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§1. Concept, features, system and the basic maintenance of individual rights and freedom of the person

The rights and freedom of the person in the modern state are one of the higher values, consolidating the various parties individual and social being. They have not only legal character, but also humanitarian, universal value, thus being a component of a legal status of the person in the state.

In a constitutional law definition of concept of the rights and freedom of the person is presented widely enough and многоаспектно1.

Generalising positions of scientists, it is represented, that human rights are the conventional possibilities guaranteed by the state defining competences of the person in sphere defined by the law. The concept of "human rights", unlike concept of "freedom of the person», specifies in a concrete direction or a sphere of activity of the individual. Freedom of the person are defined as the spheres of its activity limited for intervention of the state. By means of rules of law the state establishes limits in which frameworks the person has possibility either to operate, or to stay idle at own discretion and to a choice.

In the consolidated kind of the right and freedom of the person represent inaliennable, natural deaths and freedom which are established by constitutions of the states on the basis of the conventional international legal acts, socially significant and guaranteed possibilities of everyone it is independent, osoznanno, freely and responsibly

1 See: Lukasheva E.A. The person, the right, civilisations: is standard-valuable measurement. M: NORM, 2011. S.39-58; Lukovsky D.I.concept of human rights: variety of approaches. A problem of universality of human rights//state and right History. 2007. № 12. С.33; Rudinsky F.M.concept and the content of rights of the person: sb. Scientific articles of works jurid. Fak MGPU. Кн.3. The right and human rights / Under the editorship of E.N.Rahmanovoj. M: Logos, 2000. С.23; Golovistikova A.N., Grudtsyna L.JU.human right. M: eksmo, 2006. С.48; Voevodin L.D.legal the status of the person in Russia. M: Moscow State University Publishing house, Izdat. Group Infra of M - NORM, 1997. С.131и other

To define the behaviour, to create and use the material and spiritual blessings both in personal, and in public interests.

In a modern kind of the right and freedom of the person find fastening in international legal documents: the General Declaration of human rights accepted by General Assembly of the United Nations on December, 10th, 1948, the International pact about the civil and political rights of 1966, the International pact about the economic, social and cultural rights of 1966, the European convention on protection of human rights and fundamental freedoms from November, 4th, 1950, Reports to it, etc.

For today the list of the rights and freedom of the person, and also their maintenance, first, is defined by historical, cultural and religious traditions of a concrete society and the state, secondly, an international law level of development in whole and it implementatsiej in international сообщество1.

In a lawful state the individual is allocated with fundamental laws and

Freedom on a birth which are inaliennable.

They, as a rule, are fixed konstitutsionno and constitute a basis of a legal status of the person. Besides, the recognition of the rights and freedom is directed by the highest social value on formation of a legal status of the individual in a lawful state. The state duty is defined by the concrete form of expression of the basic content of rights and freedom, their recognition, observance and protection.

In a science and the educational literature on a constitutional law of the right and freedom of the person are classified on the various bases: under the status of the subject allocate the rights and freedom of the person and the right and freedom of the citizen; on character of the subject, the right carrier – the individual and collective rights and freedom; by origin – natural and positive; on the basis – base (cores) and the derivative (additional) rights and

1 Mjullerson R. A. Human rights: ideas, norms, a reality. M: JUrid. The literature, 1999. S.10-11; Umnov I.A.modern of the concept of human rights in international legal and constitutional measurements//the Ombudsman. 2012. № 2. С.6.

Freedom; under the maintenance – the personal, political, social and economic and spiritually-cultural rights and freedom of the person, etc.

On the basis of the maintenance of the General Declaration of human rights of 1948 and International pacts about the civil and political rights of 1966 and the economic, social and cultural rights of 1996 of the right and freedom of the person social rights and the rights in the field of culture are differentiated under their maintenance on civil, political, economic.

The modern domestic law is presented by similar classification depending on sphere of realisation of the right. The rights and freedom divide into groups of the personal (civil), political, social, economic and cultural (spiritually-cultural) rights and свобод1.

A number of domestic and foreign researchers consider important

To differentiate the personal (civil) rights and freedom to subgroups.

A.A.Mishin, investigating foreign experience, marks: «a Number of the American scientists-lawyers the rights and freedom on paramount, so-called essential, carrying to them group the rights to freedom, to equality, to citizenship, to fair criminal justice, to a vote, to a freedom of movement, expressions of opinions, conscience. The remained rights and freedom concern the second group of the minor or less essential rights and freedom» 2.

