Principles and content of the legal status of the individual. Principles of the legal status of the individual

The principles of legal status are the underlying, guiding principles, leading ideas and attitudes. These principles reflect the fundamental relationship between the state and the individual (if we are talking about the legal status of the individual) in connection with his place and role in society.

The principles of legal status are, in essence, ideological categories, and as such, they take shape in the minds of people and are embodied in their will.

Therefore, principles cannot exist and manifest themselves outside the conscious, volitional and purposeful activity of a person.

At the same time, these principles (like ideology in general) are not absolute, eternally given ideas. As social relations develop and the historical situation in society changes, these principles will inevitably undergo transformation.

All the principles underlying the legal status of an individual (as already noted, it is this status that we are mainly talking about) can be represented by the following system (L.D. Voevodin):

1. The constituency of all elements (institutions) of the foundations of the legal status of the individual.

The essence of this principle is that the status of a person and a citizen provides an incentive, a starting point for the development and specification of current sectoral legislation, which, in particular, organizes and regulates the mechanism for their implementation. For example, Article 8 (Part 2) of the Constitution of the Russian Federation fixes the provision according to which the main existing forms of ownership ensure the rights of various subjects, including individuals, to own, use and dispose of this property. This is the founding principle. It acts as the basis, the foundation for the formation of one of the leading comprehensive institutions of civil law - property rights. We can find this principle in other articles of the Basic Law of the country: Part 3 of Article 17, Part 1 of Article 55, Article 135, etc.

2. The inalienability and inalienability of the rights and freedoms of man and citizen.

The basis of any modern civilized legal system should be the philosophy of recognition of universal human values ​​as natural human rights, acquiring a generally civilized character in the course of historical development. These values ​​constitute the nature of the human personality, and their loss essentially turns out to be the destruction of the personality as such, the loss of the personality itself. Of course, all rights and freedoms without exception cannot be classified as inalienable and inalienable rights. We are talking about the most important, first of all, personal rights and freedoms, especially the right to life. This principle is found in Part 2 of Art. 17 of the Constitution, Art. 20,21,23, 24, 28, 34, 40,46-54, 55, etc.

3. Equality of man and citizen as a universal principle of the legal status of the individual.

Equality is a universal form of expression of legal balance, a combination of interests of individuals, individual social strata and population groups, as well as nationalities. Equality is one of the main manifestations of social equality of people.

In a broad sense, equality is the possession by every citizen of equal rights, freedoms and responsibilities established by current legislation with other citizens. Equality means that the state provides each member of society with equal legal opportunities with other members, that equal responsibilities arise from the law, and that the exercise of rights and responsibilities is ensured to him on an equal basis.

This principle of equality is written to the fullest extent in Part 2 of Article 6 of the Constitution of the Russian Federation: “Every citizen of the Russian Federation has on its territory all rights and freedoms and has equal opportunities provided for by the Constitution of the Russian Federation.”

The same principle is found in other provisions of the Basic Law: Art. Art. 5.8, 13, 14,19, 40, etc.

Equality under the Constitution of the Russian Federation is directly manifested in: -

equality of citizens regardless of social origin, property and official status, as well as occupation; -

equality of rights for all citizens, regardless of beliefs, ideological positions, membership in public organizations and political parties; -

equality of men and women; -

equality of rights regardless of nationality and language, religion and attitude to religion; -

equality of youth with all other citizens; -

equality before the law and the court. 4.

Humanistic orientation of the legal status of the individual.

The principle of humanism in relation to the legal status is written down in a condensed form in the Constitution of the Russian Federation: “Man, his rights and freedoms are the highest value” - as well as in Art. 21, 48, 49 - 51/54, etc.

5. General availability of rights and freedoms and immutability of responsibilities.

This principle found its most striking expression in Art. 32 of the Constitution of the Russian Federation. We are talking here, in particular, about advancing the principle of universality of voting rights. According to this principle, all citizens of the Russian Federation who have reached a certain age, regardless of any socio-political conditions, have the right to participate in the management of state affairs, to elect and be elected to government bodies and local self-government bodies, to have equal access to public service , the right to participate in a referendum and the administration of justice. In Art. Art. 37, 40, 41, 43, 59, etc. this principle also found its clear expression.

