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Constitutional duties of the state. Constitutional duties of a person and a citizen in the Russian Federation Responsibilities of the state enshrined in the Constitution of the Russian Federation

Advice
08.05.2020

The creation and maintenance of harmonious relations in the state and society require not only respect for the rights and freedoms, but also by the person and citizen of certain responsibilities, and if necessary, and refusal to implement their rights and freedoms. Human rights and citizen become reality only if they are inextricably linked with duties.

Excessive protrusion of their rights and freedoms and denial of responsibilities leads to legal nihilism. In this case, personality is formed by the legal consciousness for which the desire of any price is characterized by any cost. This type of behavior often entails an offense and even crime.

It is necessary to distinguish the responsibilities of a person and the responsibilities of a citizen. Legal communication There is special duties for human and state in the form of citizenship. So, only on citizens Russian Federation It is entrusted with the duty to carry military service and defend its fatherland.

Constitutional duties in the Russian Federation can be divided by general and private.

The first group includes duties distributed on any person: to comply with the Constitution of the Russian Federation and federal laws (part 2 of article 15); respect the rights and freedoms of others (part 3 of Art. 17); maintain nature and the environment, carefully refer to natural wealth (Art. 58); Take care of the preservation of historical and cultural heritage, take care of monuments of history, culture, nature (Art. 44). These duties apply to all of the category of the population.

The second duties group applies only to certain categories of the population: parental responsibilities (Art. 38); The obligations of working-age children take care of disabled parents (art. 38); the obligation to pay legally established taxes and fees (art. 57); Military duty (Art. 59). These duties are addressed, respectively, to parents, able-bodied adult children, taxpayers, military-obligated and other specific categories of people.

The main constitution of the Russian Federation refers the following duties of a person:

  • - to comply with the Constitution and federal laws (part 2 of Art. 15);
  • - respect the rights and freedoms of other persons (part 3 of Art. 17);
  • - maintain nature and the environment, carefully refer to natural wealth (Art. 58);
  • - take care of the preservation of historical and cultural heritage, take care of the monuments of history, culture, nature (Part 3 of Art. 44);
  • - pay legally established taxes and fees (art. 57);
  • - to educate and ensure the education of children (part 2 of Art. 38, part 4 of article 43);
  • - take care of disabled parents (Part 3 of Art. 38);
  • - Protect Fatherland and carry military service (Part 1, 2, Art. 59).

Responsibility to comply with the Constitution of the Russian Federation and federal lawsit is general. Although in part 2 of Art. The 15 Constitution of the Russian Federation indicates the duty of only citizens to comply with the Constitution of the Russian Federation and laws, from the general meaning of constitutional norms, and in particular those provisions that regulate the rights, freedoms and duties of a person and a citizen in the Russian Federation, it seems that this duty in equal The extent applies both to citizens and foreigners and stateless persons.

According to Part 3 of Art. 17 The Constitution of the Russian Federation, the implementation of human rights and freedoms and citizen should not violate the rights and freedoms of other persons. Since people freely exercising their rights and freedoms, interact with each other, interests, rights, the actions of some people can come and come in contradiction with the interests, rights and actions of others. Before a civilized society, the task is to agree on these interests, contribute to the achievement of compromises. First of all, it is necessary to counteract the destructive society and the state attempts to exercise their rights and freedoms at the expense of the rights and freedoms of others, binding the manifestations of egoism, their own, anarchy and providing social consent, social partnership.

In accordance with Art. 58 Constitution of the Russian Federation each must maintain nature and environment, carefully refer to natural wealth. The duty to maintain nature applies not only to the citizen. Security ambient – this is the activities of organs state power and local governments, public and other non-commercial associations, legal and individualsaimed at preserving and restoring the natural environment, rational use and reproduction natural resourcespreventing the negative impact of economic and other activities on the environment and the elimination of its consequences (Art. 1 of the Federal Law of January 10, 2002 No. 7-FZ "On Environmental Protection").

The legal obligation to maintain nature and the environment corresponds to the right of each to a favorable environment (respectively, nature), as well as the right of state, apply sanctions for violation of environmental legislation or establish benefits and compensation to people in the context of unfavorable environment.

For violation of legislation in the field of environmental protection in accordance with the legislation, property, disciplinary, administrative and criminal liability is established.

According to Part 3 of Art. 44 of the Constitution of the Russian Federation each must take care of the preservation of historical and cultural heritage, take care of historical and cultural monuments. The objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation are a unique value for the entire multinational people of Russia and are an integral part of the World Cultural Heritage.

Federal Law of June 25, 2002 No. 73-FZ "On the objects of cultural heritage (monuments of the history and culture of peoples) of the Russian Federation" specifies the constitutional duty of everyone to take care of the preservation of historical and cultural heritage, protect the monuments of history and culture, and also aims to implement The rights of peoples and other ethnic communities in the Russian Federation for the preservation and development of their cultural and national identity, protection, restoration and preservation of the historical and cultural environment, protection and maintenance of sources of information on the emergence and development of culture.

The duty to take care of the monuments of history and culture applies to all subjects of legal relations. It also applies to objects received from abroad and are located in the Russian Federation.

In accordance with Part 2 of Art. 38 of the Constitution of the Russian Federation caring for children, their upbringing - equal rights and obligation of parents, and according to part 4 of Art. 43 parents or persons replacing them ensure the receipt of the main children general Education.

