Rights of Citizens under the Constitution 1977. Coursework "Rights and Freedoms of Citizens in the Soviet and Russian Constitutions". Fundamental freedoms as an element of the constitutional and legal status of the individual
Topic: Rights and freedoms of citizens in constitutions
Introduction
1. Theoretical aspects of the constitutional rights and freedoms of citizens
1.1. The concept and essence of the constitution
1.2. General characteristics of the constitutional rights and freedoms of citizens
2. Constitutions in Russia
2.1. Constitution of the RSFSR 1918
2.2. The Constitution of the USSR of 1924 and the Constitution of the RSFSR of 1925
2.3. Constitution of the USSR 1936
2.4. USSR Constitution 1977
2.5. Constitution of the Russian Federation 1993
Conclusion
List of used literature
Introduction
At present, the study of the rights and freedoms of citizens in Soviet constitutions is relevant. This is explained by the fact that the Constitution enshrines the most important and socially significant rights and freedoms for an individual, society and the state. For a person, they are necessary conditions for ensuring his dignity and honor inherent in the human person; the natural right to participate in solving questions of the organization and management of the society of which he is a member; social and economic conditions necessary for him to satisfy his vital material and spiritual needs. Therefore, the basic fundamental rights enshrined in the constitution of the state are the legal basis for derivative, but no less important rights.
The significance of the Constitution is determined by the fact that the norms established in it should act as a form of embodiment of the state will of the people, that is, the tasks that society sets for itself. Thus, constitutional rights and freedoms are the main element of the constitutional legal relationship in which the state and the citizen participate. For a citizen, the meaning of such a legal relationship is to obtain protection of their rights, and for the state, the obligation to provide this protection.
The object of study of this project is the social relations that developed as a result of the application of Soviet constitutions.
The subject of the study is the rights and freedoms of citizens in Soviet constitutions.
The goal is to study the rights and freedoms of man and citizen enshrined in Soviet constitutions.
The goal of this project can be achieved as a result of solving the following tasks:
- Define a constitution.
- List the basic constitutional rights and freedoms of citizens.
- To identify the features of the Constitution of the RSFSR of 1918, the Constitution of the USSR of 1924, the Constitution of the RSFSR of 1925, the Constitution of the USSR of 1936 and the Constitution of the USSR of 1977.
- Describe the 1993 Constitution of the Russian Federation.
- List the rights and freedoms of citizens in the Constitutions of the RSFSR, the USSR, the Russian Federation and compare them.
The structure of this project consists of an introduction, two chapters, a conclusion and a list of references.
The first chapter reveals the concept and essence of the constitution and characterizes the basic rights and freedoms of citizens.
The second chapter is devoted to the characteristics of the Constitution of the RSFSR of 1918 and 1925, the Constitutions of the USSR of 1924, 1936 and 1977, the Constitution of the Russian Federation of 1993; a comparison of these constitutions is given in terms of the rights and freedoms of citizens.
In conclusion, the main conclusions are given.
2. CONSTITUTIONS IN RUSSIA
2.1. Constitution of the RSFSR 1918
The Constitution of the RSFSR was adopted by the V All-Russian Congress of Soviets, which opened on July 4, 1918 in Moscow, at the Bolshoi Theater.
The first Constitution consisted of 6 sections and included 17 chapters and 90 articles. Analyzing the first Russian Constitution, one can state its predominant political nature - the consolidation of a new system, new foundations of state power. In Soviet constitutional law, the so-called ideological function was also singled out, denying ideological diversity and imposing one state idea on the population of the country. There is no doubt that this function was the basis of the new Constitution.
The first Constitution of the RSFSR proclaimed direct inequality among the population of the country. For example, people who did not belong to the poorest segments of the population did not have political rights, in particular to vote. Such rights as freedom of speech, press, assembly and unions were given a purely political character, they were assigned only to workers (clauses 14, 15, 16 of chapter 5 of section I of the Constitution of the RSFSR of 1918). But even these few freedoms granted to a separate part of the population were not unconditional.
During the preparation of the first Soviet Constitution, some issues were simply neglected, in particular, the idea of constitutional justice was not discussed as ideologically unacceptable. The very idea of abolishing the exploitation of man by man was immediately replaced by the idea of exploitation of man by the state: universal labor service was introduced (clause “e” of Chapter 2, Section II of the Constitution of the RSFSR of 1918). The principle of separation of powers was completely denied (paragraph 31 of chapter 7, paragraph 62 of chapter 12 of section III of the Constitution of the RSFSR of 1918).
The constitution allowed for the deprivation of exploiters of any rights if these rights were used to the detriment of workers. Two specific cases of such deprivation of rights were expressly provided for. Article 65 of the Constitution of the RSFSR of 1918 deprived the voting rights of persons resorting to hired labor for the purpose of making a profit, living on unearned income, private merchants, trade and commercial intermediaries; monks and spiritual ministers of churches and religious cults, employees and agents of the former police, a special corps of gendarmes and security departments, as well as members of the house that reigned in Russia; persons recognized in accordance with the established procedure as mentally ill or insane, as well as persons under guardianship; persons convicted for mercenary and discrediting crimes for a term established by law or a court sentence. Article 19 of the Constitution of the RSFSR limited their right to military service, saying that the right to defend the revolution with weapons in their hands is granted only to working people; non-labor elements were charged with other military duties. A characteristic feature of Soviet democracy was its internationalism. Democracy exists not for one chosen people, but for all citizens, regardless of their nationality. This principle was enshrined in the most general form in Art. 22 of the Constitution: “The Russian Socialist Federative Soviet Republic, recognizing equal rights for citizens regardless of their race and nationality, declares that it is contrary to the fundamental laws of the Republic to establish or allow any privileges or advantages on this basis, as well as any kind of oppression of national minorities or restriction of their equality”. Two special articles of the Constitution of the RSFSR corresponded to this general norm. Article 21 provided for the granting of asylum to foreigners persecuted for political and religious crimes, and on the basis of Art. 20 All working foreigners could obtain the rights of Russian citizenship by decision of the local Soviets "without any difficult formalities". The Constitution also proceeded from the principle of equality of the sexes, the equality of women and men. Despite the fact that there is no special article about this in the text, the principle of equality is consistently carried out throughout the Basic Law. The equality of women with men is specially emphasized in the suffrage, where it is of particular importance. The constitution provided citizens with a wide range of democratic freedoms for its time: freedom of conscience (art. 13 of the Constitution of the RSFSR), freedom of speech and press (Article 14 of the Constitution of the RSFSR), freedom of assembly (Article 15 of the Constitution of the RSFSR), freedom of association in all kinds of unions (Article 16 of the Constitution of the RSFSR). At the same time, there are no reservations or restrictions in the law, except for those already mentioned - class ones: all freedoms are granted only to workers. In this regard, the problem of guaranteeing these rights and freedoms is also important. All articles of the Constitution of the RSFSR, proclaiming certain freedoms, contained an indication of their material support.
Also, the Constitution of the RSFSR of 1918 reflected such a feature of Soviet democracy as compliance with the rights of citizens of their duties. Having listed the rights of citizens, the Constitution also names their most important duties. Yes, Art. 18 of the Basic Law of the RSFSR proclaims the universal obligation to work, and Art. 19 - universal military duty.
