by the poor, otherwise in the law to citizens who need it, from state, municipal and others housing stocks. Cooperative and individual housing construction is encouraged, a loan system is developing on this that are not taxable.
The right to health and medical assistance (Art. 41 of the Constitution) implies the free of the latter in state and moon-cypal healthcare institutions at the expense of the appropriate budget, insurance premiums and other revenues
Everyone has the right to a favorable environment, worthless information about its condition and compensation for damage caused to his health or property environmental offense (Art. 42 of the Constitution). The concept of "environment" covers all components of the nature of the natural sphere, the consumer of which is a person (water, air, etc.), as well as those that have an impact on it (noises, vibration, etc.). The right to a favorable environment, i.e. Such, which does not harm the person, is closely linked to human rights on life, health care.
The right to education is related to the number of socio-economic rights and freedoms (Art. 43 of the Constitution). Each is guaranteed to the publicly available and the free of the initial general, the main general, secondary (full) general education and the initial vocational education, as well as on a competitive basis, the free professional, higher professional and postgraduate vocational education in the state and municipal education educational institutions Within state educational standards, if the formation of this level, a citizen receives for the first time.
The implementation of this right makes it possible to obtain general education and vocational training required for feasibility labor activity, for meaningful spiritual life. This is interested not only by the person, but also the state, society as a whole due to the needs of developing production and other spheres in specialists who are able to master complex modern professions in specialists who are capable of developing contemporary professions. Therefore, the Constitution has consolidated the obligation of basic general education. Parents or persons who replace them are obliged to ensure the receipt of children of this education (part 4 of Art. 43).
In accordance with Art. 44 of the Constitution, everyone is guaranteed by its bodies of literary, artistic, scientific, technical and other types of creativity, teaching, the right to participate in cultural life and the use of cultural institutions, to access cultural prices. The state guarantees the availability of all cultural achievements for citizens, wherever they live.