The classification spent by authors «the Big legal

The dictionary », in filosofsko-legal measurement divides human rights on absolute and relative. The given classification is based on International pacts about human rights of 1966. So, to group of the absolute powers and freedom named fundamental rights to limit which under any conditions it is not supposed, are carried: the rights

1 Ivanov G. I. Human rights / Red. M.F.Chudakov. M: the Business and educational literature, 2004. S.154-157; the Constitutional law of foreign countries / Under obshch. red. M.V.Baglaja, J.I.Lejbo, L.M.Entina. M: NORM, 2000. With. 97–113; Baglaj of the Russian Federation: the textbook for high schools. M: Norm, 2007. С.207; Kozlova E.I., Kutafin O. E. The Constitutional law of Russia. M: TK Velbi, Publishing house the Prospectus, 2007. With. 218–225; Umnova I.A., Aleshkova I.A.constitutional law of the Russian Federation. M: JUrajt, 2013. With 194–237, etc.

2 Mishin A.A.constitutional (state) right of foreign countries. – M: Joint-Stock Company Justitsinform, 2008. – S.54-55.

For a life, on protection of the honour and advantage, on inviolability of a private life, on personal and family secrets, the rights to a freedom of worship, a freedom of worship, the right to judicial protection, to justice and the laws of procedure connected with them is right not to be exposed to tortures, violence, other severe reference degrading human advantage or punishment. Other rights and freedom of the person are called as relative and in cases of special legal regimes can be suspended or limited on defined срок1.

Using others the basis and criteria, the rights and freedom is possible

To group: depending on degree of distribution of the right; proceeding from a category of the subject; on degree of participation of the state in their realisation, on an accessory of the concrete person to the state; proceeding from requirements of the person which can be satisfied by realisation of the rights, etc. It is necessary to be guided by process of expansion of the list of the rights and freedom, increase in their volume that testifies to development of system of the rights and freedom of the person so, and complication of their maintenance and structure today also.

The important line of the new approach to classification of the rights and freedom is the aspiration to pay special attention to maintenance and protection of the rights and freedom of the person. Thereupon there is a requirement for allocation of special group of the rights and freedom serving for maintenance of all other fundamental laws and personal freedoms.

So, S.A.Avakjan suggests to divide fundamental laws and freedom into following groups: group of individual rights and freedom; group publicly - political; group economic, groups social and cultural, and also group of the rights on protection of other rights and свобод2.

Classification in which basis the approach consolidating is put

Historical development, the maintenance and origin of the rights and freedom of the person, in a science it is accepted to name – generations of human rights.

1 Big legal dictionary / Under the editorship of A.J.Suhareva, V.D.Zorkina, V.E.Krutskih. M: INFRA TH, 1997. С.738.

2 Avakjan S.A.constitutional law of Russia: studies. A course: In 2 t. Т.1. M: JUrist, 2006. S.575-576.

The first generation is presented by the personal both political rights and freedom which have become by a gain of bourgeois revolutions. In practice of formation of the democratic states these rights and freedom have received for the first time the fastening and development, creating thus the state duty not to interfere with personal sphere of freedom.

The International pact maintenance about the civil and political rights of 1966 to the rights and freedom of the first category (the right of the first generation) the civil and political rights and freedom concern. Them name negative, i.e. defining independence of the person of the state power. Non-interference to area of "prirodno-sovereign self-expression of the person» is defined established by the state пределами1. They have absolute character and are carried out immediately, protect the individual from illegal and unfair actions from the state and can be protected in judicial порядке2.

In modern domestic jurisprudence the civil rights and

Freedom name, as a rule, individual rights and freedom.

The social and economic rights and freedom which have received fastening in the end XIX are carried to the second generation – the beginnings of the XX-th centuries which realisation is impossible without state participation.

The third generation of the rights is generated by global problems of mankind and an information epoch. Considering the concept of three generations of human rights, K.Vasak carries the collective rights in which basis solidarity of people is put to the third generation. These rights have got the name of the driver's licence of "solidarity". Their number includes the rights to the world, to development, to communications, to the general heritage of mankind, on healthy surrounding среду3. For the rights of the third generation feature

1 Komarov S.A., Usurers I.V. The person. The rights and freedom. Political system. SPb.: the legal literature, 2002. С.89.

2 Bahin S.V. About classification of the human rights proclaimed in international agreements//of News of High schools. Jurisprudence. 1991. № 2. С.43.

3 See: Vasak K A 30-year Struggle//UNESCO Courier. 1977. Nov. P. 19.

Collective character that attracts necessity of their collective realisation is.

It is considered, that the individual right can be carried out collectively, however, unlike the collective right, it can be realised and protected individually everyone. In turn, the collective rights cannot individually be carried out. One more essential difference, according to E.A.Lukashevoj, consists that the human rights are the natural death got from a birth, and the collective rights arise and receive the fastening in development of interests of a society or collective and are not естественными1.

Hardly it is possible to agree with it. It is thought, that thereupon

I.A.Umnovoj's believing point of view will be fair, that the rights of the third generation to which the rights to safety today are carried, the world, on healthy environment, on the information, possess the mixed, integrated nature expressed in ability, first, to act by a condition and a guarantee for other rights and freedom; secondly, to extend as on individual, and collective carriers права2.

