Cite this article as:

Nesmeyanova S. E. National Mechanism for Judicial Protection of Fundamental Human and Civil Rights and Freedoms in the Context of Federal Relations. Izv. Saratov Univ., Economics. Management. Law, 2020, vol. 20, iss. 3, pp. 310-319. DOI: https://doi.org/10.18500/1994-2540-2020-20-3-310-319

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Heading: 
Law
UDC: 
342.72
Language: 
Russian

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

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

Author: 
Nesmeyanova
Svetlana
E.
Company: 
Ural State Law University
21 Komsomol’skaya St., Ekaterinburg 620137, Russia
E-mail: 
nesmeyanova@yandex.ru
Key words: 
fundamental rights and freedoms
national protection
federalism
constitutional justice bodies
amendments to the Constitution
DOI: 
https://doi.org/10.18500/1994-2540-2020-20-3-310-319
References: 
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Izv. Saratov Univ. (N. S.), Ser. Economics. Management. Law, 2020, vol. 20, iss. 3