2.2. The Constitution of the USSR of 1924 and the Constitution of the RSFSR of 1925
The USSR Constitution of 1924 consisted of two sections: the Declaration on the Formation of the USSR and the Treaty on the Formation of the USSR. The Constitution of the USSR of 1924 does not contain chapters on the rights and obligations of citizens. All these questions were solved by republican constitutions. Therefore, on May 11, 1925, at the XII All-Russian Congress of Soviets, a new Constitution of the RSFSR was approved. The specified Constitution of the RSFSR consisted of six sections. Articles 4, 5, 6, 7 and 8 of the Constitution of the RSFSR of 1925 contained the following rights and freedoms of citizens:
Freedom of conscience. In order to ensure real freedom of conscience for the working people, the church was separated from the state and the school from the church, and the freedom of religious beliefs and anti-religious propaganda was recognized for all citizens. However, this clause was introduced into the Constitution only on May 18, 1929;
Freedom of expression. In order to ensure real freedom of expression for the working people, the Russian Socialist Federative Soviet Republic abolished the dependence of the press on capital and placed in the hands of the working class and peasantry all the technical and material means for the publication of newspapers, pamphlets, books and all other printed works and ensured their free distribution throughout the country;
Freedom of assembly. The Russian Socialist Federative Soviet Republic recognized the rights of citizens of the Soviet Republic to freely organize meetings, rallies, processions, etc., and placed at the disposal of the working class and the peasantry all premises suitable for arranging people's meetings;
Freedom of association. The Russian Socialist Federative Soviet Republic, having broken the economic and political ruling classes and thereby removed all the obstacles that prevented the workers and peasants in bourgeois society from enjoying freedom of organization and action, assisted the workers and peasants in their unification and organization;
The right to education. The Constitution of the RSFSR fixed the norms on providing citizens of the Russian Socialist Federative Soviet Republic with a complete, comprehensive and free education.
Proceeding from the equality of the rights of citizens, regardless of their race and nationality, the Russian Socialist Federative Soviet Republic declared any oppression of national minorities or restriction of their equality, as well as the establishment or admission of any kind of direct or indirect) advantages for individual nationalities and recognized the right of all citizens of the RSFSR and provided them with the full opportunity to freely use their native language at congresses, in court, at school, in government and in public life. Also, the RSFSR granted the right of asylum to all foreigners who were persecuted for revolutionary liberation activities. Thus, the Constitution of the RSFSR of 1925 granted citizens only certain political, personal, social and cultural ones.
Also, it should be noted that Article 14 of the Constitution of the RSFSR secured the deprivation of individuals and certain groups of civil rights, which they enjoyed to the detriment of the interests of the socialist revolution.
2.3. Constitution of the USSR 1936
By the mid 30s. Significant changes took place in all spheres of life in the USSR. The social composition of the population has changed, the private sector has been destroyed in industry and agriculture, qualitative changes have taken place in the system of state institutions and in the sphere of national-state construction. It was officially
proclaimed the building of the foundations of socialism in the USSR.
At the beginning of 1935, the Central Committee of the All-Union Communist Party of Bolsheviks decided to amend the Constitution of the USSR of 1924, which should have reflected the changes that had taken place in the country. On February 7, 1935, a Constitutional Commission of 31 people was created, headed by I. V. Stalin. In the process of work, the commission came to the conclusion about the need for a new Constitution.
The 1936 constitution transformed the Soviets of Workers', Peasants', and Red Army Deputies into Soviets of Workers' Deputies and abolished restrictions on the right to vote for persons who had previously exploited the labor of others. The USSR Constitution of 1936 did not contain program provisions. Chapter I asserted the existence in the USSR of two friendly classes: workers and peasants. The Soviets of Working People's Deputies constitute the political basis of the USSR, while the economic basis is the socialist economic system and socialist ownership of the instruments and means of production. The constitution provided for two forms of socialist property - state property (public property) and collective farm-cooperative. Land, its subsoil, waters, forests, plants, factories, mines, mines, railway, water and air transport, banks, means of communication, large agricultural enterprises organized by the state (state farms, MTS, etc.), as well as public utilities and the main housing stock in cities is state property, i.e. public property. The property of collective farms and cooperative organizations consists of public enterprises in collective farms and cooperative organizations with their live and dead implements, products produced by collective farms and cooperative organizations, and public buildings. The earth was anchored
for collective farms for free and indefinite use, i.e. forever.
Each collective farm yard, in addition to the main income from the public collective farm, has for personal use a personal plot of land and in personal ownership - a subsidiary farm on a personal plot, a residential building, productive livestock, poultry and small agricultural implements. The Constitution of the USSR of 1936 allowed for small-scale private farming by individual peasants and handicraftsmen, excluding the exploitation of the labor of others.
The Constitution guaranteed the legal protection of the personal property of citizens of the USSR acquired with labor income and savings, a residential building and ancillary households, household and household items, personal consumption, as well as the right to inherit personal property. The Constitution approved the provision that the economic life of the country is regulated by the state national economic plan. The Constitution enshrined the principle of labor and distribution: "from each according to his ability, to each according to his work." The constitutional principle “from each according to his ability” means the obligation of the state to organize the economy in such a way that all able-bodied people are provided with a job. Unemployment in the USSR was officially eliminated in the early 1930s, but in reality - by the time the Constitution of the USSR was drafted in 1936.
Chapter II of the Constitution "State System" consolidated the principles of federalism, the voluntariness of the unification of equal union republics, delineated the competence of the Union and union republics. Each union republic had its own constitution, which was in accordance with the Constitution of the USSR. Each republic retained the right to freely secede from the USSR; the territory of the union republics could not be changed without their consent. The Constitution secured the priority of union laws over the laws of union republics. A single union citizenship was established, each citizen of a union republic was a citizen of the USSR. Chapters III-VIII consider the system of authorities and administration. The principle of the supremacy of the representative bodies of state power, which form the administrative bodies accountable and controlled by them, has been approved. The supreme body of power in the USSR was the Supreme Soviet of the USSR, it exclusively exercised legislative power. The supreme authority in the period between sessions of the USSR Supreme Council was the Presidium accountable to it, elected at a joint meeting of both chambers. The government of the USSR (Sovnarkom), formed by the USSR Armed Forces, was the highest executive and administrative body. Similarly to the highest organs of power and administration of the USSR, a system of higher organs of power and administration of the union and autonomous republics was built.
In Chapter IX of the Constitution "The Court and the Prosecutor's Office" it was determined that justice in the USSR is carried out by the Supreme Court of the USSR, the Supreme Courts of the Union Republics, regional and regional courts, courts of autonomous republics and autonomous regions, district courts, special courts of the USSR, created by decree of the Supreme Council USSR, people's courts.
People's courts were elected by the citizens of the district for a period of 3 years. All other parts of the judicial system were elected by the respective Councils for a period of 5 years.
Chapter X fixed the basic rights and freedoms of citizens of the USSR: the right to work; to rest; for material support in old age, as well as in case of illness and disability; the right to education; equality of citizens of the USSR regardless of gender, nationality and race. The constitution proceeded from the equality of nations and races, direct or indirect restriction of the rights or establishment of advantages of citizens depending on race or nationality, any preaching of racial or national exclusivity or hatred and neglect was punishable by law. Socio-economic conditions were defined that served as a guarantee for the exercise of the fundamental rights of workers. The right to work was ensured by the socialist organization of the national economy, the steady growth of the productive forces of Soviet society, the elimination of the possibility of economic crises, and the elimination of unemployment. The right to rest was ensured by the reduction of the working day for the vast majority of workers to 7 hours, the establishment of annual holidays for workers and employees with pay, the provision of a wide network of sanatoriums, rest houses, and clubs to serve the workers. The right to education was ensured by compulsory primary education, free education, including higher education, a system of state scholarships for the vast majority of students in higher education, education in schools in their native language, organization of free industrial, technical and agronomic training at factories, state farms, machine and tractor stations and collective farms. workers. The right to material security in old age, as well as in the event of illness and disability, was ensured by the widespread development of social insurance for workers and employees at the expense of the state, free medical care for workers, and the provision of a wide network of resorts for use by workers.
Chapter XI of the Constitution was devoted to the electoral system of the USSR. For the first time, the principle of "one person - one vote" was approved (insane persons and persons convicted with deprivation of voting rights did not participate in the elections). Changes to the Constitution of the USSR could only be made by decision of the Supreme Soviet of the USSR, adopted
The 1936 Constitution of the USSR fixed the leading role of the VKP(b).
For its time, the USSR Constitution of 1936 was the most democratic constitution in the world. For the first time in the history of the Soviet state, the Constitution of 1936 granted equal rights to all citizens and proclaimed the inviolability of the person and the secrecy of correspondence. Treason to the motherland: violation of the oath, going over to the side of the enemy, damaging the military power of the state, espionage - are punished to the fullest extent of the law, as the most serious crime.
2.4. USSR Constitution 1977
The Constitution of the USSR was adopted on October 7, 1977 by the Supreme Soviet of the USSR to replace the Constitution of the USSR of 1936. Despite the collapse of the USSR, it operated on the territory of Russia until December 1993.