Now scientists undertake attempts to allocate fourth,

The fifth and other generations of the rights which as a matter of fact are differentiation of the rights of the third generation opening in system of more concrete competences their sense and the maintenance.

The fourth generation of the rights – the rights in sphere of the information right and new technologies. S.I.Glushkov considers, that the legal regulation of the rights of this group will allow to define concepts of such rights and freedom, as information safety and safety of the information, information freedom and freedom of the information and other 3

O.J.Malinova states the point of view that is in the long term defined

1 Human rights / Otv. red. E.A.Lukasheva. M: NORM, 2009. С.151.

2 Umnovs I.A.Law. M: eksmo, 2010. С.137.

3 Glushkovs of S.I.human right and the citizen in a globalisation context//Legal system of Russia in the conditions of globalisation: the collection of materials of "a round table». M, 2005. С.46.

Development of the fifth and sixth generations of the rights человека1. Thus it will be possible to carry reproductive human rights to the fifth generation.

The list of the so-called "new" rights is mobile. It extends, including at the expense of transformation of individual rights and freedom of the person of the first generation, as their adaptation to threats and calls to mankind in present period. For example, at the expense of influence of globalisation, natural and technogenic cataclysms, scientific and technical progress.

It is necessary to notice, that many of the rights of the third, the fourth and the subsequent generations represent a concrete definition (differentiation) of individual rights and freedom of the person. For example, such rights, as the right to social protection, public health services, medical aid, safety and the world, healthy environment as really tangible blessings for everyone, the right to the information, the reproductive rights and others, are additional tools which provide effective realisation of the right to life. The common right on inviolability of person is the main constituting element of human rights on safety which can be defined as a condition of security of its vital interests. In a lawful state the common right on inviolability of person is expressed in warranting by the state of the right to freedom and safety, including bar of claim by lapse of time, the termination and punishment of encroachments on human life, its health, honour and advantage, the physical integrity and sexual freedom, a moral and individual personal freedom. The right to safety gives everyone possibilities to dispose of itself and at own discretion to define the site.

All rights and freedom are closely interconnected. Their classification is conditional, as separate kinds of the rights to the signs can be included in different groups simultaneously. So, for example, the right to freedom of thought and the right to a freedom of speech are simultaneously included and in group personal, and in group

1 See: Golovistikova A.N., Grudtsyna L.JU.decree. soch. With. 60.

The political rights, the right to a freedom of worship and creed as in group personal, and social rights.

Considering classification of the rights and freedom of the person, it is necessary to note, what exactly individual rights and freedom it is necessary to recognise right the initial legal beginning in system and freedom of the person.

Individual rights and freedom of the person, being a component of the general system of the rights and freedom of the person, mediate the most essential communication of the person and the state, reflect a legal status of the person, providing thus a life, individual safety and personal liberty.

The interdiction for illegal intervention of the state in private life, private interests guarantees a personal freedom in the state and is expressed in the constitutional fastening of individual rights and freedom. They are directed on protection of the person as biological beings and development of the human individuality allowing it to be considered by the person.

Individual rights and freedom unlike other groups of the rights and freedom define the person as the reasonable biosocial and psychophysiological being allocated with own consciousness, will, advantage, honour, and also the legal personality that does by its independent subject of law.

The constitutional fastening of individual rights and freedom means a recognition the state of the social importance of a life of each person, its personal liberty, possibility of a choice of various forms of self-realisation and self-determination of the person in private life.

For individual rights and freedom presence of mutual responsibility and the state, and the person is characteristic. The constitutional fastening of individual rights and freedom imposes on the state a duty of protection and protection of these rights, including rights to life, on an honour and dignity protection, on personal security. The person, in turn, using the given blessings, is obliged to commensurate the actions both with interests of other persons, and with public interests, not putting thus harm to the operating law and order. Such character of individual rights and freedom allows to exclude

An arbitrariness of any state bodies and officials and to establish particularly certain legal basis of mutual relations of the state and the person in personal liberty sphere.

In theory of law individual rights and freedom of the person are treated as in narrow, and wide senses. In wide understanding individual rights and freedom include all group of rights and personal freedoms (personal, political, cultural, social and economic), in narrow representation

– Natural deaths and freedom supporting an originality of the person and protecting from the illegal order by his life, intrusions into a private life, creations of threats to its freedom and safety.

L.I.Gluhareva considers, that individual rights and freedom characterise anthropological and individual aspects of human life. These natural it is by origin right, providing an originality and individuality of the person, generate guarantees from illegal intrusion into its personal and private life and do not depend from властей1.

