All about tuning cars

Essays on the topic of law in the modern world. Essay on the topic: Human rights. Conclusions on this work

Published: 24.09.2013

Average comprehensive school № 6

The subject of the essay is:

Human rights through the eyes of a child

Pupil 4 "B" class Vetrova Anna

Class teacher S.V. Vasilieva

Podolsk 2011

Labor law

(right to work and freedom of work)

You are a man!

And do not be lazy, go and work!

Everyone has the right to education. All people can study at school, at the institute, and therefore can get an education. But for this you have to try. You only need to study for A's and B's. If you did an excellent job at school, you can go to college! And you will have higher education!

But this does not guarantee you will have a first-class job with a high salary.

And having received an education, everyone has the right to work. But in life, not everyone can exercise this right. Let me give you an example from the life of our family.

1) Age.

My dad has a gold medal for graduation and a red diploma for graduation. But he cannot find the necessary and interesting job for him due to the fact that he is ... almost 40 years old (strange, isn't it?). When he comes to apply for a job, he is not hired because ofage. And that's why my dad does not work where he wants, but where he was taken. Although everyone has the right to work, it is not always possible to realizetheir right because the law was created incorrectly, because everyone has the right to work. Even a person after retirement, if he wants, can go to work. Although, according to the law, anyone who wants to can work without any restrictions.

2) They pay little money

After the army, my uncle wanted to continue serving as a firefighter in his city. But he, too, could not exercise his right, because they pay very little money there. And the job of a firefighter is very dangerous and difficult. Therefore, I believe that this work should be paid well. But in order to feed my grandparents, buy them medicines and the most necessary things, he had to give up his dream and go to work where they pay a lot. And this work is hard and very harmful to his health. And now we can conclude that not everyone can exercise their right the way they want.

3) By acquaintance.

And I also heard from the conversations of adults that they are hired if someone they know goes to the authorities to specially agree on you. Is this right?

Even though I am still small, and I will not get a job for another 10-12 years, but now I want to go to the President of our country and ask him that all laws for people would be fair for working people. Better yet, I'll get an education, become a lawyer, and write a lot of good laws for people.

I'll get it!

Essay on "Human Rights"

Every person has natural rights from birth. All of them are enshrined in the Declaration of Human Rights adopted by the international community. Surprisingly, it took people centuries to understand and assert their rights. But they are so simple and clear!

I think that if all people respect their own and others' rights, there will be much less grief, tears and injustice on Earth.

The first and foremost human right is his right to Life. It should be sacred to everyone. Also each

He has the right not only to live his life, but to live it with dignity.

So that no one else humiliates a person, either morally or physically. He did not beat, did not intimidate, did not force him to do something. A person has the right to personal dignity and freedom.

And therefore he has the right to freely choose: whom to study for, where to work, whom to love.

Also, everyone is given the right to private property. It is human nature that we all want to have something of our own: a house, a car and other things. Nobody has the right to take this away from us.

The state and its laws must protect human rights. But people often have to defend themselves.

Precisely from the state and its leaders. Even seventy years ago in our country they shot children who did not want to serve in the army.

At the same time, in Europe, some women with poor health were forbidden to give birth to children for the sake of "the purity of the nation."

It is very good that these times have passed, that humanity has become more conscious. But it cannot be said that human rights are generally well observed, and in our country too. For rich and influential citizens, the rights seem to be wider, but for the common people - narrower.

Personally, I believe that each of us should watch himself whether his rights and freedoms are not being violated. And of course, defend them. And also, and this is the main thing - to respect the rights of others, no less than your own.

Then our state can be called legal.


(No Ratings Yet)


Related posts:

  1. Title: “Human Rights. The child and his rights "Author: Liseenko Nadezhda Nikolaevna Position: social teacher Explanatory note Competition teaching aids for the best organization of work on the civil education of children and adolescents " International legislation on the rights of the child ”. Title: “Human Rights. The child and his rights " Extracurricular activity aimed at increasing the level legal culture... Trainers must learn that most importantly, [...] ...
  2. Law is the basis for a stable life in any society. This phenomenon has a lot of functions, and in order to understand how it works, you should analyze most of them. Law is an integral part of life. Its peculiarity is that it is very difficult for ordinary people to understand, nevertheless, it extends its action and power to everyone. [...] ...
  3. When it comes to talking about human rights, most people certainly understand by this exactly the expression that is put in the title of this essay. And indeed: since I am a person, then I have the right! Moreover, complete and without any reservations. But can it really be so? After all, if all people simultaneously begin to demand complete [...] ...
  4. Loneliness of a person. A person is essentially a living being who must live in a team. It is not for nothing that the development of mankind accelerated its pace only when people began to live in a collective, where each had his own role and purpose. It seems that in the modern world, where every day a person meets a thousand acquaintances and strangers, communicates with them, works in a team, [...] ...
  5. Lesson type: learning new material. Lesson objectives: 1) educational: To repeat the material previously studied in the course of social studies (the concepts of law, law, legislation, branch of law, bylaw, rule of law, hierarchy of legislation in labor law); Continue the formation of basic ideas about law, about the main meaning of this concept, study the system Russian law, its hierarchy; 2) educational: 1) fostering an attitude to problems [...] ...
  6. My rights and obligations Speaking about rights and obligations, first of all, it is worthwhile to clearly realize that real obligations are enshrined in the legislation of the country, and everything that is not prohibited by this legislation can be attributed to rights. All other obligations not enshrined in laws are valid only on one condition - a person gives his own consent to them. Naturally and understandably, [...] ...
  7. Development of the history teacher of the “Nikulinskaya secondary school” Shkurchenko Alexei Nikiforovich Lesson topic: Human rights. Public lesson in grades 8-11. December 12, 2012 The purpose of the lesson: To acquaint students with the fundamental international documents on human rights, the significance of which is relevant for ensuring modern protection of the rights and freedoms of the individual in the states of the world: To form a respectful attitude towards human rights and freedoms, [...] ...
  8. Katerina in the fight for her human rights The central place in Ostrovsky's drama "The Thunderstorm" is given to Katerina. After the publication of this heroine, the reputation of "a ray of light in the dark kingdom" was entrenched. From among other women in the city of Kalinov, she was distinguished by a strong character. She was honest, straightforward, sincere and free-spirited. In addition, Katerina possessed a moral purity rare in their midst [...] ...
  9. BUSINESS GAME "DO WE KNOW THE RIGHTS OF CHILDREN?" OBJECTIVES Promotion of the legal education of children in the teaching staff. Familiarity with the main articles of the Convention on the Rights of the Child. There are three teams involved in the game. Members of each team share their experiences in educating children about their rights. The presenter makes a report on the problems of the legal education of children in a preschool institution, then a quiz is held. [...] ...
  10. The theme of the "little man" in the story The Stationmaster The theme of the "little man" was one of the most beloved in the works of Russian writers of the early nineteenth century. A. Pushkin was no exception, and he, like no one else, could reveal all the shades and colors of the soul of the so-called "Little Man" in his works. The story "Stationmaster" tells about the official of the very last [...] ...
  11. The legal culture of a person is his attitude to law, his readiness to comply with laws and other normative legal acts country. Legal culture is of decisive importance for the efficiency of society, for its good and consistent development. In society with high level legal culture ensures the stability of legal relations between people, which makes this society honest, fair and comfortable for all [...] ...
  12. The rights and freedoms of the child are protected by the UN Convention on the Rights of the Child, by virtue of the Legislation of Ukraine Scientific may the right to: - Freedom of denial of information. - Freedom of thought, conscience and religion. - On the shanu of human happiness. - Good luck with a cat-free education up to the state-of-the-art educational standards, development of your individual, your talents, smart and physical health. - Assessment of knowledge and intelligence [...] ...
  13. -There is no more sacred word “Labor!”. -And a place in life is right Only to those whose days are in labor ... -Only to workers glory. These are lines from the poem "Labor" by V. Bryusov. The poet wrote a hymn to labor for the good of society. The problem of the importance of labor in human life has been touched upon by many writers and poets, since it is topical and does not lose its relevance even [...] ...
  14. V. Soloukhin talked a lot about the problem of the harmful influence of modern mass culture and television on a person. Many will agree with him that television dulls the human mind and only negatively affects the mind. Writer and publicist V. Soloukhin once came to visit an English farmer who spoke negatively about television. He said that the television was killing his daughters, who [...] ...
  15. Each of us is an individual, a separate grain in a huge society. Our history, the life of society, our development depends on each of us. That is why we must be responsible for our actions, not commit irreparably stupid actions, strive for good. Lev Nikolaevich Tolstoy in his epic novel “War and Peace” discusses exactly this. The writer says that [...] ...
  16. What is money? Just pieces of paper or a bunch of opportunities? It probably all depends on the people who use them. For some, money is something that can be exchanged for food, while others see it as an opportunity to relax somewhere or dress nicely. Such a concept as money has existed for a very long time, but I think our ancestors would have just laughed at [...] ...
  17. The organization of the United Nations at the All-Holy Declaration of the Rights of the People voted to have the right to a special child, turbot and assistance, and that “the child, due to his physical and mental immaturity, needs special protection and care, including proper legal protection, as , and after birth ”(New York, November 20, 1989) To a child є human skin until reaching [...] ...
  18. Lecture for the cob school "My rights" Meta: learn about the UN Convention on the rights of children; to expand knowledge of studies about їхні rights; vikhovuvati legal culture and legal witness. Possession: babies of Kazkov's heroes, a convention about the rights of a child. Go to the call Vigilant: Vitaєmo svіh, hto this year's mandate with us the land of Law, Law. I ask our senior pupils to come to us. 1 student: Morality [...] ...
  19. Description of a person's appearance Walking down the street, we see a lot of people passing by. Most of them are not familiar to us, with some we meet along the way every morning, or, going home from school. Gum does not need to memorize them, but, nevertheless, we notice them by some signs - clothes, shoes, gait, strange hat or not [...] ...
  20. What is music? What is its impact on a person? And why do we listen to music? One of the explanatory dictionaries says: "Music is art, the means of embodying artistic images for which are sound and silence, specially organized in time." All people can be divided into two groups. The first one is those people whom music is just [...] ...
  21. Preparation for the Unified State Exam: Essay on the topic “The Significance of a Human” Have you ever thought about the importance of your Life? About his role in this huge world, where there are so many different destinies, and each has its own unique story. You are part of it. Man, an ideal divine creation, clearly outlined according to certain standards that are inherent only in you. It is truly a miracle that among [...] ...
  22. An ideal person, for all people, is a person in whose soul not only positive character traits live, but also an ideal, which means an incredibly beautiful and healthy person who always does the right thing. From childhood, we are told that there are no ideal people in the world, everyone has made a mistake at least once in their life. Each person has his own ideals, and his own [...] ...
  23. How much attention (even too much) and time we devote to how the people with whom we communicate, or ourselves, are dressed. We try to constantly keep abreast of new fashion trends, we strive to acquire more stylish and expensive things, make beautiful makeup, and style our hair beautifully. Of course, this is very important, it is natural for a person to strive to look beautiful and graceful. [...] ...
  24. What is beauty? Is it really measurable? Each of us knows that there is not only external beauty, but also internal beauty, which sometimes overshadows the correct and graceful features of the face, silky hair and a thin waist. Often on the streets and squares we gaze at nice people, involuntarily thinking how wonderful they look, how charmingly they smile or how [...] ...
  25. Dignity is probably something that every person has the right to be proud of. Each of us has some positive character traits that adorn our soul. However, when we say “Human dignity in our day,” we rather mean morality. Morality of the society, which is appreciated and is a worthy adornment in our day. For example, kindness is positive feature, but […]...
  26. Preparation for the Unified State Exam: An essay on the topic “The Significance of a Man” (Unified State Exam) The value of a person for society. People have always lived in a society, so they should benefit this society. Everyone makes their own contribution to the Life of mankind. Probably, not a single person can exist without society, because in order to live in warmth, comfort and satiety, other people are needed - [...] ...
  27. Essay on the topic Human life Most often, a person begins to think about what life is, when he has many past years behind him. All important events, dear people, dreams that have come true, and those that will never come true - all this constitutes an invaluable life experience of a person. I think it is actually very important to understand, [...] ...
  28. Happiness for any person is a well-paid job in a specialty, a home, a wife, and healthy, obedient children. For the majority of the population of our planet, these are the main indicators of happiness. But in order to have a good job, you need to finish school with a gold or silver medal, go to university (preferably on a budget), study well throughout the educational process, so that [...] ...
  29. Objectives: To acquaint children with the “Universal Declaration of Human Rights”, “Convention on the Rights of the Child”; to give children initial legal knowledge. Lesson flow 1. Introductory speech of the teacher. Today we will talk about what a person needs to know and be able to do in order to feel good with other people. - How to behave correctly, how should a person live in society? Since [...] ...
  30. Every saying, every proverb! - this is a pearl, polished to shine by many generations of people. This is the source of folk wisdom, observation, ingenuity. “It’s not clothes that make a person…” - we hear, and at the same moment, somewhere in the depths of our souls, there is a desire to object. Who among us does not want to look attractive, have beautiful fashionable clothes, shoes, a strap, a bag? Who are we [...] ...
  31. Many scientific works and books have been written about the life of primitive man, many documentaries and feature films have been shot. Thanks to the development of advanced technologies, our contemporaries are able to learn more and more how people lived in prehistoric times. And more and more we are surprised at how primitive people managed to survive in that cruel and merciless time. Every day […]...
  32. Comedy by OS Griboyedov "Woe from Wit" Has played an outstanding role in the socio-political and moral education of several generations of Russian people. She armed them to fight against violence and arbitrariness, meanness and ignorance in the name of freedom and intelligence, in the name of the triumph of advanced ideas and true culture. We, like our parents and grandfathers, are captured by the perfection of “Burning [...] ...
  33. The color is extremely great importance in the life of any living being, and especially in the life of a person. He is able not only to provide additional information about a particular subject, but also to evoke feelings and thoughts. In a relationship psychological aspect, then the perception of color is associated not only with the aesthetic and socio-cultural, but also with the emotional state. No wonder modern [...] ...
  34. And I, until death has extinguished the last star in my eyes, - I am your soldier, waiting for your orders. Lead me, Great Russia, To work, to death, to feat - I'm going! N. Gribachev The memory of the heart makes writers and readers again and again return to the theme of the heroic deed of the people in the war. This topic is inexhaustible, immense; difficult to list [...] ...
  35. FM Dostoevsky in his novel "The Idiot" tried to create the image of a positive, wonderful person. Dostoevsky himself came to the conclusion that only Jesus Christ is ideal. That is, the closer the hero of the novel is to him, the more correctly the writer's intention will be revealed. The hero of the novel is Myshkin, who came close enough to the ideal of Christ. Myshkin is a pale man of twenty-seven years old, [...] ...
  36. Music, as many meanings fit into this word, on the one hand, music is a way of expressing the feelings of great people. People with a subtle spiritual nature. On the other hand, music is not just a name, but a loyal friend and comrade who shares with us sorrow and joy. How does music affect the human soul? I tend to believe that [...] ...
  37. The concept of honor has accompanied man throughout history. Apparently, it has existed since the time when our ancestors slaughtered mammoths together - because in this business, there probably also existed some kind of system of virtues, a kind of moral code. Subsequently, a sense of honor, self-esteem did not allow obeying enemies, surrendering, and betraying friends. And this is not necessarily the case [...] ...
  38. Now in our time there are very few modest and educated people, but such people still remain. In my opinion, you need to be modest, because not a modest person, just ill-mannered. Each has its drawbacks, but you still need to be humble. Modesty is established from childhood. Therefore, I can conclude that you need to be a humble person, [...] ...
  39. The meaning of human life is a more philosophical concept than a logical one. Every person on earth is unique - he is a person. And as a person, he has a set of qualities peculiar only to him, which form his character and worldview. Depending on temperament, upbringing and hereditary factors, life values ​​and views of a person on certain issues are formed. The meaning of life is laid [...] ...