The constitution proceeds from the basic principles and ideas worked out by previous Soviet constitutions. At the same time, it marks a new stage in the history of constitutional building. The Constitution differs from the previous Basic Laws not only in content, but also in form. A distinctive feature of this document is the presence of an introductory theoretical part of the law. The Constitution of 1977, unlike the previous ones, consists of large sections devoted to the foundations of the social system and policy of the USSR, the problem of the relationship between the state and the individual, and the national state structure of the country. The former constitutions characterized the Soviet state as a state of workers and peasants. The Basic Law of 1977 includes the intelligentsia in this formula. Thus, the social base of the Soviet state is expanding, characterizing the Soviet state as a state of workers, peasants and intelligentsia. The 1977 constitution emphasizes the ever-increasing consolidation of Soviet society and its social homogeneity. The new Constitution introduces the concept of "people" for the first time. Without a doubt, the former concept of "workers" coincides to a greater extent with the concept of "people". However, it must be noted that the people are a higher stage of the consolidation of Soviet society. In this sense, references to the people as a source of power signify the further development of Soviet democracy.
The 1977 constitution was much better than its predecessors. The rights of citizens were strengthened. One of the most important rights is the human right to work. The 1977 Constitution emphasizes that the right to work includes the right to choose a profession in accordance with vocation, abilities, training and education. Equally important is the right to rest. The current Constitution, speaking of the right of citizens of the USSR to rest, emphasizes that this right is ensured by a 41-hour working week for workers and employees. Thus, workers have more time for rest.
The current Constitution also proclaims a completely new right - the right to health care. Characteristically, the document links the right to health protection with labor. The task is to ensure that the labor activity of a person is not only harmless to him, but also as useful as possible. Article 42 of the USSR Constitution of 1977 provides for a wide range of measures aimed at caring for the health of Soviet citizens in the course of their work, developing and improving safety and industrial sanitation, preventive measures, measures to improve the environment, etc. Unfortunately, such events are not included in the Constitution of the Russian Federation. Another important measure was the consolidation in the Basic Law of the new right of Soviet citizens, the right to housing. The new Constitution further develops such institutions as the inviolability of the person, housing, and secrecy of correspondence. In addition to the secrecy of correspondence, the Constitution of the USSR of 1977 also protects the secrecy of telephone conversations. The new Constitution not only consolidates the rights and freedoms known under the previous constitutions, but also expands the guarantees of these rights. Thus, the right to education in the current Constitution of the Russian Federation ensures the implementation of universal compulsory secondary education. The former Basic Law guaranteed only universal primary education. In any article of the Constitution of the USSR of 1977, devoted to the rights of citizens, most of the text is occupied by guarantees of this or that right. For example, the right to material security (Article 43 of the Constitution of the USSR of 1977) was guaranteed by the social insurance of workers, collective farmers and employees with temporary disability benefits; payments at the expense of the state and collective farms of pensions for old age, disability and for the loss of a breadwinner; employment of citizens who have partially lost their ability to work; caring for the elderly and the disabled; and other forms of social security. Guarantee of the right to housing (Article 44 of the Constitution of the USSR of 1977): “this right is ensured by the development and protection of the state and public housing stock, the promotion of cooperative and individual housing construction, the fair distribution of living space under public control, provided as the program for the construction of comfortable dwellings, as well as low rents and utility bills. The new Constitution ensured the use of freedom of conscience, prohibiting the incitement of hostility and hatred in connection with religious beliefs (Art. 52 of the Constitution of the USSR of 1977). The Constitution provided not only material, but also legal guarantees of the rights and freedoms of Soviet citizens. Thus, Article 49 of the Constitution of the USSR of 1977 established that officials were obliged to consider the applications and proposals of citizens within a certain period of time, give answers to them and take the necessary measures. Proclaiming the freedom of criticism, the Constitution stated that persons persecuting for criticism were held accountable. Speaking about the inviolability of the person, the Constitution of the USSR of 1977 confirmed the previously existing principle: "no one can be arrested except on the basis of a court decision and with the sanction of a prosecutor." Article 47 of the Constitution of the USSR of 1977 provided for the right to free creativity, established that the rights of authors, inventors and innovators are protected by the state. Thus, the Constitution of the USSR of 1977 obliges the appropriate state bodies to ensure the real use by the citizens of the USSR of all the rights listed in it.
2.5. Constitution of the Russian Federation 1993
The Constitution of the Russian Federation was adopted on December 12, 1993 based on the results of a popular vote held in accordance with the Decree of the President of the Russian Federation of October 15, 1993 No. 1633 "On holding a popular vote on the draft Constitution of the Russian Federation." The Constitution of the Russian Federation of 1993 came into force on the day of its publication in Rossiyskaya Gazeta - December 25, 1993.
The current Constitution of the Russian Federation consists of the Preamble and two sections. The Preamble declares that the people of Russia accept this Constitution; democratic and humanistic values are consolidated; the place of Russia in the modern world is determined. The first section includes 9 chapters and consists of 137 articles that fix the foundations of the political, public, legal, economic, social systems in the Russian Federation, the fundamental rights and freedoms of the individual, the federal structure of the Russian Federation, the status of public authorities, as well as the procedure for reviewing the Constitution and introducing amendments to it. The second section defines the final and transitional provisions and serves as the basis for the continuity and stability of constitutional and legal norms.
The Constitution of the Russian Federation recognizes the rights and freedoms of man and citizen as fundamental, without dividing them into more or less significant ones. This confirms their equivalence.
The rights and freedoms of man and citizen proclaimed by the Constitution of the Russian Federation require a special level of guarantee, including the application of the mechanism of both domestic and international legal protection of rights. The Constitution of the Russian Federation in Part 2 of Art. 17 stated that “the fundamental rights and freedoms of a person are inalienable and belong to everyone from birth”. This principle underlies the legal status of a person, fixed in international standards and national legislation. Describing the fundamental rights and freedoms of a person as inalienable, the Constitution emphasizes the inadmissibility of deprivation or arbitrary (illegal) restriction. In turn, part 3 of Art. 55 of the Constitution of the Russian Federation states that “the rights and freedoms of a person and a citizen may be limited by federal law only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the defense of the country and security states.
The Constitution of the Russian Federation defined the following principles of human and civil rights and freedoms:
1. Mutual respect for the rights and freedoms of man and citizen. The possession of rights and freedoms cannot mean arbitrariness in their exercise or abuse of them. According to part 3 of Art. 17 of the Constitution of the Russian Federation, the exercise of the rights and freedoms of man and citizen must not violate the rights and freedoms of other persons. This is the most important condition for the realization of freedom and the fundamental principle of the rule of law.2. The direct effect of the rights and freedoms of man and citizen. This principle was legally enshrined for the first time in the Constitution of the Russian Federation of 1993. Recognition of the rights and freedoms of a person and a citizen as directly applicable implies the possibility of exercising and protecting rights and freedoms in case of their violation in accordance with the Constitution of the Russian Federation, which has the highest legal force and has a direct effect on throughout Russia (Part 1, Article 15 of the Constitution of the Russian Federation). This means the supremacy of the rights and freedoms of man and citizen in the legal system, since "they determine the meaning, content and application of laws, the activities of the legislative and executive authorities, local self-government and are provided with justice" (Article 18 of the Constitution of the Russian Federation). 3. Legal equality. The Constitution of the Russian Federation in Art. 19 defined the following aspects of this most important principle of the constitutional status of the individual: equality of all before the law and the court; equality of rights and freedoms of man and citizen; equality of men and women. Equality of rights and freedoms of man and citizen is guaranteed regardless of gender, race, nationality, language, origin, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances. Any form of restriction of the rights of citizens on the grounds of social, racial, national, linguistic or religious affiliation is prohibited (Part 2, Article 19 of the Constitution of the Russian Federation). The difference between a person and a citizen, as bearers of rights and freedoms, is clearly expressed in the text of the Constitution of the Russian Federation. Constitutional human rights and freedoms are granted to any individual, and only persons who are citizens of the Russian Federation have the rights and freedoms of a citizen, the articles of the Constitution indicate this.