These are principles recognized and protected by law that form the foundation for the exercise of individual rights and freedoms and the fulfillment of responsibilities.

Principles of the legal status of man and citizen characterized by their versatility. The principles form the main features of the status of members of society, affecting all rights, freedoms and obligations, regardless of the legal branch they are regulated by.

An analysis of the principles of the legal status of a person and a citizen allows us to reveal their essence, which is reflected in the norms of the Constitution of Russia.

The 1993 Constitution establishes the following principles of the legal status of man and citizen.

Firstly,human rights, freedoms and responsibilities are implemented on the basis the principle of equality. This principle occupies a central place in characterizing the legal status of an individual. Article 19 of the Constitution specifies three main aspects of the principle of equality: equality of all before the law and the court, equality of rights and freedoms of man and citizen, equality of women and men.

Principle of equality is implemented regardless of gender, race, nationality, origin, language, status, property and official status, religion, beliefs and other circumstances.

The Constitution is considering principle of equality as a kind of equality of opportunity, and not as actual equality of powers.

However, state policy should aim to create conditions that will limit significant economic and social stratification of society.

Secondly,rights, freedoms and responsibilities of man and citizen based on principle of warranty.

This principle receives legal expression in different forms: as a general principle for the implementation of various human rights and freedoms, as specific guarantees for each right and each freedom separately.

As a general basis for the legal status of an individual, the principle of guarantee is reflected in the articles of the Constitution.

The constitutional enshrinement of the principle of guaranteeing human and civil rights and their status is further developed in current legislation, which affects all sectors.

The literature identifies the following types of guarantees: socio-economic, political and legal guarantees.

Socio-economic guarantees are formed in the presence of favorable material conditions that ensure the full implementation of human and civil rights and freedoms. Such conditions include: social stability, economic development, increasing the level of well-being of the population, development of social infrastructure, etc.

Political guarantees imply the focus of state policy on ensuring a decent standard of living and independent human development, the stability of political structures, a high level of political culture of the population and other political and organizational circumstances.

Legal guarantees are formed in legal means of implementation and protection of human rights and status. The consolidation of legal guarantees in the Constitution and legislation forms the legal basis for the functioning of the state mechanism, which creates opportunities for their implementation and ensures the restoration of violated rights and preservation of status. An additional guarantee is the active position of the subjects of law themselves in defending their rights and the availability of appropriate knowledge to protect them.

To ensure maximum protection of the legal status of the individual, fundamental legal guarantees are established at the constitutional level.

Constitutional legal guarantees are specified in criminal, criminal procedural, civil and other branches of law.

Third, legal status of the individual based on the principle of the presumption of inalienability of human and civil rights and freedoms and the inadmissibility of their restriction. This principle is based on the recognition of rights as inalienable and belonging to a person from the moment of birth.

The Constitution establishes that in Russia laws should not be created or promulgated that abolish or diminish the rights and freedoms of man and citizen, or violate the legal status of the individual.

The Constitution emphasizes that rights and freedoms are directly applicable, that is, they act as the basis for relevant legal regulations in various acts and decisions of judicial and government bodies.

In protecting the legal status of an individual, it is important to indicate that any regulations that affect the rights and obligations of a person and a citizen cannot be applied without official publication for general information.

However, the prohibition of restricting freedoms does not mean that there are no limits to their use. Limitation should be based on taking into account the generally accepted and natural rules and principles of human society.

Article 17 of the Constitution states that the implementation of human and civil rights and freedoms should not violate the powers of other persons.

Fourthly,legal status of the individual presupposes that each person has not only opportunities, but also responsibilities.

This universal principle is reflected in the fact that everyone has rights, but also in the fact that a number of rights are also responsibilities.

For example, the Constitution states that caring for children and raising them is an equal right and responsibility of parents. Article 59 states that the defense of the Fatherland is the duty and responsibility of a Russian citizen. Article 6 of the Constitution emphasizes that every citizen of the Russian Federation has all rights and freedoms on its territory, and also has equal responsibilities.