2 Legal protection of human rights and freedoms in the Russian Federation

Conclusion

Bibliographic list of literature

Introduction

Human rights is one of the main branches international law... This is a kind of value guideline that allows applying the “human dimension” not only to the state, law and law, but also to civil society, since the degree of maturity and development of the latter depends largely on the state of affairs with human rights, on the volume of these rights and their implementation. ... Human rights give him the opportunity not only to participate in governing the state, but also to distance himself from him, to self-determine in the field privacy, choice of beliefs, attitude to religion, society. Absorption civil society the state, the nationalization of all spheres of life occurs where human rights are either absent or are of a decorative nature.

Under protection of human rights is understood as "the totality legal regulations, defining and enshrining in a treaty order human rights and freedoms, the obligations of states on the practical implementation of these rights and freedoms, as well as international mechanisms for monitoring the implementation by states of their international obligations in this branch of law and direct protection of the violated rights of an individual "

The relevance of the topic is due to the practice of gross and massive violations of human rights. This, in turn, gave rise to the emergence of international mechanisms for monitoring the observance of human rights and their protection.

The degree of scientific sophistication. In general theoretical terms, the problem of legal protection of human rights has always attracted the attention of scientists and was developed in the works of such authors as: Avdeeva M.A. Butylin V.N., Goncharov I.V., Barbin V.V. V.P. Gribanov S.A. Gorshkova V.Z. Gushchin Demin I.P. A. V. Zaritsky Kirlanov T.G. and etc.

Object of study- public relations arising in the process of implementing the mechanism for protecting human rights.

Subject of study- the mechanism for the protection of human rights and its relationship with law enforcement practice.

Purpose of the study- analysis of legal norms aimed at protecting human rights and their implementation in law enforcement practice and legislation of the Russian Federation.

Research objectives:

Expand the concept of human rights protection as a comprehensive legal category;

Investigate the legal protection of human rights and freedoms in the Russian Federation.

Methodological and theoretical basis research. The methodological basis of the research was formed by the main provisions of the dialectical method of scientific knowledge. Also, the work used general scientific and special methods of cognition: historical, logical, comparative legal, sociological, and some others.

Regulatory and empirical research base. Regulatory framework research are various domestic legislative, international legal and other legal acts in force at the time of research.


1 Protection of human rights as a complex legal category

Much has been devoted to the study of the human rights protection institution. scientific works... Protection is a complex, multifaceted phenomenon. It highlights legal, social, political, ideological and other aspects.