Basic fundamental rights and other rights and freedoms arising from them ensure various spheres of human life: personal, political, social, economic, cultural. In accordance with this, it is customary to classify constitutional rights and freedoms into three groups: 1) personal, 2) political, and 3) social, cultural, economic.
All rights and freedoms are inseparable from each other and are interconnected, therefore such a division is purely conditional.
Individual human rights are the most broadly defined by the Constitution. Their specificity lies in the fact that these are precisely the rights that are inherent in any person from birth, are not associated with the concept of citizenship. All these rights determine the freedom of a person in his personal life, his legal protection from any illegal interference - the protection of the autonomy of the individual. Personal rights and freedoms are necessary to ensure the protection of life, freedom, dignity, and other natural rights related to his individual, private life.
Personal rights include: the right to life, the right to liberty and security of person, to privacy, housing, free movement and choice of residence, freedom of conscience, freedom of thought and speech, to judicial protection of one's rights, to legal protection, to procedural guarantees in case of bringing to court, etc.
Political rights and freedoms - reflect the ability to participate in political life and the exercise of state power. This category of rights includes: the right to freedom of thought, the right to freely hold one's opinions, the right to freedom to seek, receive and impart information, the right to peaceful assembly, the right to freedom of association, the right to participate in the conduct of public affairs, both directly and through their representatives, the right to elect and be elected, etc.
Unlike personal rights, which belong to every person, political rights belong only to the citizens of the state. However, all political rights and freedoms (both a person and a citizen) enjoy equal judicial protection of the state.
Speaking about socio-economic rights, it should be noted that the Constitution of 1993 of the Russian Federation brought a lot of new things to this sphere of life - a person became economically active. Social and economic rights are designed to provide a person with a decent standard of living, the right to work and free choice of work, the right to equal pay for equal work, the right to social security, the right to protection of motherhood and childhood, the right to education.
As the basis of market relations, the Constitution enshrines the right to conduct entrepreneurial activity, for which a person uses his abilities and his property. The right to economic activity includes a number of specific rights that provide the opportunity to start and conduct entrepreneurial activities. Also, the most important institution of socio-economic relations is the right of private property enshrined in the Constitution of the Russian Federation, an indispensable condition for a democratic market economy.
Cultural rights guarantee a person's access to the benefits of culture, freedom of artistic, scientific, technical creativity, his participation in cultural life and the use of cultural institutions. This type of rights makes it possible to realize the cultural needs of a person, to ensure the growth of the level of his culture, without which a person cannot fully exercise his personal and political rights. The exercise of these human rights and freedoms in a democratic social state implies guarantees for freedom of creativity (Article 44 of the Constitution of the Russian Federation); the right to protection of intellectual property (Article 44 of the Constitution of the Russian Federation); the right to participate in cultural life and use cultural institutions (Article 45 of the Constitution of the Russian Federation).
The enumeration in the Constitution of the Russian Federation of fundamental rights and freedoms should not be interpreted as a denial or derogation of other generally recognized rights and freedoms of man and citizen. Also, it should be added that the state establishes guarantees for the realization of the rights and freedoms of citizens.
Thus, during the 20th century, five constitutions were adopted in Russia. All of them basically fixed the rights and freedoms of citizens, with the exception of the Constitution of the USSR of 1924, which did not provide for them. The rest of the Soviet constitutions did not provide for the main constitutional mechanism for protecting the rights and freedoms of citizens - the Constitutional Court. Therefore, from the foregoing, we can conclude that throughout the entire Soviet history there were two trends in relation to the rights and freedoms of man and citizen. On the one hand, the positive impulses that the revolution gave, its first decrees and the Constitution of 1918 were manifested. So the NEP period is one of the clearest expressions of this trend. On the other hand, the bureaucratic administrative-command system, which began to take shape in the late 1920s and early 1930s, led to the death of millions of people, accompanied by massive violations of the rights of citizens.
Conclusion
In this project, the rights and freedoms of citizens in the constitutions of Russia were studied and the following conclusions were drawn.
Russia has had five constitutions: the 1918 RSFSR Constitution, the 1924 USSR Constitution, the 1936 USSR Constitution, the 1977 USSR Constitution, and the 1993 RF Constitution.
The Constitution of the RSFSR of 1918 abolished the class, national-religious and other privileges and restrictions that existed in pre-revolutionary Russia and affirmed the dignity of the working person.
The first Constitution established the rights of workers to use land, to participate in workers' control and management of production, to exercise freedom of opinion, unions, assembly, and suffrage. It should be noted that at that time the statuses of various categories of persons were distinguished: “citizens”, “workers”, “non-labor elements”. The deprivation of individuals and certain groups of rights that could use them to the detriment of the revolution was decreed. Voting rights were denied to "exploiters and their accomplices" (persons resorting to hired labor, living on unearned income, private traders, commercial intermediaries, clergy, etc.); in the elections, the workers had advantages over the peasants; guarantees of freedom of expression, freedom of assembly and freedom of association were interpreted as providing the media, buildings and premises, and in general all the necessary technical and material means "at the disposal of the working class and the peasant poor." The first Constitution did not enshrine the inviolability of the person, the home, the secrecy of correspondence, the right to education.
The USSR Constitution of 1936 made significant changes to the system of higher bodies of power and administration, to the electoral system. The Communist Party was proclaimed the "leading core" of state and public organizations, although the 1924 Constitution did not mention the party. The Constitution of the USSR of 1936 is a very controversial document. On the one hand, it consolidated the rejection of multi-stage elections, established universal suffrage, direct and equal elections by secret ballot. On the other hand, having formally confirmed the federal nature of the state, it actually consolidated its unitary character, granting almost infinitely wide powers to the federal “center”. For the first time in the history of the Soviet state, the Constitution of 1936 granted equal rights to all citizens: universal, equal and direct suffrage by secret ballot; the right to work and rest, material security in old age and illness; freedom of conscience, speech, press, assembly and rallies. The inviolability of the person and the secrecy of correspondence were proclaimed. The land, its bowels, waters, forests, factories, factories, mines, mines, railway, water and air transport, banks, means of communication were declared public property; the land occupied by collective farms was transferred to them for perpetual use. Thus, it was more democratic than the Constitution of 1918, and at the same time it became a cover for an uncompromising reaction and a regime of personal power, a person was completely without rights and powerless in the face of a super-powerful machine of total terror.
From the very beginning of socialist construction, a solid foundation was placed under the rights and freedoms of citizens, including economic potential, political foundation and cultural achievements, as well as legal guarantees. The Constitution of the USSR of 1977 developed this trend: the proclaimed rights and freedoms are provided with the necessary means that are actually at the disposal of the state. It is indicative for the Constitution that, along with material guarantees, legal guarantees for ensuring rights and freedoms have also been significantly strengthened.
In the Constitution of 1977, such an important principle as the equality of citizens is further developed. This principle, enshrined in the constitutional order, means that the position of a citizen does not depend on his origin, social and property status, race and nationality, gender, education, language, attitude to religion, type and nature of occupation, place of residence and other circumstances. Fundamental rights and freedoms, basic duties apply equally to all citizens.
The USSR Constitution of 1977, like the previous Constitution of 1936, paid close attention to socio-economic and socio-cultural rights and freedoms, which, in fact, affect all the main spheres of human life.
An important place in the Constitution is given to the personal rights and freedoms of citizens of the USSR. The whole wide range of these rights and freedoms has been fully confirmed: the inviolability of the person, the inviolability of the home, the protection of personal life, the secrecy of correspondence, telephone conversations and telegraph messages. The guarantees of personal rights and freedoms have been strengthened. The Constitution of 1977 provides for the provision that ensuring the broad rights and freedoms of citizens implies respect for the interests of society and the rights of other citizens by each of them. At the same time, it should be noted that the main duties of Soviet citizens are defined in the 1977 Constitution in close connection with rights and freedoms. These duties reflect the unity of the fundamental goals and objectives of society and the individual. They manifest the moral criteria of socialism, the level of conscious conviction of a citizen in the correctness and usefulness of their universal recognition. Duties are a necessary element of the constitutional status of an individual.