Sales parental rightsAs a rule, it stops at the achievement of children of age 18 (majority), as well as when joining minor children to marriage. In the RF IC of the Russian Federation, the rights and obligations of parents for the upbringing and education of children and to protect their rights and interests are revealed in detail.

Along with the Constitution of the Russian Federation and the RF RF, the duties of parents for the formation of children are regulated by the Federal Law "On Education".

In h. 3 tbsp. 38 Constitution of the Russian Federation fixed the obligation of working-age children who have reached 18 years, take care of disabled parents. The area regulated by the Constitution relates to a deep personality relationship and depends on the sense of debt of crowded children, their human qualities, upbringing and other moral attitudes perceived by them since childhood. Wheel-bodied adult children can be released from the obligation to keep their disabled, in need of parents, if the court will be established that parents shied away from parental duties, including parental rights (Art. 87 of the RF IQ).

According to Art. 57 of the Constitution of the Russian Federation each obligated to pay legally established taxes and fees. Laws establishing new taxes or worsening the situation of taxpayers, the inverse force does not have.

Persons (citizens of the Russian Federation, foreign citizens and stateless persons are recognized as taxpayers and fellowship fees; individual entrepreneurs - individuals registered in installed manner and implementing business activities without the formation of a legal entity); Organizations - legal entities. Tax conditions are determined by the Tax Code of the Russian Federation.

As the main constitution of the Russian Federation determines responsibilities of a citizen of the Russian Federation to protect their fatherland and carry military serviceHowever, according to part 1 Art. 59 Defense of the Fatherland is a debt and obligation of a citizen of the Russian Federation.

Defense of the Fatherland is not only legal, but, above all, the moral requirement for each citizen, moral debt, universal duty. The defense of the Fatherland is expressed in ensuring the defense of the country and the security of the state, aims to protect the population, material and spiritual values \u200b\u200bof the Company.

According to Part 2 of Art. 59 Constitution of the Russian Federation A citizen of the Russian Federation carries military service in accordance with federal law.

The main acts specifying the Constitutional Regulations on citizens military serviceare federal laws of May 31, 1996 No. 61-FZ "On Defense", dated February 26, 1997 No. 31-FZ "On Mobilization Training and Mobilization in the Russian Federation", on March 28, 1998 No. 53-FZ "ABOUT military duty and military service "; dated May 27, 1998 No. 76-FZ" On the status of military personnel ", etc.

The main form of military duty is the passage of military service. Citizens have the right to fulfill the constitutional debt on the defense of the Fatherland and by voluntary receipt for military service. According to Art. 12 of the Federal Law "On Defense" the recruitment of the Armed Forces is carried out: 1) military personnel - by calling the citizens of the Russian Federation to military service exterritorial principle and by voluntary receipt of citizens of the Russian Federation ( foreign citizens) for military service; 2) federal state civil servants; 3) employees.

Citizen of the Russian Federation in the event that his convictions or religion contradicts the mutability of military service, as well as in other cases established by federal law, has the right to replace its alternative civil service (Part 3 of Art. 59 of the Constitution of the Russian Federation). Relationships related to the implementation of citizens of the Russian Federation of the constitutional right to replace military service upon calling by an alternative civil service, the conditions and procedure for carrying out alternative service are determined by the Federal Law of July 25, 2002 No. 113-FZ "On Alternative Civil Service", according to Art. 2 Who is a citizen who has the right to replace military service upon calling by an alternative civil service in cases if: a) Military service is contrary to his beliefs or religion; b) he refers to the indigenous small people, leads a traditional lifestyle, exercises traditional economic and engaged in traditional fisheries.

student 7 A class Onishchenko Evgeny Pavlovich

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Story:

"Constitution of the Russian Federation: rights and obligations

citizens of the Russian Federation "

Performed: student 7 a class

Onishchenko Evgeny Pavlovich

Leader: History Teacher

Timoshuk Nadezhda Nikolaevna

Rainbow Khmao-Ugra

2013

Constitution of the Russian Federation: the rights and obligations of citizens of the Russian Federation

The first lesson in grade 7 was class hourdedicated to the 20th anniversary of the Constitution of the Russian Federation.

The Constitution of the Russian Federation was adopted by a national vote (referendum) on December 12, 1993. This event has become important and, probably, key in the history of modern Russia.

Having come home from school, I asked a question to my parents and grandmother: "Did they participate in the referendum 1993?". I wanted to know whether my close to the history of our country was involved. Indeed, in the Constitution it is written that the source of power is the multinational people. Only adult citizens of the state have the right to take part in free elections and referendums. Grandma told about how she and grandfather went to the polling station on December 12, 1993. There was a clear, sunny day, played music, people actively voted.

And I am proud that member of my family did not remain indifferent to the fate of my generation, showed responsibility and active civil position by voting for a new constitution thatfor the first time, he recognized the highest value of human rights, not a party ideology, and put on the first place the democratic freedoms and personal interests of citizens.

What is the Constitution? The constitution is the main law of the state. It defines: the foundations of the state system, the system of government, the procedure for their education and activities, the rights and obligations of citizens. The constitution has the highest legal force. This means that no law of the country can contradict it.