• Forward

The principles of the legal status of an individual are the most general, fundamental provisions on which the legislator relies in the process of regulating the legal status of a person and citizen. The principles of legal status, firstly, constitute its backbone, the basis on which all legal regulation of the legal status of a person and citizen is based, and secondly, they have a fairly flexible content that develops along with the development of the state Oganesyan S.M. Features of the constitutional and legal status of man and citizen in Russia // World of Legal Science. - 2012. - No. 5. - P. 29..

The principles of the legal status of a person and a citizen are enshrined in Chapter 2 of the Constitution of the Russian Federation (however, the Constitution of the Russian Federation itself does not contain the term “principle”). These principles are universal; all branches of law without exception should be based on them, which can, in addition to these principles, develop their own. The number of principles of the legal status of a person and a citizen considered by various authors is not the same Serebrova S.O. Fundamentals of the legal status of an individual in the European legal system // Law and State: Theory and Practice. - 2008. - No. 2. - P. 84; Elnazarov D.Kh. Some aspects of the relationship between the legal status of a person and the legal status of a citizen // Bulletin of the University. - 2011. - T. 1. - No. 2-32. - P. 18.. This is due both to the fact that their exact list is not in the Constitution of the Russian Federation, and to the fact that these principles are developed and supplemented in current legislation. However, as noted by L.D. Voevodin, “principles of legal status - ideological categories” Voevodin L.D. Legal status of the individual in Russia. - M.: Norma, 1997. - P. 58. Therefore, their list, content and meaning may change, even if the Constitution of the Russian Federation that enshrines them does not change.

The constitutional principles of the legal status of a person and citizen of Russia include the following.

• 1. The principle of humanism of the legal status of man and citizen. Article 2 of the Constitution of the Russian Federation established that a person, his rights and freedoms are the highest value. Recognition, observance and protection of human and civil rights and freedoms is the responsibility of the state. The special significance of this norm is emphasized by its location in the structure of the Constitution of the Russian Federation: it not only relates to Chapter 1 - “Fundamentals of the Constitutional System”, but is located in second place in it. The attribution of this principle to the foundations of the constitutional system changes the goals and objectives of the Russian state and brings the individual to the fore. The principle of humanism determines both the activities of the state and the content of regulatory legal acts, and the content of other human and civil rights. Thus, putting a person’s personality in the first place determines the placement of personal rights and freedoms in the first place in the Constitution of the Russian Federation, gives a different meaning to the principle of a social state, etc.
• 2. The principle of inalienability (inalienability) of the rights and freedoms of man and citizen (Part 2 of Article 17 of the Constitution of the Russian Federation). This principle is based on the theory of natural law, which is based on the postulate that every person is born free and, due to this, has from birth a set of inherent rights and freedoms. From this follows the principle of the primacy of human rights and freedoms in relation to other state legal institutions, including the institution of the state. The main goal of the state is to protect the interests of the people on its territory and to be an arbiter in disputes that arise between them. Hence the fundamental position of legal norms that establish the legal status of a person and a citizen in relation to other norms and institutions of constitutional law.

Also Art. 18 of the Constitution of the Russian Federation proclaims the principle of direct action of human and civil rights and freedoms. They determine the meaning, content and application of laws, the activities of the legislative and executive powers, local self-government and are ensured by justice.