The Constitution of the Russian Federation of 1993 distinguishes fundamental rights and freedoms from the rights and freedoms of man and citizen. The rights of a citizen cover the sphere of relations between an individual and the state, in which he counts not only on the protection of his rights from illegal interference, but also on the active assistance of the state in their implementation. The status of a citizen follows from its special legal connection with the state - the institution of citizenship (Article 6 of the Constitution of the Russian Federation). When it comes to human rights, the phrases “everyone has the right”, “everyone is guaranteed”, etc. are used, which emphasizes the recognition of the rights and freedoms of any person located on the territory of Russia, regardless of whether he is a citizen Russian Federation, a foreigner or a stateless person. The Constitution of the Russian Federation defines the basic properties of rights and freedoms: inalienability and natural character.
Also, it should be noted that the constitutional rights and freedoms of citizens have a specific set of means and methods of their protection. These include: the constitutional-judicial mechanism (Constitutional Court), judicial protection (courts of general jurisdiction); administrative actions of executive authorities, legal self-defense by a person of his rights and the international legal mechanism.
So, we can conclude that the most democratic of all the listed Soviet constitutions was the Constitution of the USSR of 1977. However, in comparison with the Soviet constitutions, the modern Constitution of the Russian Federation of 1993 enshrines all fundamental human rights and freedoms and has one important difference from the Soviet constitutions - only in it is fixed the most important mechanism for protecting the rights and freedoms of citizens - the Constitutional Court of the Russian Federation. Consequently, all Soviet constitutions were fictitious and the protection of the rights and freedoms of citizens was practically impossible at that time.
Kuritsyn V.M. The First Soviet Constitution of 1918 and the Constitution of Developed Socialism//Socialist legality. - 1978. - No. 7. - S. 24.
Chistyakov O.I. The Constitution of the RSFSR of 1925 // Soviet state and law. - 1991. - No. 1. - S. 17.
Portnov V.P., Slavin M.M. Stages of development of the Soviet Constitution. - M.: Nauka, 1982. - S. 161.
Legal status is the legally fixed position of the subject in society, which is expressed in a certain set of his rights and obligations.
The legal status essentially fixes the actual (social) status of a person, his real position in society. Legal status is a set of rights and obligations of the subject recognized by the Constitution and legislation, as well as the powers of state bodies and officials, with the help of which they perform their social roles. It is the rights and obligations that make up the core of the legal status of the Fundamentals of State and Law: a textbook / A. V. Malko (et al.); ed. A. V. Malko. - 4th ed., erased. - M.: KNORUS, 2010. - p. 138.
In legal science, there are several approaches to the definition of the concept of legal status. L. S. Yavich believes that this is nothing more than “a legal expression and consolidation of the actual position of citizens in the state” Yavich L. S. Law and socialism. M., 1982. S. 163.
M. S. Strogovich saw in the legal status the rights granted by law together with the duties that lie on citizens by virtue of the law See: Problems of the Soviet socialist state and law in the modern period / ed. V. M. Chkhikvadze. M., 1969. S. 229. N. I. Matuzov in the concept of legal status includes the whole complex of legal possibilities, duties and responsibilities of the subject, as well as legal means that characterize various aspects of its legal status. “Everything that, one way or another, from a legal point of view, determines, guarantees, characterizes, formalizes the position of a citizen in the state,” he writes, “is included in the concept of legal status” Matuzov N.I. Legal obligations and responsibility as elements of legal status personality // The Constitution of the USSR and the legal status of personality: Sat. Art. M., 1979. P.87. Based on this approach, he believes that the main elements that make up the content of this concept and its structure are: the relevant legal norms; legal personality; subjective rights, freedoms and obligations common to all; legitimate interests; citizenship; legal responsibility; legal principles; legal relations of a general (statutory) nature Matuzov NI Legal system and personality. Saratov, 1987, p. 59.
V. M. Gorshenev does not agree with such a broad definition of legal status and considers a narrow normative understanding to be more preferable, and citizenship, legal personality, general legal relations, in his opinion, perform the functions of either prerequisites, or a derivative element, or a product of the manifestation of legal status See: Gorshenev V. M. The structure of the legal status of a citizen in the light of the Constitution of the USSR of 1977 // Law and order and the legal status of a person in a developed socialist society in the light of the Constitution of the USSR of 1977. Saratov, 1980. P. 52. A more compact structure of the legal status is also proposed by M. S. Strogovich, N. V. Vitruk and other authors See: Strogovich M. S. Socialist legality and strengthening of guarantees of individual rights in the conditions of developed socialism / / Revolution, democracy, law. M., 1978. P. 43; Chkhikvadze V. M. Soviet state and personality. M., 1978 .. So, according to N.V. Vitruk, it is more correct to distinguish between two independent concepts - the legal status (status) of the individual in the broad sense and the legal status (status) in the narrow sense, the real connection between which can be defined as the relationship of the whole and parts. At the same time, the first concept is supposed to be conditionally, purely terminologically designated as "legal status", and the second - as "legal status". N. S. Malein also believes that these are two terms with different content See: Malein N. S. Civil Law and Personal Rights in the USSR. M., 1981. S. 101 ..
There have been objections to this approach in the legal literature. N. I. Matuzov considers the concepts of “legal status” and “legal status” to be equivalent, and any attempts to distinguish between them, in his opinion, look artificial and unconvincing See: Matuzov N. I. Legal system and personality. Saratov, 1987. S. 52. P. G. Semenov believes that the proposed distinction “does not change anything in essence and is hardly justified” Semenov P. G. The Constitution and the Citizen // Theoretical Foundations of the Soviet Constitution. M., 1981. S. 7.
A complete and real idea of the rights and freedoms cannot be obtained without considering them as part of the legal status of the individual.
Thirdly, rights and freedoms, which form the basis of the legal status of an individual, cannot be realized without its other components: without legal obligations that correspond to rights, without legal responsibility in necessary cases, without legal guarantees, without legal capacity and capacity as defining features of a strong-willed and conscious human behavior.
Fourthly, the category of legal status allows you to see the rights, freedoms, duties of an individual in a holistic, systematic way, makes it possible to compare statuses, opens up ways for their further improvement. Theory of State and Law: A Textbook for Universities / Ed. Prof. V. M. Korelsky and prof. V. D. Perevalova. - 2nd ed., rev. and additional - M .: Publishing house NORMA (publishing group NORMA-INFRA-M), 2000. - p. 549.
Friedrich Maxim
The work allows you to find out how the legal status of a person and a citizen in the Russian Federation has changed in comparison with Soviet Russia and the USSR. Determine the level of legal knowledge of students.
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Human and Citizen Rights in the Constitutions of the USSR and Russia
Hypothesis: The Constitution of the Russian Federation of 1993 is the most democratic of all that were in our country Purpose: To find out how the legal status of a person and citizen in the Russian Federation has changed compared to Soviet Russia and the USSR, to determine the level of legal knowledge of students in the field of human rights.
Tasks: 1. To study the sections on human and civil rights in the constitutions of the USSR and Russia; 2. Compare the number and types of rights granted by each Constitution; 3. Conduct a sociological survey of high school students on the subject of knowledge of constitutional rights and freedoms; 4. Analyze the data obtained and draw conclusions.
The object of the study is the formation and development of the legal status of a person and a citizen in the Constitutions of the USSR, the RSFSR and the Constitution of the Russian Federation The subject of the study is the constitutional rights of a person and a citizen in Soviet Russia, the USSR and the Russian Federation Research methods: - analysis; - comparison; - sociological survey.
Human rights in the Constitution of Soviet Russia in 1918 - Concentration of attention on the duties of citizens, the main of which is work. - Article 18 stipulates: The Russian Socialist Federative Soviet Republic recognizes work as the duty of all citizens of the Republic and proclaims the slogan: “He who does not work, but does not eat!”
Human rights in the Constitution of the USSR of 1936 - For the first time, it fixed the rights and obligations of a person and a citizen in a special chapter
Human rights in the Constitution of the USSR of 1977 -Without significant changes, the legal status of a person and a citizen is further consolidated.