E.A.Lukasheva notices, that the personal (civil) rights and freedom –

These are inaliennable, natural deaths and freedom of the person which belonging to it from the moment of a birth and has been not connected with an accessory to any state, do not mean citizenship presence, guarantee an autonomy and freedom of everyone and their appointment – to provide legal protection against any illegal influence on индивида2.

According to JU.L.Shulzhenko, personal freedom are right also describe sphere

Daily life of the individual, intrusion in which is considered inadmissible from other persons including public authority, except for special representatives of representatives of the last and only in cases, is perfectly in order and at observance of conditions, statutory, represent the base of a life and activity of the individual, creating for it a condition legal защищенности3.

1 Gluhareva L.I.human right. A humanitarian course: the manual. M: Logos, 2002. С.79.

2 Human rights. The decree. soch. С.153.

3 Constitutional law of Russia / Otv. red. JU.L.Shulzhenko. M: TK Velbi, Publishing house the Prospectus, 2007. С.146.

Generalising positions of scientists, the author of work defines, that the basic values taken as a principle of the maintenance of individual rights and freedom of the person, the life, honour, advantage, freedom, safety and inviolability of person of the person act. Proceeding from it, individual rights and freedom of the person are the inaliennable, natural, directly realised legal possibilities necessary for protection of his life and health, honour and the advantages individualising the person, guaranteeing freedom and safety, inviolability of person and persons predetermining a legal status in the state in relation to the law and order and the law.

The parity of concepts "individual right" and "personal liberty" is characterised first of all by that the term "personal liberty", not concretising result, defines the big possibilities of an individual choice. For example, the constitutional fastening of a freedom of worship, a freedom of worship, thought and word freedom. At the same time the term "individual right" defines concrete actions which are guaranteed or, on the contrary, are forbidden by the state. For example, it is rights to life, on advantage of the person, on safety, on inviolability of a private life, personal and family secret etc.

By constitutional law science it is not presented the uniform approach in formation of the list of individual rights and freedom of the person.

Designating a circle of individual rights and freedom, scientists state basically similar positions, distinctions are shown that traditionally recognised individual rights and freedom (rights to life and advantage of the person; on freedom and inviolability of person; inviolability private both home life; a freedom of movement and a residence choice; the inviolability of home) are supplemented with individual rights and freedom allocated since the period of their recognition by the Soviet constitutions (freedom of choice of a national identity and the right to using the native language; a freedom of worship). To such point of view adhere, in particular,

A.V.Malko1 and A.S.Avtonomov2.

E.A.Lukasheva adds to the specified list the right of defence of the honour and a reputation and the right to freedom мысли3.

The rights set forth above supplement E.I.Kozlova, O.E.Kutafin and M.V.Baglaj with the right to thought and word freedom, the right to a freedom of worship, the right to the information, the right of defence of honour and kind имени4.

I.A.Umnovoj in addition to traditional in system of individual rights and

Freedom are allocated also a freedom of worship and creeds; the right to the information; the right on state and the right on judicial protection of the rights and freedom; the right to reception of the qualified legal aid; on the presumption of innocence; on protection against crimes and damage indemnification; on protection against abusings of the power and compensation вреда5.

A.N.Golovistikova and L.J.Grudtsyna consider, that group of individual rights and

Freedom should be added by a presumption principle невиновности6.

According to S.A.Akakjana, the rights to a freedom of speech and thought freedom should not join in group of individual rights and свобод7.

L.I.Gluhareva offers a little differing list of individual rights and freedom, including not only rights to life, on advantage, on inviolability of person and freedom from bondage, violence, compulsions and slavery, but also the right to a private life, the right to the inviolability of home, the right to a name and honour, freedom of worship, creeds, introductions into marriage and creations of a family and т.д.8

In the list of individual rights and freedom also sometimes include the judicial

1 Constitutional law of Russia: the uchebno-methodical grant / Under obshch. red. A.V.Malko. M: Publishing house NORM, 2001. С.231.

2 avtonomov A.S.constitutional (state) right of foreign countries: the textbook. M: TK Velbi, Publishing house the Prospectus, 2005. С.119.

3 Human rights. The decree. soch. С.154.

4 See: Baglaj M.V.Ukaz. soch. С.207; Kozlova E.I., Kutafin O. E. The Constitutional law of Russia. M: the Prospectus, 2007. С.219–225.

5 Umnova I.A., Aleshkova I.A.decree. soch. With. 196.

6 Golovistikova A.N., Grudtsyna L.JU.decree. soch. С.108.

7 Avakjan S.A.decree. soch. S.576-577.

8 Gluhareva L.I.decree. soch. С.79.

Protection (the right to fair public trial in reasonable term independent and impartial court).

Interdictions are guarantees of personal and other kinds of the rights and freedom. In group of interdictions are included: interdictions for compulsion to define and specify the national identity, in compulsion to expression of the opinions and belief or to refusal of them, etc.