The 1993 Constitution consists of nine chapters. The second chapter is called "human rights and freedom and citizen" and has 64 articles. Its provisions make up the basis legal status Personalities in the Russian Federation. Human rights and citizen are the highest value of the legal and democratic state, which is Russia. As recorded in the Constitution of the Russian Federation, the basic rights and freedoms of a person are unmanufactured and belong to everyone from birth.

The human right is the opportunity to do anything, to do something in a certain way, to have something, this is what is inherent in a person from birth and is natural to humans, for example: the right to life, the right to personal integrity, the right to control strange t. d. In addition, the Constitution states that the recognition, adherence and protection of human rights and freedom and citizen is the duty of the state. Life to the child gives parents, and the right to life guarantees him a state. It provides others, vital law.

The basic human rights and citizen are divided into: personal, political, socio-economic.

Personal rights and freedoms of a person:

  • the right to life and dignity;
  • the right to inviolability of personality, dwelling, private life, personal and family mystery, protection of their honor and good name;
  • the right to the secret of correspondence, telephone conversations, postal, telegraph and other messages;
  • the right to define national affiliation;
  • right to use the native language;
  • the right to freedom of movement and place of residence;
  • the right to freedom of conscience, religion;
  • the right to freedom of thought and words.

In person's personal life, no one has the right to interfere, even the state. These rights are protected by law, that is, the Constitution.

Political rights and freedoms of man and citizen:

  • the right to participate in government management;
  • right to contact various state organizationsto defend their interests;
  • conduct peaceful meetings, rallies, demonstrations;
  • unite for the creation of parties, organizations;
  • the right to elect and be elected to state authorities and local governments, as well as to participate in the referendum;
  • right to equal access to public service;
  • the right to participate in the administration of justice.

The basis of human political rights is the right to participate in government management. Each adult (18 years) citizen of Russia has the right to elect and be elected (from 21 g) to state authorities.

Socio-economic rights and freedoms of a person and a citizen:

  • right to private property;
  • right to work and rest, free choice of profession
  • the right to social security;
  • right to health and medical care;
  • right to education;
  • the right to participate in cultural life and the use of cultural institutions, to access cultural values;
  • right to a favorable environment;
  • the right to freedom of economic activity.

Socio-economic rights cover important areas of human life: education, labor, health care, culture, property.

The state guarantees a citizen of law and freedom, but at the same time a citizen has duties to society, which are also enshrined in the second chapter of the country's basic law.

For example:

  • comply with the Constitution of the Russian Federation and the laws;
  • respect the rights and freedoms of other citizens
  • everyone is obliged to pay legally established taxes and fees,
  • maintain nature and the environment,
  • the duty of parents to take care of children, about their upbringing,
  • the responsibility of adults-bodied children is to take care of their disabled parents.

And the defense of the Fatherland is the debt of citizens of the Russian Federation.

Thus, the duties of a citizen is that the person is obliged to carry out, does not violate the rights and freedoms of others.

I believe that rights and obligations are the two sides of the unified state of mutual recognition of people, therefore there is no rightless rights and by turnover. In support of this I want to bring the statement of the French philosopher V. Kuzen, which I really liked: "Duty and right - brothers, they have one mother - freedom. They are born together on the same day, they grow, develop and die together. "

I think that every citizen of the legal, democratic state of the Russian Federation should not only know the rights, but not to violate the rights of others and fulfill the duties of a person and a citizen. Every citizen of the Russian Federation should remember that the ignorance of the country's laws does not frees it from responsibility.

The constitutional duties of the state are reflected primarily in Ch. 1 basic law fixing the foundation constitutional system, as well as in his ch. 2, defining human rights and freedom and citizen. It follows that state duties, firstly, have a dual legal nature and dual appointment: on the one hand, they arise from the public authority function on the organization of society and ensuring its livelihoods, and on the other - they are personalized in relation to the individual as a subject of law enforcement and act as guarantees of personal rights; Secondly, they do not form an independent system within the principal law or along with it, but constitute a part of the Constitution in systemic unity with all its provisions - primarily the principles of the constitutional system of the Russian Federation, human rights and freedoms and citizen.

It should be noted that the phrase "state duty" is found in the Constitution only once: "A person, his rights and freedoms are the highest value. Recognition, respect and protection of human rights and freedoms and citizen - the duty of the state" (Art. 2).

Despite the specified circumstance, the constitutional system for the protection of human rights and freedoms and citizen in the Russian Federation is an integrative phenomenon uniting regulatory principles and norms that determine the essence and content of the constitutional rights and freedoms of a person and a citizen, as well as the necessary legal mechanisms for their implementation. Components constitutional system The protection of human rights is the institutional authorities, as well as the relevant methods, procedures and means of ensuring both the constitutional rights of human and citizen and the international obligations of Russia for human rights.

The conceptual basis of the regulatory content of the constitutional system for the protection of human rights and freedoms in the Russian Federation is the rights guaranteed by the Constitution (Article 19) - the equality of the rights belonging to everyone from birth and, therefore, directly existing independently of nationality, religion, belief, origin, property and official position, place of residence. The term "everyone" is widely used in the Constitution. It suggests that generally accepted rights and the fundamental freedoms of a person are not only among the citizens of Russia, but also to all who are within its jurisdiction. At the same time, the Constitution of the Russian Federation contains a certain list of rights and obligations that can be carried out in full and in full can only be carried out by citizens of the Russian Federation (which have reached 18 years of age).