The plurality of study approaches, according to N.N. Tarusina, due to the fact that “ general theory law has not yet offered the branch legal sciences any satisfactory definition of protection subjective rights and interests, as well as criteria for the formation of its system ”. Over time, this conclusion, unfortunately, has not changed. While creating a large scientific knowledge gap, this issue negatively affects law enforcement practice, which makes it necessary to study the institution of human rights protection as a whole and its structural elements.

The concept of "protection" is considered in science with different parties... YES. Muratova identifies the following approaches, according to each of which the protection of subjective rights is: 1) a system of measures; 2) activities government agencies or actions of the subject of protection; 3) a system of legal norms; 4) the exercise of the right to defense, which is a subjective right of an independent type.

In my opinion, the protection of individual rights should, first of all, be considered as the activity of state bodies regulated by legal norms or the actions of the subject of protection aimed at realizing the right to protection using certain methods and means.

In this definition, the key category is activity. Based on this, the protection of the rights of citizens is used to mean:

Legal framework activities;

Duties, goals and tasks facing the state and its bodies;

Appropriate actions (activities) of the competent authorities, officials and citizens themselves.

As a legal basis for activity, protection can be expressed in a system of relevant principles, legal norms, legal basis and the responsibilities of government agencies and officials, and the appropriate implementation mechanisms. For example, an important function of any legal proceeding is to protect Russian citizens from restrictions and violations of their rights and freedoms, based on the Constitution and laws of the Russian Federation.

In accordance with Art. 2 of the Constitution of the Russian Federation, the protection of the rights of citizens is the main constitutional obligation of the state. The proclamation of the protection of human and civil rights and freedoms means the state obligation to create special institutions for the protection of rights and freedoms. They are represented by the system of judicial authorities, state institutions of non-judicial protection and non-state human rights organizations. In this mechanism, the central place is undoubtedly given to state institutions... As V.P. Salnikov, "the constitutional provisions indicate that the Russian state imposes the obligation to protect human and civil rights on the entire system of state bodies." The Constitution provides for the duty of the state to concretize through laws the rights and freedoms of man and citizen and to protect them. The current legislation in most cases uses the category "protection" to formulate goals and objectives legal regulation public relations.

We agree with the opinion of O.A. Snezhko, according to which protection should be considered as a set of relevant actions (activities) of the competent authorities and officials, as well as the citizens themselves. The Constitution of the Russian Federation stipulates not only the obligation of the state to protect human rights and freedoms, but also the right of citizens to defend their rights themselves and apply to the appropriate authorities for protection. She consolidated the position according to which everyone (citizen) has the right to defend their rights and freedoms in all ways that are not prohibited by law. This statute has received such a name in science as "self-defense".

Self-defense can be carried out not only through actions (physical rebuff to the offender, filing a lawsuit, filing a complaint, etc.), but also in certain cases through inaction of citizens (refusal to testify, refusal to work in cases stipulated by law) ... The choice of protection options depends on various circumstances: on the nature of the offense, the nature of the legal relationship, the will of the subject of protection, etc. given right... For example, in case of violation of property rights, such a method of protection as compensation for losses and collection of a forfeit is recommended.

In this work, along with the protection of rights, the term “activity” is used. It is used to analyze the implementation by the relevant bodies, officials of their human rights functions, and the subjects of protection - their powers.

We will try to determine the legal nature of protecting the rights of citizens, to reveal the features of protection that characterize its constitutional and legal essence.

First, protecting the rights of citizens is an activity that is mandatory for the state and its bodies. Proclaiming rights and freedoms as the highest value, and their protection as the duty of the state, the Constitution of the Russian Federation thereby erects this imperative, which is concretized in Russian legislation, to the rank of main.

Secondly, protection is an activity carried out with the help of legally established methods, forms and methods by the relevant subjects of these legal relations. YES. Muratova defines the methods of protection of rights as “exhaustively provided for The Civil Code Russian Federation or other federal laws actions taken consistently authorized persons or bodies state power aimed at suppressing the offense and (or) restoring the violated civil law ”. Depending on the form of protection, these actions are carried out by a person whose right has been violated, or authorized body state power. It follows from this that protection is not limited to the activities of only state bodies and officials, but is carried out by the citizens themselves within the framework of the law.

The protection of the rights of citizens is carried out using the norms of various branches of law, which indicates that the institution of protection belongs to a complex (intersectoral) legal institution... This affiliation indicates such a feature of protection as the complexity of legal regulation. Legal norms, despite the fact that they are different in nature and content, affect protection issues and are contained in all branches of law.

The activity envisages certain actions(v in this case for the protection of citizens' rights), which have the following main features: freedom, legality, purposefulness, timeliness, proportionality, completeness.

Freedom of action to protect rights presupposes ample opportunities for a person to use both their own physical (mental) abilities and others (appeal to the relevant state bodies, non-governmental human rights organizations, interstate bodies for the protection of individual rights and freedoms). Actions for protection are limited by the law, which, on the one hand, proclaims the freedom to choose the methods of protection, and on the other, predetermines the choice of the method of protection in order to increase its effectiveness.

It seems that it is impossible to make a categorical conclusion that the law fully binds the freedom of choice of methods of protection only with those tools that are inherent in a certain area of ​​public relations. The subject has the right to choose one or another remedy himself. However, its effectiveness depends on the correctness of the choice, which is predetermined by law. The ability to use a different method is theoretically allowed, but it practical implementation impossible or difficult. Therefore, the protection of the rights of citizens cannot achieve its result. Any defense has a specific purpose. It is the prevention of violation of rights and the restoration of already violated rights. This refers to the protection by a citizen not only of his own, but also of others' rights and freedoms, as well as protection by the state in the person of state bodies and on their initiative. The purposefulness of protection determines the presence of another feature - timeliness.

Achieving the goal of protecting the rights of citizens makes sense only if the protection is certain in time. The extent of protection of the rights of citizens depends on the forms and methods, as well as on the means used in the protection. Failure to comply with the deadlines specified in the legislation, within which the elimination of violation or restoration of rights is carried out, nullifies all efforts to protect these rights. Delaying the procedure for protecting the rights of citizens may complicate the current situation, and a prolonged failure to seek protection can create uncertainty in controversial situations and may lead to the loss of the relevance of the protected right altogether. In this regard, not only timeliness is required, but also the maximum speed of the actions taken to protect.