The list of the named rights steadily extends.

It is offered to include in a complex of individual rights and freedom today such rights, as: the right to abortion, the right to cloning, the right to transplantation of bodies and fabrics of the person, artificial reproduktirovanie and the right of independent realisation of the right on смерть1. These rights have especially personal (somatic) character. It is possible to allocate them in group of physical, spiritual (sincere) freedom of the person.

It is represented, that in system of individual rights and freedom it is possible to allocate fundamental laws and freedom, and also derivatives. The rights to transplantation of bodies and fabrics of the person, on abortion, on cloning, on artificial reproduktirovanie, on eftanaziju, etc. are derivative of the right to life as basic individual right.

The list of individual rights and freedom is supplemented for today fixed in constitutions of last decades with the right to safety, the right to the world, the right to healthy (favorable) environment, the right to the information.

At a sight of the author, to individual rights and freedom of the person it is necessary to carry the rights and freedom connected with protection of his life and health, honour and the advantages guaranteeing its safety, freedom and a personal immunity. This group concern: rights to life, on advantage of the person, on freedom and inviolability of person, on health protection, on safety, on the world, on inviolability of a private life, personal and

1 Kruss V. I. Personal ("somatic") human rights in the constitutional and filosofsko-legal measurement: to problem statement//the State and the right. 2000. № 10. С.43.

Family secret, on the information, on the privacy of correspondence, telephone, post, cable and other messages, on the inviolability of home, on a freedom of movement and a choice of a place of stay and a residence, on freedom of choice of the national identity and on using the native language, on a freedom of worship and creeds, on thought and word freedom.

The specified individual rights and freedom are basic for the majority of other rights and freedom, substantially define a legal status of the person, are directed on maintenance of freedom and an autonomy of the individual.

The important scientific and practical value has revealing of features and signs, characteristic for individual rights and freedom of the person which allow to open specific structure of the specified group of the rights.

According to A.V.Malko, the mission of individual rights and freedom consists in warranting of human life and maintenance of its protection against all forms and kinds of the violence degrading or cruel treatment, its individualization, creation of conditions for freedom, inviolability of person, inviolability private and home life, possibility of definition of due behaviour in borders moral, religious, historical, national and others отношений1.

The main destination of individual rights and freedom consists in

Maintenance of individual possibilities of each person. Only within the limits of a lawful state the individual owns freedom in all its various displays. Operating in the interests, the individual realises the right to an autonomy and self-organising, in parallel promoting progress in all spheres of a life and to growth of well-being and social activity of citizens. The author of work considers, that defining features of individual rights and freedom are:

1 Constitutional law of Russia: the uchebno-methodical grant / Under obshch. red. A.V.Malko. M: Publishing house NORM, 2001. With. 231.

First, conformity of these rights and freedom to the constitutional principles defining a legal status of the person in the state. Such principles concern: a principle of humanism, generality and inalienability of the rights and freedom, accessories from a birth, inadmissibility of their illegal restriction, equality of all before the law, direct action, garantirovannosti and securities the state, justice etc.;

Secondly, individual rights and freedom define a basis of a legal status of the person as a whole, and also underlie other rights in particular;

Thirdly, are fixed to each person and urged to provide existence of the person, its originality and an autonomy, are directed on protection against illegal intervention to private life and private world of the person;

Fourthly, are guaranteed by the state, are in a condition of direct using and define the major aspects of a legal status of the person, its relation to the law and order and legality;

Fifthly, an establishment of limits of action and possible restriction of the rights of this group, and also the mechanism of their protection.

Individual rights and freedom of the person can be estimated, using the is natural-legal approach which is based on idea of their natural origin and also to apply the positivistic approach which proves character of individual rights derivative of the state and freedom.

More often in the theory of human rights the natural are understood as individual rights and freedom.

According to I.A.Umnovoj (Konjuhovoj), individual rights and freedom have natural and inaliennable character, belong to everyone on a birth. To their number are carried: rights to life, on advantage of the person, on safety, on mental and physical inviolability, on freedom, on the property, on personal and family secret, etc. last decade in the list a number of the right of the "third" and "fourth" generations is added. For example, the right to death, the right to a pure environment, the right to usings culture achievements, the right to self-identification of the person

It is etc. established, that the state has not the right to alienate or grant individual rights and freedom standard актами1.

It is necessary to notice, that difference of the basic natural individual rights and freedom from the derivative right and freedom of the person is defined by impossibility of their alienability.

The derivative (got) rights and freedom of the person are based on the basic norms and principles of legal relations, first, between people, in - the second, between a society and the state that gives the chance to the individual to receive the certain blessings and to arrive at own discretion.