• 3. The principle of independent exercise by a person of his rights and freedoms. The meaning of this principle lies in the refusal of the state and society from detailed regulation in the law of what a person can do, what positive actions he has the right to contain. The Constitution of the Russian Federation, on the contrary, establishes restrictions on a person’s freedom of action, fixing a list of those actions that he should not perform. The main criterion for determining the limits of this restriction are the requirements of “the need to protect the constitutional system, morality, health, legal rights and interests of other persons, to ensure the defense of the country and the security of the state” (Part 3 of Article 55 of the Constitution of the Russian Federation). In all other respects, a person is free in his actions, if at the same time he does not violate the legal rights and interests of other persons (Part 3 of Article 17 of the Constitution of the Russian Federation).
• 4. The principle of guaranteeing the rights and freedoms of man and citizen. The mere proclamation of the rights and freedoms of man and citizen, as the experience of our country, among others, shows, does not mean that they are actually vested in the subjects of legal relations. Real guarantees are needed that a person cannot be deprived of these rights and freedoms without legal grounds. The principle of guaranteeing the legal status of an individual is implemented in the activities of all government bodies, and for some of them it is fundamental, such as, for example, for the President of the Russian Federation, who, according to the Constitution of the Russian Federation, is the guarantor of the rights and freedoms of man and citizen (Article 80), and for the Commissioner for Human Rights, for whom this is the main activity. An important place in the system of bodies under the President of the Russian Federation that protects rights and freedoms is occupied by the Commission on Human Rights under the President of the Russian Federation. According to statistics, every month the Commission receives from 500 to 1000 requests from citizens, not counting requests from organizations and deputies. Official website of the Human Rights Commission under the President of the Russian Federation: http://www.h-rights.ru..

In addition, part 2 of Art. 45 of the Constitution of the Russian Federation has given everyone the right to defend their rights and freedoms by all means not prohibited by law.

Article 17 of the Constitution of the Russian Federation provides that in Russia the rights and freedoms of man and citizen are recognized and guaranteed in accordance with generally recognized principles and norms of international law and in accordance with the Constitution of the Russian Federation. Fundamental human rights and freedoms are inalienable and belong to everyone from birth. This guarantee is also stated in Part 2 of Art. 55 of the Constitution of the Russian Federation, which states that “in the Russian Federation no laws should be issued that abolish or diminish the rights and freedoms of man and citizen.”

Guarantees of individual rights are “various ways and forms of their provision, protection, protection” Lukovskaya D.I. Guarantees of individual rights // History of state and law. - 2007. - No. 16. - P. 23. Ensuring rights is the main goal of the legal systems of modern democratic states. By the nature and level of guarantee of rights, one can judge the real state of the legal system as such and in its relationship with the political, economic, cultural systems of Frantsiforova S.Yu. Legal guarantees of individual rights // Lawyer practice. - 2008. - No. 3. - P. 50.. Along with the general constitutional principle of guarantee, each subjective right, as a rule, is accompanied by its own system of guarantees, which creates a system for protecting the legal status of a person and citizen.

5. The principle of equality. In the Constitution of the Russian Federation, the concepts of “equality” and “equality” The term “equality” is legally more accurate, since it contains two principles at once: “equality” and “right”. Therefore, he does not indicate actual equality, but only equality of rights, equality before the law. See: Zumakulova Z.A. Equality as the basis of a social state” // Modern Humanitarian Research. - 2010. - No. 3. - P. 136. meet repeatedly, establishing important principles of relations both between people and between peoples and subjects of the Russian Federation. The content of this principle comes down not to the actual equality of people, which is practically impossible to achieve and is not necessary, but to the equality of all in the legal sense. The equality of the legal status of a person and a citizen cannot be confused with their social equality. Legal equality means that subjects have the same set of rights, freedoms, duties and responsibilities. This is equality of opportunity. Moreover, the state should help those who, due to various psychophysiological factors, cannot use their capabilities on equal terms with other people (the elderly, the disabled, children).

Article 19 of the Constitution of the Russian Federation proclaims that the state guarantees equality of rights and freedoms of man and citizen, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances. The principle of equality is actively protected by many international legal instruments, and as humanity develops into a list of forms of discrimination, Discrimination is interpreted by international instruments as any difference, exclusion, restriction or preference based on certain characteristics that have the purpose or effect of destroying or diminishing recognition, use or exercise on an equal basis of human rights and fundamental freedoms in political, economic, social, cultural or any other areas of public life. See: Sabitov R.A. Legal qualification of discrimination // Legal science and law enforcement practice. - 2012. - No. 1. - P. 71. More and more new circumstances are being added. Among the international legal acts one can, for example, mention the Convention on the Elimination of All Forms of Discrimination against Women (Concluded on December 18, 1979); International Convention on the Elimination of All Forms of Racial Discrimination (Concluded on December 21, 1965); Convention against Discrimination in Education (Concluded on 12/14/1960); etc. // SPS “Consultant-Plus” / http://www.consultant.ru/19.03.2013.. Establishing a closed list of grounds for discrimination - derogation of the rights and freedoms of man and citizen.