Human rights in the Constitution of the Russian Federation of 1993 - Embodied the international principles of human and civil rights, became a catalyst for Russia's entry into a number of international conventions. -For the first time in the history of Russia, a person, his rights and freedoms are declared the highest value
Conclusion Comparing the five constitutions of our state, we can conclude that the most democratic in the field of human rights is the Russian Constitution of 1993. Never before has the legal status of a person and citizen been as high as it is today.
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City scientific and practical conference "Youth and Science"
Section: Social Sciences and Philosophy
R&D: Rights of man and citizen in the constitutions of the USSR and Russia
Completed by: Friedrich Maxim Alexandrovich
MBOU "Secondary school No. 2 named after. Yu. A. Gagarina, 8B class
Head: Zakharova Evelina Gennadievna
teacher of history and social studies
MBOU "Secondary school No. 2 named after. Yu. A. Gagarin»
Divnogorsk 2014
Introduction________________________________________________________________________________3
Historical background _______________________________________________________________ 5 The rights of man and citizen in the Constitution of Russia in 1918. _______________________________7
The Constitution of the USSR of 1924 ____________________________________________________8
The rights of man and citizen in the Constitution of the USSR of 1936 ____________________________9 The rights of man and citizen in the Constitution of the USSR of 1977 _______________________11
Human and Citizen Rights in the 1993 Constitution of Russia _______________________13
Sociological survey ____________________________________________________________15
Conclusion_________________________________________________________________17
List of sources used______________________________________________18
Introduction
Relevance research topics. Human rights and freedoms are an indicator of universal human culture, they act as a value guide, a standard and a tool for civilized interaction between people and the state. Through the analysis of the sphere of human rights, one can learn a lot about the degree of development of civil society, the rule of law, about the place and role of the individual in the system of social relations. For modern Russia, the topic “Human Rights” is especially significant, since for the first time in our history we have taken a course towards building a state of law, one of the signs of which is the guarantee and protection of human rights.
Hypothesis .12 December the whole country celebrated the 20th anniversary of the Basic Law. The media have repeatedly said that "the Constitution of the Russian Federation is the most democratic of all that have been in our country."
I decided to conduct my own research on the topic "Human and Citizen Rights in the Constitutions of the USSR and Russia." This topic seemed interesting to me, because I will be able to find out how the attitude to human rights has changed in the history of our state, because almost a hundred years have passed since the creation of the first Constitution.
Problem. One of the contradictions of modern Russian society is that people talk a lot about human rights in the West, in the former USSR, but do not seek to know their rights, prescribed in the Basic Law of the country. We do not read the Constitution, we do not know how our rights differ today from those that citizens of our country had in the last century.
The works of many Russian scientists are devoted to the study of various aspects of human rights: Alekseeva L., Alekseeva T. A., Abramov V. F., Bashkirova E. I., Volodin A. B., Gordon L. A., Diligensky G. G. , Kruglova A., Klyamkina I. M., Kapustina B. G., Levin I. B., Lapo-Danilevsky A. and others. But all of them were engaged in the study of the problem of protecting human rights, and a comparative description of all the constitutions of our state at once is not presented anywhere.
An object research - the formation and development of the legal status of a person and a citizen in the Constitutions of the USSR, the RSFSR and the Constitution of the Russian Federation
Thing research - constitutional rights of man and citizen in Soviet Russia, the USSR and the Russian Federation
Target: Find out how the legal status of a person and a citizen in the Russian Federation has changed in comparison with Soviet Russia and the USSR. Determine the level of legal knowledge of students.
Tasks:
1. Study the sections on human and civil rights in the constitutions of the USSR and Russia
2. Compare the number of articles on human rights and the types of rights provided in each constitution
3. Conduct a sociological survey of high school students on the subject of knowledge of constitutional rights and freedoms
4. Analyze the received data and draw conclusions
History reference
In the Russian state, the science of state (constitutional) law began to take shape at the turn of the 19th and 20th centuries. The first attempts to create a constitution were made by the Decembrists and Emperor Alexander II. The fundamental state laws adopted by the autocracy in 1906, as well as a number of important legal acts during the existence of the Provisional Government, became the prototype of constitutional legislation.
"Basic state laws" did not single out the legal status of the individual and citizen (subject). The concepts of "personality" and "personal rights" were not typical for this period of development of constitutional law. For the first time, the legal status of the individual found its consolidation already under Soviet rule.
In the constitutions of the RSFSR of July 10, 1918 (Lenin Constitution), the USSR of January 31, 1924 and December 5, 1936 (Stalin Constitution), for the first time, norms on the protection of human rights, honor and dignity of citizens, social protection of all citizens of the country outside depending on the nationality, official and property status of its members. This stage of constitutional law is distinguished by the rapid development of constitutional and legal thought: from the lack of a Constitution to the “most democratic” Constitution of the world, as it was called in the USSR.
The Constitution of the RSFSR of 1918 mainly focused on the duties of citizens, the main of which is work. Article 18 fixed: The Russian Socialist Federative Soviet Republic recognizes work as the duty of all citizens of the Republic and proclaims the slogan: “Not a worker, let him not eat!” In fact, for the first time, a voluminous constitutional consolidation of the rights and duties of a person and a citizen occurs in the Constitution of 1936 (Stalin's Constitution), where a special chapter is allocated to the rights and duties of citizens. And if the Constitution of 1918 spoke of the obligation to work, the Constitution of 1936 enshrines the right to work.
The Constitution for the first time guaranteed the legal protection of the personal property of citizens of the USSR acquired with labor income and savings, a residential building and ancillary households, household and household items, personal consumption, as well as the right to inherit personal property.
In the next Soviet Constitution of October 7, 1977, the legal status of a person and a citizen is further consolidated. In the Basic Law of the USSR of 1977, Chapter 7 “Basic Rights, Freedoms and Duties of Citizens of the USSR” is singled out (Art. 39-69). The number of articles devoted to human rights increased to 21. The 1977 Constitution of the USSR did not introduce significant new changes to the legal status of a person and citizen, enshrined in the 1936 Constitution. This happened only with a change in attitude towards the state and law, with a series of reforms initiated by MS Gorbachev during the period of perestroika.
The Constitution of Democratic Russia of December 12, 1993, adopted at a national referendum, not only embodied the international principles of human and civil rights, but also became a catalyst for Russia's entry into a number of international conventions. So in 1998 the Russian Federation joined the Convention for the Protection of Human Rights and Fundamental Freedoms.
Man, his rights and freedoms become the highest value. Recognition, observance and protection of human and civil rights is the duty of the state.
The rights of man and citizen in the Constitution of the RSFSR of 1918
The basic principles that formed the basis of the Constitution of the RSFSR of 1918 were set forth in the Declaration of the Rights of the Working and Exploited People. The 1918 constitution established the dictatorship of the proletariat. This document contains only 8 articles on human and civil rights, but people who lived on unearned income or used wage labor were deprived of political rights. The Constitution proclaimed the following rights and freedoms:
Freedom of conscience;
freedom of assembly;
freedom of association;
Complete, comprehensive and free education;
The honorable right to defend the revolution with arms in hand.
The equal rights of citizens were proclaimed regardless of their race and nationality.
At the same time Art. 23 Chapter 5 read: Guided by the interests of the working class as a whole, the Russian Socialist Federative Soviet Republic deprives individuals and certain groups of rights that they use to the detriment of the interests of the socialist revolution.
Thus, the Constitution of 1918 was the most ideological of all Soviet constitutions. Equality of citizens was only on paper. The vague formulation of "individuals and separate groups" made it possible to infringe on the rights of former nobles, representatives of the clergy and people from other "non-proletarian" classes.