Timeliness of protection presupposes the use of human rights mechanisms in such a way that the time interval between the violation of a subjective right and the measures taken is minimal. Highlighting the importance of timely protection of the rights of citizens, one should point out the need to create appropriate mechanisms that would allow citizens whose rights and freedoms have been violated to seek their real protection within the framework of the rule of law, i.e. using all methods not prohibited by law. Legality can be seen as a complex integrative legal regime, within the framework of which all other legal procedures and regimes aimed at protecting the rights of the individual must be implemented. That is, the rule of law as a regime appears to be a certain sphere, within which the subject of protection has complete freedom of action.

All protective actions must be proportionate. Proportionality implies the use of such legal means and methods that are adequate to the offense. So, for example, according to Part 1 of Art. 37 of the Criminal Code of the Russian Federation, protection against an attack associated with life-threatening violence, or the threat of such violence, is recognized as legitimate if any harm is caused to the attacker. With regard to other socially dangerous encroachments, protection should be recognized as proportionate if it is not clearly inconsistent with the nature and degree of the encroachment. Using any method of protection in each specific case of violation of rights, the subject must take into account their specifics. This is also necessary in order to ensure the balance of the rights and legitimate interests of all participants in specific legal relations.

Completeness presupposes the application of all possible means of protection, both domestic and international. At the same time, resorting to international methods of protection is possible only when all domestic methods have been exhausted. Speaking at the VII All-Russian Congress of Judges, Russian President Dmitry Medvedev emphasized: "I agree that Strasbourg or any other international court cannot and should not replace Russian justice, but the judicial system itself should minimize this kind of treatment."

Thirdly, the Constitution of the Russian Federation puts a broad content into the concept of "protection", which is close to the concept of "protection", but, in my opinion, is not identical to it. The concept of "protection" includes activities not only related to the restoration of violated rights and freedoms, but also other activities that prevent such violations. Based on the constitutional provisions, it can be concluded that the right to defense exists regardless of the existence of an offense at the moment, since even in the absence of its Art. 45, 46 of the Constitution of the Russian Federation guarantee all state and judicial protection, and Art. 48 guarantees the necessary qualified legal assistance... This means that one should distinguish between two close, but not coinciding concepts: "protection" and "protection" of human rights.

As L.I. Glukharev, the stage of protection is aimed at the positive realization of rights and the prevention of possible violations of rights or eliminating obstacles to their implementation. At the stage of protection, mechanisms and institutions are concentrated for restoring violated rights, bringing the perpetrators to justice and compensating for the damage caused.

ON. Bogdanova, among the legal methods of ensuring constitutional and legal status, distinguishes protection, understood as prevention of violation of status, and protection, linking it with the restoration of certain elements of the normatively enshrined legal status subject.

As V.A. Tarkhov and V.A. Fishermen, protection is carried out constantly, and protection has to be resorted to only in case of violation or threat of violation of rights, freedoms and legitimate interests.

According to N.I. Matuzov, “rights and interests are constantly protected, and are protected when they are violated. Protection is the moment of protection. Protection is the establishment of a general legal regime, and protection is those measures when rights and freedoms are violated or challenged. "

IN AND. Kruss argues that if the concept of protection is limited to measures applied after the offense to restore the violated right, then it must be borne in mind that in Russian etymology the distinction between the concepts of "protection" and "protection" is far from convincing. In both cases it comes about the same functional-target content: prevention or suppression of the threat of harm to the object of encroachment. To defend means to protect, guard, defend, intercede, not give offense. But to protect is nothing but to protect, protect, secure, defend, intercede, save.

In my opinion, the concept of protection should not be linked only with the prevention of harmful encroachments, and protection - with the elimination or diminution, compensation for the consequences of the harm caused. Protection - the establishment of a general legal regime. Protection is a complex system of measures applied to ensure the free and proper exercise of subjective rights, including various means and measures.

Despite the rather broad constitutional interpretation of the term "protection" and the possibility of synonymous use, the current legislation links protection with violation of rights, i.e. the offense precedes the defense. This allows us to single out another feature of protection: it is an inextricable link with violation of rights (or the obvious threat of violation).

It is important to note that the protection of rights entails various legal implications for the participants in the legal relationship. For the injured party, the results of the defense are favorable, and for the other (the offender), they give rise to the onset of unfavorable consequences of a different nature.

The listed features and main characteristics of the institution of protection allow us to consider it as a complex legal category, which serves as a reliable guarantee of the realization of human rights.

2 Legal protection of human rights and freedoms in the Russian Federation

Recognition, observance and protection of human and civil rights and freedoms - a new reality modern Russia, one of those spheres of its state and public life, which attracts and causes concern not only within our country, but also abroad.

In modern conditions, fundamental human rights are set forth, as a rule, in the constitution of each state and in international legal instruments on human rights, in particular in the International Bill of Human Rights, as well as in the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950). , European Social Charter (1961). Constitutional state presupposes not only the legal consolidation of democratic rights and freedoms of man and citizen, but also the existence of a mechanism for their provision, guarantee. Rights and freedoms are assessed against real guarantees. Back in 1789 in st. 16 of the French Declaration of the Rights of Man and Citizen, it was written: "Every society in which guarantees of rights are not ensured and the separation of powers is not established has no constitution."

The recognition of human and civil rights and freedoms as priorities has become important and significant condition creation of a legal and moral foundations for the development of democracy, a clear definition of the legal status of an individual in the Russian Federation.

According to part 2 of Art. 55 of the national Constitution in Russia, laws should not be issued that abolish or diminish the rights and freedoms of man and citizen. Human and civil rights and freedoms in accordance with Art. 18 of the Constitution of Russia are directly applicable. They determine the meaning, content and application of laws, the activities of legislative and executive power, local government are provided with justice. The importance of these norms can hardly be overestimated, since they emphasize the priority of human rights and freedoms over other values.

Considering the importance of human and civil rights and freedoms in ensuring the normal life of society, it is worth noting that without state regulation, the exercise by a person of his rights would be impossible or difficult. In this regard, it is essential to study the mechanisms and procedures for the protection and protection of human and civil rights and freedoms, the analysis of constitutional, judicial, administrative and legal ways to ensure them.

