公民权利保障制度:宪法与部门细节

A. Metsger
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引用次数: 1

摘要

的相关性。这项研究是有关的,因为特别(法律或司法)保障的意义和目的是建立这种法律机构,为履行权利和义务提供法律手段,并保护公民的权利不受官员、政府机构和其他公民的侵犯。本文坚持对法律保障的传统科学分类,根据保障的功能对实施保障与保护人身安全保障进行了区分。目标。本文旨在研究公民权利的保障制度,并适当考虑其宪法和部门的具体情况。特别注意公民权利的一般保障,包括思想、经济、社会和政治因素,为在当前社会和国家的发展中实现公民权利和自由创造最佳条件和先决条件。方法。主要的研究方法是运用推演法,从宪法和分支两个方面对公民权利保障制度的法律性质和具体情况进行研究。本文运用了归纳法、比较法和历史法,以及系统的科学分析方法。要解决这一问题,必须考虑以现代俄罗斯为例的实现公民权利保障的法律基础和特征。结果。本文从理论上论证了俄罗斯联邦的人身权保障结构仍未得到解决。这篇文章的作者声称,有必要强调这种类型的组织保证。在研究人身安全保障的同时,学者们还需要考虑到这一权利属于人身权制度,其完整清单由俄罗斯联邦宪法确定。与此同时,确保个人权利和公民自由是包括内政机构在内的许多国家机构的一项重要任务。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
System of Guarantees of Civil Rights: Constitutional and Branch Specifics
Relevance. The study is relevant since the meaning and purpose of special (legal or juridical) guarantees is to establish such legal institutes that would provide legal means for the implementation of rights and duties, as well as protect the rights of citizens from violations by officials, government bodies and other citizens. Adhering to the traditional scientific classification of legal guarantees, the authors of the article distinguish between guarantees of implementing and guarantees of protecting personal security based on their functions. Objective. The article aims at studying the system of guarantees of civil rights with due regard to their constitutional and branch specifics. Special attention is paid to general guarantees of civil rights embracing ideological, economic, social and political factors that create the best conditions and prerequisites for the realization of civil rights and freedoms at the current development of society and state. Methods. The main research method was deduction used for studying the legal nature and specifics of the system of guarantees of civil rights with due regard to their constitutional and branch aspects. The authors of the article also used the inductive, comparative-legal and historical methods, as well as the method of systematic scientific analysis. To solve the task, it is necessary to consider the legal foundations and features of implementing guarantees of civil rights as exemplified by modern Russia. Results. The article proves that the structure of guarantees of personal rights in the Russian Federation still has not been resolved from the theoretical viewpoint. The authors of the article claim that it is necessary to highlight such a type as organizational guarantees. While studying guarantees of personal security, scholars also need to consider that this right belongs to the system of personal rights, whose full list is determined by the Constitution of the Russian Federation. At the same time, ensuring personal rights and civil freedoms is a significant task of many state structures, including internal affairs bodies.
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