USSR Constitution of 1924
DECLARATION ON THE FORMATION OF THE UNION OF SOVIET SOCIALIST REPUBLICS
AGREEMENT ON THE FORMATION OF THE UNION OF SOVIET SOCIALIST REPUBLICS
Chapter 1
Chapter 2. On the sovereign rights of the union republics and on union citizenship
Chapter 3. About the Congress of Soviets of the Union of Soviet Socialist Republics
Chapter 4. On the Central Executive Committee of the Union of Soviet Socialist Republics
Chapter 5. On the Presidium of the Central Executive Committee of the Union of Soviet Socialist Republics
Chapter 6. On the Council of People's Commissars of the Union of Soviet Socialist Republics
Chapter 7. About the Supreme Court of the Union of Soviet Socialist Republics
Chapter 8. About People's Commissariats of the Union of Soviet Socialist Republics
Chapter 9
Chapter 10
Chapter 11. On the emblem, flag and capital of the Union of Soviet Socialist Republics
Based on the presented table of contents, I conclude that the Constitution of the USSR of 1924 does not contain a section on the rights and freedoms of man and citizen at all. The text of the Basic Law is entirely devoted to the relations between the Center and the subjects of the union state. One can only guess where and what human and civil rights were guaranteed to the citizens of the newly created state?
Human and Citizen Rights in the 1936 Constitution
In accordance with the provisions of Articles 118-133 of the 1936 Constitution. citizens of the USSR have the right:
For work;
To rest;
For financial support in old age;
For education.
Women in the USSR are granted equal rights with men in all areas of economic, state, cultural and socio-political life. The possibility of exercising these rights of women is ensured by granting women equal rights with men to work, wages, rest, social insurance and education, state protection of the interests of mother and child, state assistance to mothers with many children and single mothers, the provision of leave to a woman during pregnancy with maintenance, a wide network maternity hospitals, nurseries and kindergartens.
Formally, citizens of the USSR were granted the right to form public organizations: trade unions, cooperative associations, youth organizations, sports and defense organizations, cultural, technical and scientific societies.
As noted in Art. 123 of the Constitution, the equality of citizens of the USSR, regardless of their nationality and race, in all areas of economic, state, cultural and socio-political life is an immutable law. Any direct or indirect restriction of the rights or, conversely, the establishment of direct or indirect advantages of citizens depending on their race and nationality, is punishable by law.
The law guaranteed:
Freedom of speech;
Freedom of the press;
Freedom of assembly and rallies;
Freedom of street processions and demonstrations.
The Basic Law stated: these rights of citizens are ensured by the provision of printing houses, stocks of paper, public buildings, streets, means of communication and other material conditions necessary for their implementation to workers and their organizations.
In order to ensure freedom of conscience for citizens, the church in the USSR was separated from the state and the school from the church. Freedom of worship and freedom of anti-religious propaganda are recognized for all citizens (Article 124 of the Constitution)
Formally, the citizens of the USSR were provided with inviolability of the person. No one can be arrested except by a court order or with the sanction of a prosecutor (Article 127 of the Basic Law). The constitution also guaranteed: the inviolability of the home of citizens and the secrecy of correspondence are protected by law.
Article 129 spoke of granting the right of asylum to foreign citizens persecuted for protecting the interests of workers, or scientific activities, or the national liberation struggle.
The Constitution proclaims that the citizens of the USSR have the entirety of the socio-economic, political and personal rights and freedoms proclaimed and guaranteed by the Constitution of the USSR and Soviet laws. The socialist system ensures the expansion of rights and freedoms, the continuous improvement of the living conditions of citizens as the programs of socio-economic and cultural development are carried out. At the same time, the Constitution emphasized that the use of rights and freedoms by citizens should not harm the interests of society and the state, the rights of other citizens.
After carefully studying the section "Rights and Duties of Citizens" in this Constitution, indeed, the conclusion suggests itself that this was the most democratic constitution. But history says otherwise. The terrible repressions of the 30s, which essentially became the genocide of their own people, made this document another formal declaration of rights and freedoms that remained only on paper.
The rights of man and citizen in the Constitution of the USSR of 1977
The Constitution of 1977 reflects the universally recognized international principles of the rights and freedoms of man and citizen. This is due to the fact that the USSR becomes a party to a number of international conventions. In particular, the International Covenant on Civil and Political Rights (New York, December 19, 1966) was ratified by Decree of the Presidium of the USSR Supreme Court of September 18, 1973 No. 4812-VIII and entered into force for the USSR on March 23, 1976.
In accordance with Art. 36-46 of the Basic Law of the USSR of 1977, citizens have the right to:
Work;
Rest;
health protection;
Financial support in old age, in case of illness, complete or partial disability, as well as loss of a breadwinner;
Dwelling;
Education;
Use of cultural achievements.
Article 47 of the Constitution guarantees the freedom of scientific, technical and artistic creativity to citizens of the USSR in accordance with the goals of communist construction. The rights of authors, inventors and innovators are protected by the state.
In accordance with the goals of communist construction, citizens of the USSR have the right to unite in public organizations that contribute to the development of political activity and amateur performance, the satisfaction of their diverse interests (Article 51 of the Constitution of 1977)
In order to strengthen and develop the socialist system, citizens of the USSR are guaranteed freedoms: freedom of speech, press, meetings, rallies, street processions and demonstrations (Article 50)
The Constitution proclaimed that citizens have the right to participate in the management of state and public affairs, in the discussion and adoption of laws and decisions of national and local significance. This right is ensured by the opportunity to elect and be elected to the Soviets of People's Deputies and other elected state bodies, to take part in national discussions and voting, in people's control, in the work of state bodies, public organizations and bodies of public amateur performance, in meetings of labor collectives and at the place of residence. . Every citizen had the right to submit proposals to state bodies and public organizations to improve their activities, to criticize shortcomings in the work
It should be emphasized that, in accordance with Article 58 of the Constitution, citizens of the USSR had the right to appeal against the actions of officials, state and public bodies. Actions of officials committed in violation of the law, in excess of authority, infringing on the rights of citizens, may be appealed to the court in accordance with the procedure established by law. Moreover, the Basic Law contained a provision that citizens have the right to compensation for damage caused by illegal actions of state and public organizations, as well as officials in the performance of their official duties.
Comparing the last Soviet Constitution with the rest, we can conclude that the number of articles on human and civil rights has increased to 21. However, rights are inseparable from duties, and the state still does not consider them the highest value.
The rights of man and citizen in the Constitution of the Russian Federation of 1993
The Constitution of the Russian Federation, adopted at a general referendum on December 12, 1993, for the first time proclaimed that a person, his rights and freedoms are the highest value. Recognition, observance and protection of the rights and freedoms of man and citizen is the duty of the state (Article 2).
1. General characteristics of constitutional rights and freedoms.
Constitutional (basic) rights and freedoms of a person and a citizen are his inalienable rights and freedoms, belonging from birth or by virtue of citizenship, enshrined in the Constitution, which form the basis of the legal status of an individual. Chapter 2 of the Constitution of the Russian Federation establishes the basic (constitutional) rights and freedoms of man and citizen. The constitutionally enshrined rights and freedoms of a person and a citizen are among the foundations of the legal status of an individual, other rights and freedoms of a person and a citizen are derived from the main ones. Fundamental human rights and freedoms are inalienable and belong to everyone from birth. They are assigned to each person (citizen). They are universal, equal and one for all. The constitutional rights and freedoms of a person and a citizen are distinguished by a special implementation mechanism (they act as a prerequisite for any legal relationship), they are provided with increased legal protection.
2. Classification of constitutional rights and freedoms.
Constitutional rights and freedoms of a person and a citizen are usually divided into personal (civil), political, economic, social and cultural.
Personal (civil) rights and freedoms (Articles 20-28) include the right to life, the dignity of the individual and the right to state protection, the right to freedom and personal integrity, the right to privacy, personal and family secrets, protection of honor and good name, privacy of correspondence of telephone conversations and messages, inviolability of the home, the right to determine nationality, to use one's native language and to freely choose a language, to freedom of movement (including the right to leave the Russian Federation and the right to return to the Russian Federation), freedom of conscience and religion.
Political rights and freedoms (Articles 29-33) include freedom of thought and speech, the right to freely seek, receive, transmit, produce and disseminate information, the right to associate, the right to hold public events, the right to participate in the management of state affairs (including the right to vote). , the right to participate in a referendum, to participate in justice, to access public service), the right to appeal (however, information rights and freedoms, the right to association also have non-political aspects).
Economic rights and freedoms (Articles 34-36) include the right to use abilities and property for economic activity, the right to private property, and the right to inherit. Social rights and freedoms (Articles 37-42) include the right to work (and other labor rights), parental rights, the right to social security, the right to housing, the right to health and medical care, the right to a healthy environment (and for reliable information about its condition and for compensation for damages).