The activity of any government body is subordinated to the achievement of a single goal - to ensure the rights and freedoms of man and citizen. This is his direct and most important constitutional obligation and consists in creating economic, organizational, legal and other conditions for the realization of rights and freedoms. At the same time, in the process of functioning, any body of state power solves its immediate tasks, and, ultimately, their high-quality implementation serves as a prerequisite for the realization of the rights and freedoms of the individual, since it creates the necessary conditions for this.

The state is obliged to create and form legal mechanisms to eliminate any violations committed by its bodies and officials in the implementation of criminal and civil proceedings, to guarantee the priority of human and civil rights and freedoms. The role of, for example, procedural terms as a guarantee of protection is great in this constitutional rights and freedoms of man and citizen, which are part of the general concepts: legal guarantees, criminal procedural guarantees, guarantees of solving the problems of criminal and civil proceedings. Turning to the consideration of the last of these concepts seems to be a necessary prerequisite for the study of procedural terms in the quality indicated above.

Guarantees are needed not by themselves, but for the possible full implementation of the rights and freedoms of man and citizen. Hence, their character, system and types should, perhaps, more fully correspond to the given task. In the scientific literature, there is no unity regarding the concept and types of guarantees. Thus, several grounds are proposed for classifying guarantees. They are subdivided by purpose, service role into guarantees of implementation and guarantees of protection (protection) of human and civil rights and freedoms. The differentiation of guarantees into basic and superstructure, as well as from the point of view of the subjects of their implementation, has become quite widespread. Their classification into objective and subjective is proposed; by branches of law: constitutional and legal, administrative and legal, criminal and others. Traditionally, the division of guarantees into general and special (legal), although an unambiguous concept of legal (special) guarantees in the theory of law has not been developed.

According to a number of researchers, the concept of "guarantees" covers the entire set of objective and subjective factors that are aimed at the realization and protection of rights and freedoms, at eliminating possible causes and obstacles to their incomplete or improper exercise and protection of rights from violations. Representatives of the theory of law, as a rule, understand legal guarantees as conditions and means that ensure the actual implementation and comprehensive protection of the rights and freedoms of each and every one. A similar position is taken by those scientists who understand by legal guarantees legal means and the ways in which citizens are assured of their rights and freedoms in society.

A broad interpretation of legal guarantees was proposed by P.M. Rabinovich, who believes that it would be more correct to attribute to them certain rights, and the law enforcement activity based on them, and individual legal acts in which this activity is recorded. S.S. Alekseev, K.V. Vitruk believe that the legal guarantees of human and civil rights should include: supervision and control measures enshrined in the norms of law to identify cases of offenses; legal remedies; measures legal responsibility, preventive measures and other law enforcement measures, procedural forms protection of rights.

In any case, the issues of ensuring human and civil rights and freedoms occupy a significant place in the activities of all state bodies, since this is their important constitutional duty. At the same time, the solution of these issues is not the main content of the activities of most of them, but is subordinated to the solution of the main tasks that are set for a specific state body, and acts as one of the conditions that contribute to its normal functioning and the achievement of its goals.

The obligations of the state, corresponding to the rights and freedoms of man and citizen, find their expression in the aggregate of various guarantees enshrined in the law, i.e. those conditions and opportunities that it undertakes to create and provide individuals for the practical exercise of their rights and freedoms. Consequently, speaking about ensuring the rights and freedoms of man and citizen by the state, we can talk about the creation by the state and its bodies of conditions and the provision of opportunities for their implementation. In other words, the state protects and protects human and civil rights and freedoms and thus ensures them.

It is obvious that the role of various law enforcement agencies in resolving issues of ensuring the rights and freedoms of citizens is not the same. This is due to the difference in functions, competencies, departmental affiliation, forms, methods, working conditions, as well as the presence of forces and means that these bodies have at their disposal.


Thus, all the listed features and main characteristics of the institution of protection in the first chapter of my research allow us to consider it as a complex legal category that serves as a reliable guarantee of the realization of human rights.

In my opinion, a promising direction in ensuring human and civil rights and freedoms could be the formation of institutions that can be conventionally referred to as “complex”. The essence of their creation should be to ensure the interaction of bodies of different "departmental affiliation", but which are of key importance in the analyzed process. It seems that such an institution could become a conglomerate of the legal profession and the court, provided that the factors of their "confrontation" are minimized. Such, unfortunately, take place, if only by virtue of the various goals facing the court (establishing the truth in the case in order to make a legal and well-grounded decision) and a lawyer (protecting the interests of the client). In this regard, it is necessary to take into account and develop the public law principles in the activities of the legal profession, consisting in suppressing violations of the rights and freedoms of citizens, establishing the rule of law, preventing violations in the future, ensuring the principle of adversarial process.


Regulations:

1. The Constitution of the Russian Federation (adopted by popular vote on 12.12.93) (taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of 30.12.2008 No. 6-FKZ, from 30.12.2008 No. 7-FKZ) // Russian newspaper from 31.12.2008 - No. 267.

Textbooks, books, monographs, articles:

1. Avdeeva M.A. Modern problems of the legal profession in Russia. Abstract of the thesis. diss. ... cand. jurid. sciences. - M., 2008.

2. Butylin V.N., Goncharov I.V., Barbin V.V. Ensuring human and civil rights and freedoms in the activities of internal affairs bodies (organizational and legal aspects). Lecture course. - M., 2007.

3. Gribanov V.P. Exercise and protection of civil rights. Ed. 2nd. M .: Statut, 2001.

4. Gorshkova S.A. European protection of human rights and the reform of the Russian judicial legal system// Journal of Russian Law. 2002. N 7.

5. Gushchin V.Z. Some aspects of the protection of constitutional rights and freedoms of man and citizen // Constitutional and municipal law. 2007. N 21.

6. Demin I.P. Legal protection of human rights and freedoms in the Russian Federation. "Citizen and Law", 2008. N 12.

7. Zaritsky A.V. Guarantees of human and civil rights in the implementation of legal responsibility (questions of theory and practice). Diss. ... Cand. jurid. sciences. - M., 1999.

8. Kirlanov T.G. Guarantees for the protection of fundamental human and civil rights and freedoms in criminal proceedings in Russia // Criminal proceedings. 2007. N 2.


See: K. A. Bekyashev International public law. - M., 1999, - S. 640

See, for example: Snezhko O.A. State protection rights of citizens: Monograph. M., 2005; A.V. Stremoukhov Legal protection person. M., 2006.