According to the Constitution of the Russian Federation, the recognition, respect and protection of human rights and freedoms and citizen are the responsibility of the state, and their guarantor is the President of the Russian Federation as the head of state.

The main institutional mechanisms in the constitutional system for the protection of human rights and freedoms and citizen are all branches of state power. These are legislative and executive authorities, local governments, judicial, and also administrative authoritiesThose through the specifics of their specifics, procedures and funds fruitfully contribute to the state in the performance of the constitutional duty entrusted to him in the field of human rights. According to the Constitution of the Russian Federation (Art. 18), human rights and freedoms and citizen define the meaning, the content and application of laws, the activities of the legislative and executive power, local self-government is provided by justice.

The components of a comprehensive system of protecting human rights in the Russian Federation include other state institutions that do not belong to the legislative, or the executive power (authorized by the RF Human Rights, Public Chamber RF, etc.), civil society institutions, in particular public associations. The activities of these non-legislative, nor the executive authorities have a significant impact on the strengthening of democratic legal statein which human rights should be provided and defended in accordance with generally accepted standards.



Combining the efforts of both government and independent institutions are aimed at the maximum full implementation of the fundamental rights of man and citizen, ensuring their protection throughout the Russian Federation; Organic interaction of human rights institutions and mechanisms with other constitutional institutions based on the accounting of principles federated Device, government and government management; Ensuring strict following the Russian Federation to international standards in the field of human rights protection and the implementation of international obligations to ensure and protect them.

Legislatives Associate a role in the constitutional system for the protection of human rights primarily through law-conducting activities expressed in the adoption of laws and other regulatory legal acts aimed at ensuring constitutional guarantees of human rights and freedoms and citizen, legal support The creation and functioning of the most efficient mechanisms, structures and methods necessary for their protection. The legislative bodies also determine the limits (measures) of freedom, the possibility of realizing human rights and freedoms and citizen. Extremely important principle that determines the functioning of legislative bodies in the expanded system for the protection of human rights and citizen, is the introduction of a direct ban on a law that violates human rights: "Laws that abolish or detractory rights and freedoms and citizens should not be published in the Russian Federation (part 2 Art. 55).

The legislative bodies through the procedures determined in the Constitution of the Russian Federation exercise the legal registration of the participation of the Russian Federation in international human rights agreements and within their competence control the fulfillment of international obligations arising from them.

Executive bodies Authorities, organs local governmentAlso, administrative authorities should take care of the creation for everyone who is under the jurisdiction of the Russian Federation, legal, organizational and material conditions for the implementation of constitutional rights and freedoms. The Government of the Russian Federation, in particular, in accordance with Art. 114 of the Constitution of the Russian Federation "measures measures to ensure the legality, rights and freedoms of citizens."

Along with the mechanism legal regulation and consolidate the responsibilities of the executive authorities to ensure constitutional rights and freedoms, the constitutional human rights system includes the institution of responsibility government agencies in this domain. Article 46 of the Constitution of the Russian Federation provides that solutions and actions (or inaction) of state authorities, local governments and their officials Can be appealed to the court. The Constitution of the Russian Federation (Art. 52) guarantees the protection of the rights of victims from crimes and abuse of power, as well as obliges the state to access justice and compensation for damage. Officials are responsible for their violation, in particular for non-performance court decisionsindicating specific violations of individual or collective constitutional rights and freedoms.

A special role in the human rights system of the Russian Federation is given, according to the Constitution of the Russian Federation (part 1 of article 46), judicial authoritywhich is carried out through constitutional, civil, administrative and criminal proceedings (Art. 118). The judicial authorities are the main link of the constitutional system for the protection of human rights, carry out activities aimed at counteracting and preventing violations and restrictions on human rights and its fundamental freedoms, their illegal restrictions.

Additional legal guarantee of the protection of rights and freedoms not only russian citizensBut everyone who is under the jurisdiction of Russia is activities carried out by the Constitutional Court of the Russian Federation. According to the Federal Constitutional Law of July 21, 1994, N 1-FKZ "On the Constitutional Court of the Russian Federation" (Art. 3) Protection of the fundamental rights and freedoms of a citizen is its key function. The activities of the Constitutional Justice are aimed at ensuring the unity of the legislative and judicial practice In the protection of the rights and freedoms of man and citizen. Rights and freedoms act as a fundamental evaluation criterion for the Constitutional Court of the Russian Federation compliance of laws and other regulatory acts of the Constitution of the Russian Federation. By carrying out these functions, the Constitutional Court of the Russian Federation has a great influence on improving russian legislation, to bring it in line with international standards for the protection of human rights.

One of the institutional elements of the constitutional system for the protection of human rights and freedoms in the Russian Federation is the prosecutor's office of the Russian Federation, which ensures the protection of the constitutional rights and freedoms of man and citizen by means of a special kind state activities - supervision on behalf of the state for compliance with the Constitution of the Russian Federation and the execution of laws operating in Russia. The activities of the Prosecutor's Office of the Russian Federation pays great attention to the protection of the constitutional rights of citizens from unlawful actions or inaction of government officials. Recently, the human rights function of the prosecutor's office is becoming increasingly systematic, since the protection of human rights and freedoms is the main task of any branch of prosecutor's oversight.