The nature of individual rights and freedom of the person is defined by the positivistic concept differently. The state, according to the specified concept, is a source of all human rights, defining a principal view, the maintenance, and also volume of these rights. In constitutions of the majority of the countries heads or the sections devoted to human rights are defined.

State duty to provide human rights for a life, on a personal immunity, on advantage, on dwellings etc. These rights allocate everyone the person on a birth, their protection is provided with the law.

Thus, the modern states, recognising naturally - legal concept of an origin of individual rights and freedom of the person, use their constitutional fastening, characteristic for the positivistic concept of human rights, thereby providing a guarantee and protection of individual rights and freedom at their infringement.

The parity of the individual is based on a combination of concepts natural and a positive law and collective has begun in individual rights and freedom. "Individual" and "collective" in the rights and freedom are not opposite categories, and are combined in individual rights and freedom of the person. By the nature of the rights it is defined, that the individual is put in pawn in

1 See: the Constitution of the Russian Federation: the scientifically-practical comment (article by article) / Under the editorship of JU.A.Dmitriev [the Electronic resource]//Computer help legal system the Adviser Plus: the Version of the Prof. an access Mode: www.consultant.ru; Umnov I.A.modern of the concept of human rights in international legal and constitutional measurements//the Ombudsman. 2012. № 2. С.7.

The person initially, and the state should provide realisation of the rights and freedom by means of the state institutes. However individuality is not quality invariable. The parity of the collective and individual beginnings defines mutual relation of the state and the person. Representatives of the individualistic doctrine approve, that within the limits of the law the individual is free in acts made by it. Representatives of the collectivist concept consider, that interests of the state and a society should define due behaviour and human rights.

Between the collective and individual rights there are no absolute borders. The collective rights uses not only all people, but also the persons concerning the given people – separately. Hence, it is obviously necessary to consider institute of individual rights and freedom, investigating their maintenance both from positions collective, and from positions of the individual beginnings.

Other important question, allowing to open the maintenance of a corresponding konstitutsionno-legal category, classification of individual rights and freedom of the person is.

By A.A.Mishina1's definition, individual rights and freedom it is possible conditionally

To mete on two subgroups: the rights and freedom providing protection of the person from encroachments from other persons, and the rights and freedom providing protection against a possible encroachment of the state.

The first not numerous group concern: rights to life, on freedom, on a personal immunity, the right to the resistance to the violence which arisen as prohibition of slavery and has received for today the actual and expanded maintenance. The rights of this group simultaneously include legal guarantees from wrongful acts as the states as a whole, and separate persons in particular.

The second group is presented by the rights to inviolability of person, to the inviolability of home, to inviolability of a private life, to secret

1 Mishin A.A.decree. soch. С.73.

Correspondence and telephone conversations, on a freedom of movement and choice of domicile, etc. These rights are fixed simultaneously with legal guarantees of protection of the individual from encroachments of the state and its bodies at direct realisation of these rights.

According to A.L.Anisimovoj1, the basis of classification of individual rights and

Freedom the way of their acquisition can serve.

It carries the rights to the first group and freedom got owing to a birth. Among them rights to life, on advantage of the person, on inviolability of person, on honour and a reputation, on business reputation, on inviolability of a private life, on personal and family secret. These rights are got on a birth, protected at their infringement irrespective of level of their legal regulation.

The second group includes the rights and freedom got owing to the special law. To it carry: the rights to a freedom of movement, to a choice of a place of stay and a residence, on a name and other personal non-property rights. They are rights of concrete legal relation and by that are already settled by rules of law.

Under the maintenance individual rights and freedom of the person fixed in the legislation of the foreign states, it is possible to divide into following groups:

– The rights guaranteeing maintenance of personal liberty and private life of the person: rights to life, on safety, is right not to be in serfdom and not to contain in slavery, on a personal immunity, on judicial protection, on fair proceeding, is right not to be exposed to tortures or the reference severe, brutal or degrading advantage and punishment, on respect personal and home life, on a freedom of movement and freedom of choice of a residence, the right to search for a refuge from prosecution in other countries and to use it

1 Anisimov A.L.civil-law protection of honour, advantage and business reputation under the legislation of the Russian Federation: the manual. M: a Vlados-press, 2001. S.29-30.

Refuge, etc.;

– The rights guaranteeing maintenance of freedom of consciousness: the right to freedom of thought, conscience, creed, the right to free expression of own opinions and belief, the right to search, a choice and distribution of the information, etc.;

– The rights guaranteeing protection of a family and marriage: the right to the voluntary introduction into marriage and creation of a family on the basis of a principle of equality, the right of defence of a family from the state and a society, etc.