Cultural rights and freedoms (Articles 43-44) include the right to education, freedom of creativity and teaching, the right to participate in cultural life.
Guarantees of human and civil rights and freedoms (Articles 45-56) include state (including judicial) protection of human and civil rights and freedoms and the right to self-defense, constitutional guarantees of justice, inadmissibility of arbitrary restriction of human and civil rights and freedoms.
Thus, 48 articles are assigned to the rights and freedoms in the Constitution of democratic Russia! For the first time in the title of the chapter on rights and freedoms, the word "duties" is missing.
Sociological survey
In the course of the study, a sociological survey was conducted among schoolchildren in grades 6-11.
The purpose of the survey: identify the level of legal knowledge of students in the field of human and civil rights and freedoms. 70 people were interviewed.
Questions:
1. What human rights in Russia do you know?
2. What human rights do you consider the most important?
3. In what document of the Russian Federation are our rights recorded?
4. When and where was this document adopted?
5. What other human rights documents can you name?
Figure 1. The level of legal knowledge of students
Figure 1 clearly displays the results of the survey:
- know and name human and civil rights, including the right to life, to personal integrity, to private property, to education and to work - 61.4%
- call the fundamental human rights the right to life, liberty and security of person - 70%
- know that human and civil rights are spelled out in the Constitution of the Russian Federation - 68.5%
- know that the Constitution of the Russian Federation was adopted in a referendum in 1993 - 44%
- know and name international documents on human rights, including the Universal Declaration of Human Rights and the Convention on the Rights of the Child - 20%
Based on the results of the study, I made the following conclusions:
More than half of the students in grades 6-11 know and name the basic human and civil rights;
Most of the respondents know that the main document on human rights in Russia is the Constitution of the Russian Federation;
Less than half of the students name the date of the adoption of the Constitution of Russia;
Only one-fifth of the respondents know international documents on human rights.
Thus, the students of our school showed not the lowest, but not the highest level of knowledge in the field of constitutional rights and freedoms. I think it leaves a lot to be desired.
Conclusion
Working on the topic “Human and Citizen Rights in Soviet Russia, the USSR and the Russian Federation”, I got acquainted with the history of constitutional law in our country, found out when and in connection with what new constitutions were adopted, how they differed from each other in the field of human rights and citizen.
Thus, comparing the five constitutions of our state, I achieved the goal of my research and concluded that the 1993 Constitution of Russia is the most democratic in the field of human rights. The hypothesis expressed in the media was fully confirmed. Never before has the legal status of a person and citizen been as high as it is today. The results of a sociological survey among schoolchildren show that the level of knowledge in the field of constitutional human and civil rights in our school is generally satisfactory, but can be much higher.
The data obtained will be used in the lessons of social science and history.
List of sources used
1. The Constitution of the RSFSR of 1918. (http://www.hist.msu.ru/ER/Etext/cnst1918.htm)
2. The Constitution of the USSR of 1924. (http://www.hist.msu.ru/ER/Etext/cnst1924.htm)
3. The Constitution of the USSR of 1936. (http://www.hist.msu.ru/ER/Etext/cnst1936.htm)
4. The Constitution of the USSR of 1977. (http://www.hist.msu.ru/ER/Etext/cnst1977.htm)
5.Constitution of the Russian Federation. Novosibirsk: Siberian University Publishing House, 2008. - P. 8-15
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Parentheses are used to group search phrases. This allows you to control the boolean logic of the request.
For example, you need to make a request: find documents whose author is Ivanov or Petrov, and the title contains the words research or development:
Approximate word search
For an approximate search, you need to put a tilde " ~ " at the end of a word in a phrase. For example:
bromine ~
The search will find words such as "bromine", "rum", "prom", etc.
You can optionally specify the maximum number of possible edits: 0, 1, or 2. For example:
bromine ~1
The default is 2 edits.
Proximity criterion
To search by proximity, you need to put a tilde " ~ " at the end of a phrase. For example, to find documents with the words research and development within 2 words, use the following query:
" research development "~2
Expression relevance
To change the relevance of individual expressions in the search, use the sign " ^
" at the end of an expression, and then indicate the level of relevance of this expression in relation to the others.
The higher the level, the more relevant the given expression.
For example, in this expression, the word "research" is four times more relevant than the word "development":
study ^4 development
By default, the level is 1. Valid values are a positive real number.
Search within an interval
To specify the interval in which the value of a field should be, specify the boundary values in brackets, separated by the operator TO.
A lexicographic sort will be performed.
Such a query will return results with the author starting from Ivanov and ending with Petrov, but Ivanov and Petrov will not be included in the result.
To include a value in an interval, use square brackets. Use curly braces to escape a value.
The constitutional status of a person in the Russian Federation is the role and place of a person (person) in the state, enshrined in the Constitution. According to Art. 2 of the Constitution of the Russian Federation, a person, his rights and freedoms are the highest value.
This norm is one of the core norms of the modern Constitution. Its meaning (and the main difference between the Constitution of 1993 and the previous Soviet and Russian Constitutions) is that the person and the state have radically changed the relationship between themselves. From the principle "Man in the name of the state" that prevailed in the Soviet era, Russia came to the idea of "The State in the name of man", which expresses the philosophy of the modern Russian Constitution. The constitutional status of an individual in the Russian Federation is characterized by the fundamental rights and freedoms of a person, which are enshrined in Chapter 2 of the Constitution ("Rights and freedoms of a person and a citizen").
The basis of the constitutional status of the individual in the Russian Federation is the basic personal human rights.
The very consolidation of personal rights, primarily in relation to other rights, symbolizes the change in the constitutional status of the individual in the Russian Federation. If in the previous Constitutions personal rights were fixed last, which emphasized their secondary and subordinate role of a person in relation to the state, then in the Constitution of 1993 a person is considered initially as a person with his own interests and only then as a member of society and a citizen of the state.
The Constitution of the Russian Federation enshrines such fundamental personal rights as:
- the right to live;
- the right to dignity;
- the right to liberty and security of person; the inviolability of the home; privacy;
- freedom of telephone, telegraph, postal and other communications; freedom of information;
- freedom to determine nationality and choice of language;
- the right to freedom of movement and choice of place of stay and place of residence;
- the right to leave Russia and return back; freedom of conscience and religion; freedom of thought and speech.
The consolidation of these rights in the Constitution means the following:
- human life in Russia is the main value; all forms of depriving a person of life are illegal and subject to legal liability (murder is the gravest crime, euthanasia (killing by doctors of a patient at his request) is prohibited, etc.); the only way to legally deprive a person of life is the death penalty by a court sentence; at present, the death penalty is not carried out and the state is striving for its complete abolition;
- human dignity is inviolable, cruel, inhuman, degrading treatment and punishment, including torture and forced medical experiments on people, are prohibited;
- restriction of human freedom is unacceptable, except in cases strictly regulated by law (for example, in law enforcement activities);
- it is prohibited to interfere in a person’s private life, collect information about it without his consent, audiovisual monitoring of a dwelling or means of communication (except as otherwise provided by law);
- everyone has the right to freely mix and choose a place of residence, the permissive registration has been canceled;
- everyone has the right to determine their nationality or not to determine any, to choose the language of communication;
- Everyone has the right to profess any religion or not to profess a religion at all, to think and speak freely.
These (personal) rights form the basis of the constitutional status of a person in the Russian Federation.
The full constitutional and legal status of a person in Russia consists of the following elements:
- norms of the Constitution, which declare a person the highest value, and recognition, observance and protection of his rights and freedoms - the main duty of the state;
- personal rights and freedoms of a person;
- political, economic, social and cultural rights in the field of justice;
- duties of a person and a citizen;
- citizenship;
- legal capacity and legal capacity (legal personality);
- legal responsibility;
- the basic principles of the law in force in the country. The legal status of a person can also be:
- general (established by the Constitution, obligatory for all);
- special (reflects the position of certain categories of citizens - pensioners, military personnel, etc.);
- individual (characterizes a separate human personality - gender, age, marital status, etc.).
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