Guaranteed in the Russian Federation, state protection of human rights and citizen does not exclude the possibility of a person to take independent actions to protect their rights. The Constitution of the Russian Federation (Part 2 of Art. 45) reads: "Everyone has the right to defend their rights and freedoms by all means not prohibited by law."

International Legal Mechanism individual protection The human rights and freedoms are also recognized by the Constitution of the Russian Federation, according to which (Part 3 of Art. 46), everyone who is under the jurisdiction of the Russian Federation has the right to apply for the protection of its rights to the relevant interstate bodies. In international practice, such bodies are called "conventional" (contractual), as they are created by the States parties to a particular international agreement, which give them competence - the right to consider complaints derived from victims of violations (individuals). Such authorities are the Human Rights Committee established in accordance with the International Covenant on Civil and Political Rights of 1966 and complementing it with the first Optional Protocol; Committee on torture, established in accordance with the Convention against Torture and other cruel, inhuman or degrading treatment and punishment 1984; The Committee on Racial Discrimination, established in accordance with the Convention on the Elimination of All Forms of Racial Discrimination of 1965. Russia is a party to a variety of such agreements (Covenants, Conventions, Protocols) and, accordingly, recognizes the competence of the conventional authorities approved by them and consider individual complaints. This means that everyone who considers their rights to be broken by the Russian state, subject to the necessary conditions may resort to relevant international procedures.

International Standards The creation of human rights is also involved in the creation of such national (domestic) human rights bodies, which are usually established by the national law (constitution or law) to implement specific functions in the field of human rights. In the domestic human rights protection system, these bodies that are neither judicial or legislators perform the function of the mechanism that complements the activities of state bodies. National human rights bodies are not authorized to make decisions that are mandatory from a legal point of view. However, this does not mean that the measures recommended by them and the public can ignore.

According to the Constitution of the Russian Federation and the relevant Russian legislative legal acts Such agencies include the Council under the President of the Russian Federation to promote the development of civil society institutions and human rights and the Commissioner for Human Rights in the Russian Federation, as well as the Public Chamber of the Russian Federation. Board at Chapter Russian state leads its history from November 1, 1993, when the Decree of the First President of the Russian Federation B.N. Yeltsin to assist the head of state in its implementation constitutional powers In the field of ensuring and protecting human rights and freedoms and a citizen, a Commission on Human Rights under the President of the Russian Federation was formed.

In order to strengthen the guarantees of state protection of the rights and freedoms of citizens, their observance and respect by government agencies, local governments and officials in 1993, the position of the Commissioner for Human Rights was established in the Russian Federation, which, according to the Constitution of the Russian Federation, is appointed and exempt from State Duma RF. According to the Federal Constitutional Law of February 26, 1997 N 1-FKZ "On the Commissioner for Human Rights in the Russian Federation", the Commissioner is intended to contribute to the restoration of violated rights; Improving the legislation of the Russian Federation on human rights and a citizen, bringing it in line with generally accepted principles and norms international law; development of international cooperation in the field of human rights; legal enlightenment on human rights and freedom issues.

The Institute of Human Rights Commissioner complements the existing funds for the protection of rights and freedoms of citizens, does not cancel and does not entail the revision of the competence of state bodies providing protection and restoration of violated rights and freedoms. Commissioner independent and not least to any government agencies and government officials. He is not entitled to engage in political activities, to be a member of the political party or other public association, pursuing political goals.

One of the main methods of implementing the authorized function of restoring violated citizens' rights is the consideration of individual and collective complaints on decisions or actions (inaction) of state bodies, local governments, officials, civil servants, if earlier the applicant appealed against these decisions or actions (inaction) in judicial or administrative orderBut I do not agree with the decisions taken on his complaint (Art. 16 of the Federal Constitutional Law "on the Commissioner for Human Rights in the Russian Federation").

Federal Law of April 4, 2005, N 32-FZ "On the Public Chamber of the Russian Federation" was established another body, whose competence includes the interaction of public organizations with state authorities and local self-government on the protection of human rights. The Public Chamber of the Russian Federation is designed to ensure an active part in the mechanisms for the protection of human rights human rights non-governmental organizations whose role is constantly intensified.

According to this law, the Public Chamber of the Russian Federation elected every three years (until 2012 - every two years) and interacts between citizens with federal state authorities, the state authorities of the subjects of the Federation and local governments in order to take into account the needs and interests of citizens of the Russian Federation, protection The rights and freedoms of citizens of the Russian Federation and the rights of public associations in the formation and implementation public Policy, in order to implement public control For the activities of federal executive bodies, the executive authorities of the subjects of the Federation and local governments, as well as to facilitate the implementation of state policies in the field of human rights in the places of compulsory content. The chamber's work schedule, the procedure for making decisions, the holding of plenary meetings is governed by the regulations of the Public Chamber of the Russian Federation.

Public Chamber of the Russian Federation conducts public expertise Socioly significant projects of federal laws, draft laws of the constituent entities of the Russian Federation, draft regulatory legal acts of the executive authorities of the Russian Federation and draft legal acts of local government bodies.