From the point of view of protection of the basic objects individual rights and freedom are meted on the rights:

– Providing protection of physical and mental inviolability: rights to life, on freedom and inviolability of person etc.;

– Providing protection of moral values: the rights to honour, advantage and a reputation, on a freedom of worship and creeds, on thought and word freedom, etc.;

– Personal freedoms providing protection: the rights to inviolability of a private life, to the inviolability of home, to personal and family secret, to secret of telephone conversations, to the privacy of correspondence, post, cable and other messages, the right to define the nationality, the right to using the native language, to a free choice of language of dialogue, the right to a freedom of movement and a residence and residence choice.

On legal nature individual rights and freedom of the person can be divided into the cores fixed by international legal certificates and constitutions of the states and underlying legal status of the person, both derivative (additional) individual rights and freedom.

So, the group of the basic individual rights and freedom is presented: rights to life, on protection by the law and court, on protection of honour, advantage and a reputation, on freedom and a personal immunity, the right not to be exposed

To tortures or the reference severe, brutal or degrading advantage and punishment, the common right on respect personal and home life, dwelling and the correspondence, the rights to free movement and choice of domicile, to freedom of thought, conscience, creed, on free expression of the opinions, belief, etc.

The group of derivative individual rights and freedom develops, supplements and concretises fundamental laws. Into it enter: the right to death, the right to abortion, the right to cloning of bodies, the right to a reproduction as derivative rights for a life etc.

Individual rights and freedom also can be differentiated on two groups: exclusively personal and personal with the mixed nature. It is considered to be exclusively individual rights and freedom the right to life, the right to freedom and inviolability of person, the right to inviolability of a private life, personal family secret, protection of the honour and a reputation, etc.

Individual rights and freedom with the mixed nature contain a number of the additional features which are characteristic for the rights and freedom of the person of other classification groups., For example, it is possible to carry a freedom of speech to this group, the right to the information, the right of use of the abilities, the right of use of achievements of culture, the right voluntary to marry and base a family, the common right for a worthy life, the right to safety, a right to health protection, etc.

Being based on requirements of the person, a society and the state, the system of individual rights and freedom continues to extend and be filled. It causes necessity of the further development konstitutsionno - legal regulation of individual rights and freedom and the constitutional fastening of such guarantees which would allow to provide necessary protection of personal liberty and individual safety of everyone.

Use as legallistic approach, and obshchesotsialnogo at the analysis of individual rights and freedom gives the chance to open the concrete maintenance of each of individual rights and freedom in

Separateness, considerably expanding and enriching thus their basic maintenance.

In system of individual rights and freedom of the person a fundamental law – the right to life. Other individual rights and freedom admit derivative of the right to life, the right got by the person from the moment of a birth.

Scientific definition of the right to life in international legal certificates and constitutions of the majority of the states of the world is not resulted, and the maintenance of this right is reduced to restriction of application of a death penalty.

According to S.A.Avakjana, the right to life maintenance includes its obligatory constitutional fastening, protection and protection by the state, is defined by the right to physical existence and closely connected with an interdiction of any deprivation of life of the person, however supposing as a punishment extreme measure for the committed crime – mortal казнь1.

A.N.Golovistikova and L.J.Grudtsyna consider, that eligibility on

The life gives the chance for realisation of all other rights and freedom. If there is a threat to life of the person lose sense all other rights and freedom личности2.

M.N.Maleina notices, that at the heart of the right to life possibility to dispose of a life, i.e. the right to keep a life (individuality) or the right to subject to considerable risks (for example to work as the employee of law-enforcement bodies, the pilot, etc.), and also the right to decision-making on the termination or life continuation (the right on evtanaziju, suicide, death penalty application) 3 lays.

A.M.Zajtseva understands realisation possibility as the right to life

Three components entering into it. The right to life can be presented as the right to biological existence of the person, as human rights on a worthy standard of living and as the right to its freedom in spiritual development. The right to a worthy life is often considered on the basis of its analysis

1 Avakjan S.A.decree. soch. With. 577–578.

2 Golovistikova A.N., Grudtsyna L.JU.decree.soch. С.113.

3 Maleina M. N. About the right to life//the State and the right. 1992. № 2. S.54-55.

Components: the rights to a worthy standard of living and the right to freedom spiritual развития1.

The right to biological existence obshchepriznanno also underlies the right to life fixed practically in all constitutions of foreign countries and key international legal acts. In item 3 of the General Declaration of human rights of 1948 the common right of the person for a life, on freedom and on personal неприкосновенность2 is proclaimed. In the international pact about the civil and political rights of 1966 it is established: «the Right to life is an inalienable law of each person. This right is protected by the law. Nobody can be any way deprived a life» (ch. 3 items 6) 3.

Fair the point of view of I.A.Umnovoj is represented,

Approving, that in modern conditions in a right to life basis should be put not only protection against traditional calls and threats, but also protection against latent threats, that is creation of conditions for quality жизни4. Thus, the new right – the right to the quality of a life derivative of the right to life is formed.