Of the number of possible grounds for discrimination, the Constitution of the Russian Federation particularly singles out discrimination based on gender. She is mentioned in Part 2 of Art. 19, as well as in part 3 of the same article, which reads: “Men and women have equal rights and freedoms and equal opportunities for their implementation.” This emphasis of the constitutional norm gives special importance to the equality of rights of men and women in Russia, although this problem is no longer acute for most democratic states of the world.

The content of the principle of equality includes one more aspect - the equality of everyone before the law and the court (Part 2 of Article 19 of the Constitution of the Russian Federation). The meaning of this provision is that the law applies equally to all citizens, giving them the same rights and creating the same responsibilities. This equally applies to the court, in which all individuals have the same rights and obligations, except in cases expressly provided for by law (incapacitated, partially capable, persons with diplomatic immunity, etc.).

The principle of equality is a recent achievement of the Russian state. Different legal statuses of classes existed in the Russian Empire; discrimination based on social origin was proclaimed by the Constitution of the RSFSR of 1918. In relation to the implementation of the principle of equality in modern Russia, B.S. Krylov notes: “Although the concept of human equality is only part of the concept of equality, and real equality is difficult to achieve in modern conditions, the Russian state, as a social state, always strives to reduce the gap between equality and equality and in its Constitution provides for measures aimed at this. In this regard, special attention should be paid, for example, to the norms contained in Art. 40, 41, 69, as well as in a number of other articles of the Constitution” Krylov B.S. Problems of equality and equality in Russian constitutional law // Journal of Russian Law. - 2002. - No. 11. - P. 46. Although, of course, it should be noted that most of the listed norms are declarative in nature. But the very establishment of this principle at the constitutional level is important for the development of the Russian legal system.

6. The principle of the relationship between the rights, freedoms and responsibilities of man and citizen.

This principle operates in constitutional law in several aspects. The first is the relationship between the rights and obligations of subjects of legal relations. If one party to a legal relationship (an individual or a state) has rights enshrined in law, then the other party fulfills certain obligations in relation to it, and vice versa. The second is as follows. For the normal development of society, it is necessary to carry out certain actions aimed at maintaining the well-being and protecting this society from unlawful attacks by individuals. Thus, each person bears responsibilities, the fulfillment of which is necessary for the normal development of society. The list of these responsibilities is enshrined both in the Constitution of the Russian Federation itself and in current legislation.

The presentation of principles in a certain order does not at all imply any established hierarchy. Each principle is an independent phenomenon that is important in the legal system. Only the implementation of these principles as a system can provide the necessary legal regulation of the rights and freedoms of man and citizen.

So, the foundations of the legal status of an individual are formed in the plane of society - state - individual. This predetermines the basic principles of the legal status of a person and a citizen. The implementation of these principles of the legal status of an individual requires appropriate legislative support and the participation of the rule of law in their guarantee and protection.

To characterize the legal status of an individual, not only the actual scope of rights and freedoms assigned to a person is important, but also those principles and principles on the basis of which their implementation is carried out.

The principles of the legal status of an individual are those principles recognized and protected by law and the state, on the basis of which the use of the rights and freedoms of man and citizen and the fulfillment of his duties are carried out. The principles under consideration are universal. They determine the main features of the status of all members of society and apply to all rights, freedoms and obligations without exception, regardless of what branch of law they are recorded.

The 1993 Constitution enshrines the following principles of the legal status of the individual, directly related to the initial principles of the concept of human rights established in the state:

1. The rights, freedoms and responsibilities of man and citizen are realized on the basis of equality. This is the main principle characterizing the legal status of an individual. In Art. 19 of the Constitution, its three main aspects are highlighted: equality of all before the law and the court; equality of rights and freedoms of man and citizen; equality of men and women.

