Legal encyclopedia. The letter O

BASIS OF LEGAL STATUS OF PERSONALITY IN THE RUSSIAN FEDERATION

- fixed in the form of a special constitutional-legal

Institute, which refers to the totality of the norms of constitutional law of the Russian Federation, regulating relations arising from the definition of the place and role of man and citizen in society and the state, the nature of the individual's realization of their capabilities and their limits established by the state, regarding the protection and enforcement of these rights.

The constitutional and legal status of the individual is the same for all. They have:

1) citizens of the Russian Federation;

2) foreign citizens;

3) stateless persons (stateless persons). The content of the constitutional and legal status of the individual is the totality of the individual's rights and duties in relations with the Russian Federation.

The constitutional status of an individual consists of the rights and freedoms of the individual enshrined in the Constitution of the Russian Federation, as well as the individual's duties to the state.

The Russian Federation in order to respect and protect the rights and freedoms of the individual:

1) establishes in federal laws prohibitions on the violation of human and civil rights in any form, establishes measures of responsibility for violations in criminal, administrative, civil or other order;

2) provides economic, political, social and other conditions for the exercise of human and citizen rights and freedoms on the territory of the Russian Federation, regardless of gender, race, nationality or other characteristics.

Characteristic features of the fundamentals

Constitutional-right personality status in the Russian Federation:

1) constitutional rights and freedoms of the individual - the basis of state care and the entire system of law in the Russian Federation;

2) they have the highest legal force;

3) these rights and freedoms are subject to special protection by the state.

The Constitution of the Russian Federation regulates OPSL not in its entirety, but establishes only the foundations of this status. Therefore, the institution of the foundations of the constitutional and legal status of the individual is complex and includes norms not only of constitutional law, but also the norms of other branches of Russian law: the norms of family, civil, criminal, environmental and labor law.

Elements of the constitutional and legal status of the individual:

1) the rights and freedoms of man and citizen;

2) the principles of the constitutional status of the individual;

3) the presence or absence of Russian citizenship.

Constitutional rights, freedoms and duties of the individual are the basic element of the entire constitutional and legal status of a particular category of persons. In this case, the type of category is determined precisely by the scope of these rights and duties of the person.

The principles of the constitutional and legal status of the individual in the Russian Federation are the fundamental principles of all interaction between the Russian Federation and those who find lawfully on its territory.

Citizenship is a fundamental element of the constitutional and legal status of the individual, necessary for the person to possess all the exclusive civil rights, but at the same time imposes on the person a set of civil obligations to the Russian Federation.

Constitutional legal status of the individual assumes that it is provided by the state (including state coercion in case of violation of constitutional rights and freedoms of a person and citizen).