2006

Introduction

1. The concept of constitutional duties of citizens

Conclusion

In world scientific literature, there is a discussion about what kind of responsibilities it would be advisable to proclaim the main. An interesting classification, offered the Hungarian Professor I. Vig. He calls the following duties:

1) no one can impede, limit or infringe on the realization of the rights of others;

2) each individual is obliged to work and act in accordance with its abilities in the name of the implementation and protection of the interests of the Company;

3) Each citizen is obliged in accordance with its income and the property situation to carry a part of the social burden (taxes, etc.);

4) everyone is obliged to refrain from insulting or infringement of honor and human dignity others by distributing incorrect, unreasonable information, as well as lowering the public authority of other persons;

5) Each individual is obliged to take care of their children and about needing parents;

6) Each individual is obliged to provide assistance to those in need if danger, an accident or catastrophe;

7) everyone should refrain from environmental pollution;

8) the individual should strive to comply with not only legal, but also political and moral norms;

9) In the event of a collision, failure (impossibility), individuals cannot use violence, but should try to realize its rights through negotiations, compromises or by the state.

Although the above classification and heavenly, but certainly deserves attention. By analogy with the Declaration of Human Rights and Freedoms, I. Vig proposes to accept the Declaration of the main responsibilities of a person. The current situation in the world (war, violence, group egoism) is largely caused by disregard by people with their responsibilities, both in front of other people and before the states whose citizens they are.

2. Constitutional duties of citizens of Russia

- First, duties, in contrast to most rights and freedoms, are positive, i.e. It is established normatively (laws), while human rights relative to the state have predominantly natural, outstanding. Thus, no "natural", recycred and out-of-way duties in a person in relation to the state is not;

- Secondly, the Constitution of the Russian Federation comes from the principle of unity not only by the rights and freedoms, but also the duties of citizens of the Russian Federation (part 2 of Art. 6), therefore, no citizen of Russia can and should not arbitrarily shy away or exempted from the execution of that or other constitutional responsibilities, which, unlike the right, which is the measure of the possible behavior of the controlled person, is a measure of due, the necessary behavior of the obligated person. Liberation from one duty, as well as its establishment, can only take place on the basis of the law;

- Third, like some rights and freedoms, certain responsibilities may not be assigned to any person living in Russia (for example, the obligation to pay taxes and fees, to maintain nature and the environment, etc.), but only on citizens / Russian Federation (in particular, the duty to protect the fatherland).

Conclusion

The duties of citizens of most democratic states include compliance with laws, respect for the rights and freedoms of other persons, paying taxes, the preservation of nature, cultural monuments, etc. In the constitutions of individual states, it is also said about the duties to work (Japan, Italy, Ecuador, etc.), take care of their health and timely resort to therapeutic care (Uruguay).

Constitutional duties: aimed at protecting, protecting and developing essential social values; serve the implementation of both personal and public interests; Have a higher legal force.

Constitutional obligations can be divided into common and specific.

The first group includes the following duties of citizens of the Russian Federation:

Comply with the Constitution of the Russian Federation and federal laws (part 2 of Art. 15 of the Constitution of the Russian Federation), respect the rights and freedoms of others, to bear other obligations established by law;

Maintain nature and the environment, carefully refer to natural wealth;

Take care of the preservation of historical and cultural heritage, take care of monuments of history, culture, nature (Art. 44).

The second group of constitutional legal obligations include:

Parental responsibilities (art. 38);

The obligation to pay legally established taxes and fees (Article 57);

Military duty (Art. 59).

Literature

      Nekrasov S.I. Constitutional law of the Russian Federation. - M.: Yurait-Edition, 2006.

      Smolensky M.B. Constitutional law of the Russian Federation for university students. - Rostov-N / D: Phoenix, 2005.

      Malinovskaya V.M. Constitutional law of Russia in matters and answers. - M.: TK Velby, Publishing House Prospect, 2005.

      Constitutional law of Russia: a textbook / ed. G.N. Komkova. - M.: Lawyer, 2005.

Smolensky M.B. Constitutional law of the Russian Federation for university students. - Rostov-N / D: Phoenix, 2005. P. 91.

A prerequisite for the realization of human rights and freedoms is the fulfillment of legal duties. Attention is drawn to the fact that, in the main law of the Russian Federation, a limited circle of main responsibilities is specified, unlike the previous Soviet constitutions, where almost every right corresponded to the duty. In the constitutional law under the legal (constitutional) duty, the social necessity of a certain behavior of the person established by the state is understood.

The Constitution establishes the following main responsibilities:

  • · Comply with the Constitution of the Russian Federation and laws (Art. 15);
  • · Pay legally established taxes and fees (Art. 57);
  • · Saving nature and the environment, carefully refer to natural wealth (Art. 58);
  • · Protect the Fatherland, including carrying military service (Art. 59);
  • · Take care of children (Art. 38);
  • · Take care of disabled parents (Art. 38);
  • · Get \u200b\u200bthe main general education (Art. 43);
  • · To take care of the preservation of historical and cultural heritage, take care of the monuments of history and culture (Art. 44).

Article 60 of the Constitution establishes that a citizen of the Russian Federation can independently fulfill its rights and obligations from 18 years.

Responsibilities are an integral part of the legal status of the person. They are closely related to human rights and freedoms and citizen, and this should explain the fact that the responsibilities are fixed in the ch. 2 of the Constitution of the Russian Federation ("human rights and freedoms and citizen"). It is impossible to imagine a person carrying only the responsibilities, as impossible and human rights is not obligations. Freedom only then becomes real when it acquires the features of the order based on the right, and the order of it is the unity of rights and obligations.