Tarusina N.N. Fundamentals of improving legislation on the protection of subjective rights and interests // Problems of improving legislation on the protection of subjective civil rights / Ed. V.V. Butnev. Yaroslavl, 1988.S. 40.

Constitutions of the states of the European Union // Ed. L.A. Okunkova. M., 1997.S. 695.

See: Butylin V.N., Goncharov I.V., Barbin V.V. Ensuring human and civil rights and freedoms in the activities of internal affairs bodies (organizational and legal aspects). Lecture course. M., 2007.S. 11.

See: A.V. Zaritsky. Guarantees of human and civil rights in the implementation of legal responsibility (questions of theory and practice). Diss. ... Cand. jurid. sciences. M., 1999.S. 18.

See: Legal status of a person and a citizen in Russia. Textbook. allowance / Ed. L. D. Voevodina. M., 1997.S. 37.

See: E.A. Lukasheva Social legality in modern period// Sov. state and law. 1968. N 3.S. 12.

See: Strengthening the rule of law - the regularity of socialism / Ed. P.M. Rabinovich. Lvov, 1974.S. 237.

See: Human and Citizen Rights in Socialist Society. M., 1981.S. 178, 204.

See: Butylin V.N., Goncharov I.V., Barbin V.V. Decree. op. P. 18.

See: M. A. Avdeeva Modern problems of the legal profession in Russia. Abstract of the thesis. diss. ... cand. jurid. sciences. M., 2008.S. 14.

French writer of the XIX century, Victor Hugo, said: "Law is all that is true and just", in his works he has always been on the side of the disadvantaged and offended, advocated the protection of their rights. But not only the disadvantaged and the offended need protection ...

At birth, a person acquires rights and freedoms that are inalienable, that is, no one can deprive a person of these rights. Of course, the main one is the right to life. The main law of our country, the Constitution, says: “The state guarantees equality of human and civil rights and freedoms, regardless of gender, race, nationality, language of origin, property and official status, place of residence, attitude to religion, beliefs, membership of public associations, as well as other circumstances. " The law regulates the relations and behavior of people, each person has equal rights, and from this side, a balance of "black and white" is created in society, because the exercise of the rights and freedoms of one person cannot violate the rights and freedoms of another. Unfortunately, in the modern world there is no each person can say: "I fully exercise my rights." More often you can hear the phrase: "My rights have been violated" or "I must apply for the protection of my rights."

A person grows up, and together with him the society around him develops. The social status of a citizen changes with his age, at first he is a pupil, applicant or student, and then any young person acquires such a status as a conscript. Together with the new status, the young man receives a list of responsibilities. In order to ensure military registration young people are obliged: to be on the military register at the place of residence, to appear at the appointed time and place on a summons (summons) to the military commissariat at the place of residence, to carefully keep a military ID, and so on. Also, each conscript is obliged to undergo compulsory training for military service. But not only duties endows the young man with the status of a conscript. First of all, at young man registered with the military, new, special rights appear, which often remain unexplained and, allegedly, "forgotten" by the leadership. Most often, the culprit is the legal illiteracy of conscripts and their parents.
I would like to pay special attention to the right to an alternative civil service... Each conscript has the right to replace military service with an alternative civilian service, for this it is necessary to submit a corresponding application six months before the start of the draft, and the term of performing an alternative civilian service is 18 months. This is only possible if there are beliefs that conflict with military service, which must be documented. These include,

for example, a religion that does not allow participation in hostilities, that rejects killing and violence. Citizens who have chosen alternative civilian service to military service, as a rule, carry it in social and medical institutions of our country.

Getting into the ranks of the soldiers, the conscript and his parents or legal representatives must be sure that the young man will not need anything. The state is obliged to provide a serviceman with a monetary allowance. But, in my opinion, the most common problem is the delay in monetary allowance, but rather its "retention" in the hands of senior officials or the leadership of the army. Most often, the latter pretend that they supposedly forget about it and simply do not pay attention. But such behavior should never go unpunished. This is especially true of cases when the rights of orphans are violated, for whom the monetary allowance is cut. And more often than not, servicemen simply do not know about this, again due to legal illiteracy.

Increasing the legal literacy of future defenders of our country is a solution to a large number of problems. By acquiring basic knowledge, young people will have an understanding of their rights and how to protect them. So that each conscript has an idea of ​​what lies ahead for him in this year of service, learn more information about the features of military service in different troops. For all this, it is necessary to organize lectures, seminars and conversations with representatives of the military registration and enlistment office, veterans of the armed forces and veterans of the Great Patriotic War in schools, secondary vocational and higher educational institutions. These events will help the children not to be intimidated by military service and to interest the conscript. After all, every young man in our country is obliged to give up his military duty.

International legal documents dedicated to human rights and freedoms influence the laws of individual states. If any state becomes a member of an international human rights organization, then it must ensure compliance with international law throughout its territory. The Republic of Kazakhstan, having become a member of the United Nations (UN), the Organization for Security and Cooperation in Europe (OSCE), thereby recognizes all documents of these organizations concerning the rights and freedoms of citizens, and undertakes to strictly comply with the requirements specified in them.

Equality of all citizens before the law. Society does not divide people by gender, social origin, beliefs, official position, etc. All are equal before the law. This is proof of the humanism of members of society, a criterion for the spiritual development of society, its civilization and legal consciousness. The constitutions of developed countries do not allow discrimination of citizens on various social characteristics... The Constitution of the Republic of Kazakhstan also adheres to this principle.

The main guarantee of the rights and freedoms of citizens, the real condition for their implementation is the activities of state bodies, organizations, officials, based on the strict fulfillment of the tasks assigned to them. All state bodies exist in order to create conditions for citizens to exercise their rights and freedoms. In other words, their main purpose is to protect legal rights citizens.

In the conditions of the transition to market relations, the guaranteeing role of the state is expanding more and more. The state and its organs must protect citizens, their rights and freedoms, not only from bureaucrats, red tape, covetous people, dishonest employees, but also from private individuals who become private owners who acquire the ability to use other people's labor. From the side of the owners private property encroachments on the rights and freedoms of citizens are also possible.