2. The rights, freedoms and responsibilities of the individual are based on their guarantee. It is customary to distinguish between socio-economic, political and legal guarantees. Socio-economic guarantees presuppose an appropriate environment and material basis that ensure the use of rights and freedoms. This is social stability, a developing economy, appropriate production capacity, a wide infrastructure - a system of institutions that make it possible to serve all types of social needs of society, etc.

Political guarantees mean appropriately oriented state policy, its focus on creating conditions that ensure a decent life and free development of people; the stability of political structures, their ability to achieve civil consent, excluding destabilization in society; the fight against bureaucracy in the state apparatus, against bribery, and other political and organizational factors.

Legal guarantees cover all legal means of implementing and protecting the rights and freedoms of man and citizen. In order to maximize the protection of individual rights and freedoms, their fundamental legal guarantees are enshrined at the constitutional level. This kind of constitutional norms relate primarily to those relations that are associated with the possibility of the state applying coercive measures to a person, bringing him to justice, and significantly limiting his rights and freedoms by the state itself. The Constitution guarantees democratic principles of legal proceedings, humane treatment of persons brought to criminal or administrative liability imposed in court.

3. The legal status of an individual is based on the presumption of the inalienability of the rights and freedoms of man and citizen, and the inadmissibility of restricting rights and freedoms.

This principle follows from the recognition of rights and freedoms as inalienable and belonging to a person from birth. Part 2 of Article 55 of the Constitution stipulates that in the Russian Federation laws should not be issued that abolish or diminish the rights and freedoms of man and citizen. In addition to the prohibition on legislative restrictions on rights and freedoms, the Constitution establishes an important rule that they are directly applicable. This means that constitutional rights and freedoms are the basis of relevant legal regulations in acts of any level, and constitutional norms can directly be the basis for decisions of judicial and other government bodies.

But we must not forget that every person needs to lawfully use their rights and freedoms, without violating the requirements of the law and, above all, the Constitution. This follows from Article 17 of the Constitution, which provides that the exercise of human rights and freedoms of a citizen must not violate the rights and freedoms of others. In certain extreme situations, there may be an objective need for temporary restrictions on rights and freedoms.

The Constitution of the Russian Federation strictly stipulates the scope and procedure for such restrictions - the rights and freedoms of man and citizen can be limited by federal law only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, and ensure defense country and state security. (Part 3 of Article 55) Certain restrictions can be introduced with a mandatory indication of the limits and duration of their validity. In this case, the following are not subject to restrictions: the right to life, the right to protect personal dignity, the right to the inviolability of an honest life, personal and family secrets, protection of honor and good name, freedom of conscience, freedom of religion, the right to housing, a number of rights associated with various forms participation in legal proceedings, etc. (Article 56 of the Constitution of the Russian Federation).

4. The legal status of an individual is based on the possession by each person of not only rights, but also responsibilities. (we discussed this issue above).

The principles of the fundamentals of the legal status of an individual are a set of basic ideas on the basis of which the entire system of constitutional rights, freedoms and responsibilities of a person and citizen is built and the process of their implementation takes place.

The principles of the fundamentals of the legal status of an individual include:

The principle of equality (or legal equality);

The principle of inalienability of fundamental rights and freedoms;

The principle of direct action;

The principle of guaranteeing constitutional rights and freedoms;

The principle of public accessibility of normative legal acts establishing fundamental rights and freedoms

The principle of equality (or legal equality) means equal freedom of all members of society, an equal set of their legal opportunities.

He is the leader and determiner in the legal status of the individual.

This principle includes:

Equality of constitutional rights and freedoms regardless of actual differences between people;

Equality before the law;

Equality before the court;

Equality between men and women;

Equality in the social state.

The state, in accordance with the Constitution of the Russian Federation (Part 2 of Article 19), guarantees equality of rights and freedoms regardless of personal characteristics (gender, age, nationality, race) and social status (origin, property and official status, etc.). The Russian Constitution of the Russian Federation establishes an imperative ban on any form of restriction of the rights of citizens on the basis of social, racial, national, linguistic or religious affiliation (Part 2 of Article 19).