Equality of responsibilities - this principle concerns every citizen of Russia and is directly related to the equality of rights and freedoms. In practical terms, he means that no citizen should be released or shy away from duties, this burden equally applies to all citizens.

However, many people who are not citizens live in Russia. The Constitution does not exempt them from some of the duties (pay taxes, maintain nature), since many rights and freedoms are enshrined soon. But some duties on these persons do not apply, they are only characteristic of citizens (to defend the Fatherland, etc.).

Compliance with the Constitution and Laws is the main responsibility that lies with the citizens, as stated in Art. 15 of the Constitution of the Russian Federation. In fact, it applies to not citizens, because it cannot be assumed that someone from the people living in the country have a privilege not to comply with the laws in this country. Compliance with the Constitution and Laws is an universal rule that does not know exceptions. Right: tutorial. / Ed. ON THE. Teplova, M.V. Malinovich. - M.: Uniti, 2008. - 306 p.

This constitutional duty should not be limited only by the Constitution of the Russian Federation and actually legislative acts. It contains a wider content that can be defined as law. This means that citizens are also obliged to comply with the subtitles, the Constitution and the laws of the subjects of the Federation, acts of local self-government. Essentially, we are talking about the observance of the current Russian legislation, which includes acts not only by the highest legal, strength.

In addition to general duty Comply with the Constitution, there is a direct prescription to citizens to comply with specific constitutional prohibitions. So, in Art. 13 It is prohibited to the creation and activities of public associations, the goals and actions of which are aimed at a violent change in the foundations of the constitutional system and violation of the integrity of the Russian Federation, undermining the security of the state, the creation of armed formations, inciting social, racial, national and religious retail. This norm specifies the constitutional duty of citizens, prescribing them to refrain from these actions.

Respect for the rights and freedoms of other persons is the most important condition of freedom, its necessary limit and the fundamental principle of law and order. Art. 17 of the Constitution establishes that the implementation of human rights and freedoms and citizen should not violate the rights and freedoms of other persons.

Respect for other human rights requires developed legal awareness and restraining morals began in man, especially when the rights of another person are obstacle to the implementation own desiresEven legitimate. The egoistic implementation of its rights at the expense of the rights of others is the simultaneous violation of the norms both rights and morality, it is the path to conflicts between people and the approval of the kingdom of law strong. The Constitution proposes the only possible way to avoid this - the duty enshrines the responsibility of human passions and ambitions in the direction of conscious self-regulation and the reasonable balance of their own and other people's rights.

In art. 38 of the Constitution enshrined two constitutional duties of citizens. First, parents are obliged to take care of children, their upbringing. Secondly, able-bodied children who have reached 18 years must take care of disabled parents. These duties of citizens reflect the personal responsibility of each person for the fate of their parents and children when they are already or not elsewhere to provide their living needs. Along with the legal consolidation of the highly powerful content of these constitutional prescriptions, the state provides for the relevant duties of citizens, in particular material support. Civilian I. family legislation Regulates the legal relations arising from the constitutional duties under consideration, ensuring the protection of their respective rights.

The Constitution imposes a major general education for each citizen, and on parents or persons who replace them, - the duty to ensure the receipt of children of this education (Art. 43). Naturally, children cannot be responsible for violating this duty, it is difficult to also imagine that their responsibility in adulthood, especially since the requirement of the obligation of basic general education remains prior to achieving a teenager for 15 years. The only consequence for an uneducated person is the impossibility of receipt without a certificate of maturity into higher educational institution and classes of a number of posts.

The establishment of parental responsibilities is more specific, but also here is a violation of the obligation, unfortunately, does not entail any responsibility. Consequently, the legal meaning of these duties is small, it comes down to a reasonable reminder to people about the need to receive them with the children of basic general education, without which their life adaptation will be difficult.

Everyone is obliged to take care of the preservation of historical and cultural heritage, take care of monuments of history and culture (Art. 44 of the Constitution). "Constitution of the Russian Federation" (accepted by a nationwide vote 12.12.1993) (with amended 07/21/2014) It is clear that this duty can not lie only on the state, besides, many cultural values \u200b\u200bare in private ownership of citizens. Relationships in this area regulate the foundations of the legislation of the Russian Federation on culture, the law of the Russian Federation "On the protection and use of historical and cultural monuments" (as amended from June 25, 2002). Decree of the President of the Russian Federation of February 20, 1995 approved list objects of the historical and cultural heritage of the federal (all-Russian) meaning, including such objects of all regions of the country. Theory of State and Law. / Ed. MM Rights., V.O. Luchy, B.S. Ebzeyev. - M.: Uniti, 2010. - 210 p.

This constitutional duty is aimed at preserving the material and spiritual values \u200b\u200bof the multinational people of Russia, the development of its culture.

Everyone is obliged to pay legally established taxes and fees (Art. 57 of the Constitution of the Russian Federation). This is an elementary requirement for a person and a citizen who lives in society and uses the benefits of state activities. With the help of taxes, the state provides the defenses and security of citizens, develops the economy, education, science, health care in the interests of the whole society. However, taxes and fees can be established only by laws, not by subtitle legal acts. Guarantee Protection Duty Constitution

The Tax Code of the Russian Federation established that taxes are divided into federal, subjects of the federation and local. They are paid in certain sizes and in advance deadlines. For evading payment and violation of the procedure for paying taxes, taxpayers are administrative, and in some cases criminal liability.