In a truly democratic state, a person must learn to defend his rights, not being afraid to express his opinion in any form (written, oral) about the policy of the state, about the activities of state bodies, about unworthy or criminal behavior officials. Of course, such freedom should not be confused with all permissiveness, speaking the truth - with slander. Both the words and actions of citizens should not violate the law, damage the correct actions of state bodies and officials. If citizens are acting lawfully, they cannot be persecuted.

Organization of work and leisure of students

A rational mode of work and rest is a necessary element healthy way life of any person. With the correct and strictly observed regime, a clear and necessary rhythm of the body's functioning is developed, which creates optimal conditions for work and rest, and thereby contributes to the strengthening of health.


It is important to constantly remember: if it is good to "take the start", i.e. if the beginning of the process of mental activity was successful, then usually all subsequent operations proceed continuously, without disruptions and without the need to "turn on" additional impulses.

The key to success is planning your time. A student who regularly plans his working day for 10 minutes will be able to save 2 hours daily, and also more accurately and better cope with important matters... We must make it a rule to win one hour of time every day. During this hour, no one and nothing can interfere.

For evening classes, you need to choose a calm place - a quiet room (for example, a library, an auditorium, an office, etc.) so that there are no loud conversations and other distractions. Organize such conditions in the dorm room. It is better to start with the hardest when doing your homework. This trains and strengthens the will. It does not allow to postpone difficult cases from morning to evening, from evening to morning, from today to tomorrow and generally on the back burner.

A systematic, feasible, and well-organized process of mental labor has an extremely beneficial effect on the nervous system, on the entire human body. Constant training during work strengthens our body. A long-lived one who works hard and well throughout his life. The student must correctly alternate between work and rest. After classes at the university and lunch, 1.5-2 hours should be spent on rest.

Thus, the student gets time - perhaps the most important for a person - personal time. It can be spent at your own discretion in different ways: additionally for recreation, self-education, hobbies, or for sudden or extraordinary affairs.

Nature of Kazakhstan

The nature of Kazakhstan is very diverse. There are vast deserts, high mountains, vast steppes, deep rivers and large lakes. The fauna and flora of the country are represented by rare species of plants and animals listed in the Red Book. From this article you will learn about what the natural world of Kazakhstan is and what measures are being taken to preserve it.

In terms of its area, Kazakhstan ranks ninth on the planet. Moreover, it is home to only seventeen million people. This is a land of vast expanses, home to thousands of species of birds and animals. The nature of Kazakhstan is magnificent in its own way. Most of the country's territory (44%) is occupied by deserts. Almost a third (26%) in these parts falls on the steppe zones. The forest in Kazakhstan grows very sparingly (5.5%). In the very center of the country there is a huge “yellow steppe” - Sary-Arka.

Nature protection in Kazakhstan is of primary importance for the country's leadership. An action plan has been developed to enrich and restore the natural resources of this wild and beautiful land. Maintaining the activities of state reserves is one of the priority areas. Currently, there are seven of them operating in the country: Ustyurt, Markakolsky, Kurgaldzhinsky, Barsakelmes, Almaty, Naur-zumsky and Aksu-Dzhabaglinsky. Each reserve maintains a unique ecosystem on its territory. Narzumsky - is engaged in the study and preservation of the virgin feather-grass steppe with deep lakes located on it, on the banks of which pine forests grow. Barsakelmesky - covers a deserted island with an area of ​​18 thousand hectares in the Aral Sea. There are few animals and birds, but a rich flora. Aksu-Dzhabaglinsky Nature Reserve is one of the oldest in Kazakhstan. It occupies four high-altitude landscape belts, each of which is home to the rarest representatives of fauna and flora.

Kazakhstan has no outlet to the World Ocean and is washed by two inland seas - the Aral and the Caspian. Water resources the countries are very vast - eight and a half thousand large and small rivers flow in it. The largest of them are Tobol, Irtysh, Ili, Ishim, Syrdarya, Emba and Ural. The largest lake in the country is Balkhash. In Kazakhstan, much attention is paid to the preservation of the unique ecosystem, fauna and flora of the Aral Sea, which is partially located on the territory of the state. The coast of the Caspian Sea, its entire northern and partly eastern part also belong to Kazakhstan.

The nature of Kazakhstan is a world of various deserts. Among them one can distinguish stony - Betpak-Dala, rubble - Ustyurt plateau, sandy - Kyzylkum, Karakum, Moyinkum. The deserts are inhabited by jerboas, gazelles, as well as a formidable viper. The nature of Kazakhstan is rich in reptiles. There are sixteen species of snakes in the country. In the sand dunes of Kyzidkum, you can find the gray monitor lizard - the largest lizard in the world. The Ustyurt reserve is the youngest and largest in the country. Here, twelve species of birds and animals living in the northern desert support the vital activity. They are included in the Red Book of Kazakhstan. Wild boar, dressing, gazelle, four-striped snake are subject to protection. Among the representatives of birds, the desert partridge, saker falcon, partridge, and black-bellied sandgrouse live here.

Nature and man

At first glance, a modern person, especially a city dweller, depends little on nature. It is surrounded by solid heated houses, factories and factories; transport moves on asphalt pavements; rivers are chained in granite; little greenery. Even in rural areas, plowed fields approach housing, and the forest sometimes turns blue only on the horizon ... But this is a deceptive impression. Everything around us: buildings and machines, food and consumer goods, raw materials on which we work, finally, the energy that a person consumes (be it muscle or mental energy or the energy that drives powerful machines) - all this people draw from the bins of nature. True, in the process of labor initial appearance, the composition and properties of many natural bodies and objects sometimes change beyond recognition. But even in a modified form, it is not difficult to establish that they are made from plant, animal or mineral raw materials.

The connection with nature in a cultivated field, cultivated plant or domestic animal is even clearer - man has changed relatively little of them, turning them into a manageable source of raw materials and food.

But nature for humans is not only a source of food and raw materials for industrial processing. Man - himself a part of nature - also needs a favorable living environment with clean water and air; in places of recreation with beautiful landscapes, among which mental and physical strength is especially well restored; in untouched hunting and tourism areas. Scientists consider it necessary to preserve all wild plants and animals as material for introduction into cultivation and domestication or hybridization. In addition, engineers find a lot in nature that they can transfer to technology. It is necessary to use nature in such a way that it does not lose all its useful and necessary qualities for a person.