The principle of equality of constitutional rights and freedoms, regardless of actual differences between people, means, first of all, formal equality of opportunity, equal starting conditions for a person in society. Its content is aimed at preventing any privileges for individual citizens or groups of citizens, depending on various characteristics and circumstances.

The principle of equality before the law has independent meaning.

It means: a) a ban on establishing discriminatory measures in legislative acts (for example, establishing a rule according to which persons who do not know Russian are not allowed to trade in markets); b) the requirement of equal protection by law for everyone (the police must equally protect the rights of all citizens); c) ensuring the principle of equality in the formation and implementation of the entire system of national legislation.

The principle of equality before the law allows for certain exceptions. Thus, federal legislation establishes a special procedure for bringing to justice the President of the Russian Federation, deputies of the State Duma, members of the Federation Council of the Federal Assembly of the Russian Federation and other persons.

The principle of equality before the court means: a) equal access to justice; b) equal application of the law for everyone; c) equality of the parties

at the court hearing. Equality before the court is ensured by a number of provisions, for example, publicity, openness of legal proceedings, guarantees of impartiality of the court, etc. The principle of equal rights between men and women is highlighted as a separate constitutional principle. It does not mean actual gender equality. Moreover, according to Russian legislation, women have a larger set of social guarantees than men. This principle is aimed at preventing discrimination against women in the political and socio-economic spheres of life.

The principle of equality in a social state does not mean: establishing actual equality of rights and freedoms; absolute equality of rights and freedoms of members of society. A child and an adult cannot act on equal terms in society; healthy and disabled, etc. Therefore, this principle allows for formal inequality in the scope of rights and freedoms of citizens.

Taking this into account, the principle of equality is fully manifested in the equality of identical categories of citizens.

The principle of equality is closely related to the principle of justice. Firstly, this relationship is manifested in the fact that certain categories of citizens have a greater volume of social rights and guarantees (children, pensioners, disabled people, low-income people, large families, representatives of small nations, residents of the Far North regions, etc.). Secondly, state and, above all, judicial protection of rights and freedoms involves taking into account the ideas of social justice in ensuring the rights and freedoms of citizens. Thus, the Constitutional Court of the Russian Federation in its Resolution of January 29, 2004, when assessing the constitutionality of certain provisions of the Federal Law “On Labor Pensions,” indicated that the exclusion of the preferential procedure for calculating pensions violates the principle of legal justice.

The principle of inalienability of fundamental rights and freedoms (Part 2 of Article 17 of the Constitution of the Russian Federation) means the recognition by the state that natural rights and freedoms have a special position in the system of constitutional rights and freedoms: a) the state does not establish them, but only confirms the obligation to ensure them ; b) a certain priority of these rights and freedoms is established (an increased degree of protection of a number of natural rights and freedoms).

The principle of direct action means that a) constitutional rights and freedoms can be applied without the additional condition of specification in special legislative acts; b) the development and adoption of laws, the application of legislation, the activities of public authorities and their officials must correspond to the meaning and content of constitutional rights and freedoms.

The principle of guaranteeing constitutional rights and freedoms means: a) the duty of the state to protect rights and freedoms as the highest value of the constitutional system (Article 2); b) guarantee of rights and freedoms in accordance with generally recognized principles and norms of international law and the Constitution of the Russian Federation (Part 1 of Article 17); c) a ban on the publication of laws that abolish or diminish the rights and freedoms of man and citizen (Part 2 of Article 55); d) regulation of the conditions for restricting rights and freedoms (Part 3 of Article 55).

The guarantee of constitutional rights and freedoms also presupposes the provision of social and economic conditions for the implementation of these rights and freedoms.

The principle of public accessibility of normative legal acts establishing fundamental rights and freedoms. This principle means that any regulatory legal acts that affect the rights, freedoms and responsibilities of man and citizen cannot be applied unless they are officially published for public information (Part 3 of Article 15 of the Constitution of the Russian Federation).