The Constitutional Court of the Russian Federation noted in the decision of March 21, 1997, which general principles of taxation and fees relate to the main guarantees, the establishment of which federal law ensures the implementation and compliance with the foundations of the constitutional system, the fundamental rights and freedoms of man and citizen, the principles of federalism in the Russian Federation.

However, the duty timely and fully pay taxes and fees are combined with certain taxpayers' rights established by law (to meet inspection materials, appeal tax inspections and etc.). The Constitution adds to this that laws that establish new taxes or worsening the situation of taxpayers do not have the inverse force.

For the survival of mankind there is no greater danger than the destruction of nature, air pollution, earth and reservoirs. The preservation of the environment is conscious of the world community as the first task and debt not only every state, but also of each person of the planet. The Constitution of the Russian Federation states: "Everyone is obliged to maintain nature and the environment, carefully refer to natural wealth" (Art. 58).

The constitutional duty is specified in a number of legislative acts. So, B. Federal Law "On the environmental protection" (as editors of December 31, 2005) consolidated the responsibility of citizens carefully to nature and natural wealth, comply with the requirements of the law. The duty to protect forests was recorded in the Forest Code of the Russian Federation. The Federal Law "On Animal World" introduces a number of duties of citizens (to comply with the established rules, norms and terms of use of the animal world, prevent the destruction or deterioration of animal habitats, to ensure the protection and reproduction of the objects of the animal world, to apply with the animal of the world humane methods, etc. ). Other environmental acts operate.

For violation of environmental legislation, property, administrative and criminal liability has been established.

The Constitution of the Russian Federation announces the defense of the Fatherland "duty and obligation of a citizen of the Russian Federation" (Art. 59). "Constitution of the Russian Federation" (adopted by a national vote 12.12.1993) (with amendments from 07.21.2014) In this case, the legal obligation is connected to the moral category (debt), thereby forming an immutable law of civilian behavior. The concept of "Fatherland" refers to eternal values, it expresses the connection of each person with his ancestors and their affairs, in it the personification of heroic history, culture, spirituality of the multinational people of Russia. Fatherland is the security and tranquility of today's life, irrevomination of the borders and the strength of statehood. But the defense of the Fatherland and the Military Service is not the same. The defense of the fatherland involves the duty of each military-rich citizen to "stand up for a gun" in the event of aggression against Russia, the official announcement of war and universal mobilization.

The obligation to protect the Fatherland does not apply to citizens if the military formations of the Armed Forces of the Russian Federation, in which they carry the service, are sent beyond the territory of the Russian Federation to participate in peacekeeping activities. Federal Law "On the procedure for granting the Russian Federation of military and civilian personnel to participate in maintenance or restoration activities international Mira and the security "of June 23, 1995 provides that military personnel, aimed to participate in peacekeeping activities, is completed on a voluntary basis by military personnel by the military service under the contract (Article 8).

Citizens carry military service in accordance with federal law. The Federal Law "On Military Responsibilities and Military Service" (as amended from January 6, 2007) found that all male citizens aged 18 to 27 years old, who did not have the right to exempter or deferred Call. The law regulates military accounting, preparation for military service, commissioning for military service, the passage of military service, staying in the reserve (reserve), military training in war time. A citizen who did not appear on the agenda of the call for military service or military fees within the specified period without good reason or received by deception illegal liberation or deferment from the call is subject to criminal responsibility For evasion from calling. The possibility of receipt of men and women to military service under the contract, including for foreigners.

Questions of military service (term, contract conclusion, the order of selection of candidates, etc.) are regulated by the Regulations approved by the Decree of the President of the Russian Federation (as amended on April 17, 2003). Legal status The servicemen are determined by the Federal Law "On the status of military personnel" (as amended from January 6, 2007).

However, there are many citizens, the beliefs of which or their religion contradicts the martial service. These citizens, as well as citizens belonging to indigenous peoples, are entitled to replace the military service of alternative civilian. This rule is enshrined in the Constitution of the Russian Federation and the Federal Law "On Alternative Civil Service" (as amended from July 6, 2006). Alternative civil service Citizens are held in organizations submitted by the executive authorities, in the organizations of the Armed Forces as a civilian personnel.

Decree of the President of the Russian Federation (as amended on August 16, 2004) as specially authorized federal executive bodies on the organization of alternative civil service federal Service According to labor and employment and the Ministry of Defense of the Russian Federation. Those federal bodies executive authorities who are interested in passing an alternative service by citizens in the organizations subordinate to them represent the relevant proposals for types of work, professions, posts. The procedure for the adoption of the necessary decisions is established by the Government of the Russian Federation. Theory of State and Law. / Ed. A.I. Karearea. - M.: Uniti, 2010. - 380 p.

The Constitutional Court of the Russian Federation in the Definition of May 22, 1996 noted that the responsibility for evading the next call to the actual military service could be only distributed to persons to be called for such a service and does not concern legal relations related to the passage of alternative civil service. The actions of citizens who implement their constitutional right to replace military service by an alternative civil service cannot be regarded as evasion without a valid cause of military service and, therefore, are not subject to signs of criminal offense.

It should be borne in mind that the army reform began, and especially the upcoming transition to the regular army on a professional basis will entail significant change Military service legislation.