The right to a worthy standard of living as a fundamental law component for a life the occurrence concerns the end of XIX century, however standard fastening is the right has got not in all states.

The similar situation is applicable to the right to the free spiritual development, not having for today of the conventional character. Fixing an interdiction for intervention of the state and other persons in spiritual and private world of the person, legislatively admits necessity of the reasonable state control for information sphere.

The right to life characteristic, under A.M.Zajtsevoj's statement, is based that the specified structural elements of this right are

1 Zajtseva A.M.right: structure and the nature//the Constitutional and municipal right. 2007. № 12. С.9–14.

2 General Declaration of human rights from December, 10th, 1948 M: Prior, 2003. С.3.

3 Bulletin of the Supreme Court of the Russian Federation. 1994. № 12.

4 Umnovs I.A.safety inhabitancies and a sustainable development – global problems of the XXI-st century. A situation estimation in the post-Soviet territory countries//Science and education; an economy and economy; business and the right; the right and management. 2012. № 9 (28). С.27.

Personal, natural правами1. It is necessary to notice, that not only three named, and all structural elements of the right to life are naturally - legal by the nature.

Inalienability, prirozhdennost and equality are defining signs, characteristic for the right to life as natural death. The majority of the Russian scientists, such as E.A.Lukasheva, O.E.Kutafin, E.I.Kozlova, M.V.Baglaj2, similar opinions that the right to life, being the base right for realisation of other rights and freedom, in a broad sense is fundamental and natural express.

In any legal social state human life is the highest value. The right to life is guaranteed by all international legal acts about the rights and freedom of the person, and also the majority of constitutions of the countries of the world the integral possibility not to be deprived of a life. Declaration in the constitution of the country of the right to life generates a state duty to provide its protection and protection.

The right to advantage of the person also is one of the basic individual rights and freedom of the person. Sections begin with concept «advantage of the person» and heads about the rights and freedom in constitutions of last decade and the international documents. In the International pact preamble about the civil and political rights of 1966 it is established, that in a basis of the civil and political rights advantage inherent in the human person is necessary.

The right to advantage is inherent in each person without dependence from its accessory to social groups or categories. Rich and poor, legislative citizens and the criminals healthy and sick (including invalids, incapacitated, insane persons) – absolutely all have the right to respect of the human advantage including freedom in a choice

1 Zajtseva A.M.decree. soch. S.9-14.

2 See: Human rights. The decree. soch. С.154; Kozlova E.I., Kutafin O. E. The decree. soch. С.259; Baglaj M.V.Ukaz. soch. С.207.

Way of life, refusal of slavery and other forms of compulsion.

In a constitutional law the concept "advantage" is defined through comprehension by the individual of its concrete social value and can be considered as value of mankind as a whole, everyone in частности1.

According to A.L.Anisimovoj2, under advantage of the person it is understood

Self-estimation the person of own qualities, abilities, outlooks, the behaviour, public value.

The right to respect and duty to respect others, according to M.V.Baglaja, open the maintenance of the right to advantage личности3.

Defining concept of the right to advantage, E.A.Lukasheva specifies in the basic components of this right: the right to self-esteem, the right to respect and a fair estimation of the person others лицами4.

Thus, advantage should be defined as presence of the personal qualities shown as result of a self-estimation of the person (the subjective party of concept "advantage"), and reputations in a society (the objective party of concept "advantage"). Advantage assumes presence at the person of moral and intellectual qualities of the person which correspond to the moral values accepted in the given society.

The right to advantage as the right of the general character, includes the right to honour, reputation and a reputation and the right to their protection. Legal character of the maintenance of the right to advantage is based on morally-ethical standards and is connected with made socially significant acts of the person.

In jurisprudence, for example A.L.Anisimovoj, the concept of honour is presented as a public estimation of the person, in the form of a certain measure of spiritual and social qualities гражданина5.

1 Paladev M. A. The Constitutional law of the person on honour and advantage: the bases, maintenances, protection: dis. … kand. jurid. Sciences. Samara, 2006. С.41.

2 Anisimovs A.L.decree. soch. С.9.

3 Baglaj M.V.Ukaz. soch. С.211.

4 Human rights. The decree. soch. С.155.

5 Anisimovs A.L.decree. soch. С.9.

The business reputation of the citizen is defined by level of its qualification and the professional work characteristic. Concept honour and advantage inseparably linked, in their basis the general moral criterion is put. Difference is shown that honour is socially significant estimation of the person, and advantage is considered as a self-estimation of the person.

Realisation of the right to life and the right to advantage of the person is impossible without guarantees of realisation of the right to inviolability of person and personal liberty.

The right to freedom and the right to inviolability of person – the basic human rights which are received by it on a birth and giving the chance to it on fulfilment of actions within the limits of the operating law and order and legality.

In a constitutional law the concept "freedom" can be used in a broad sense, expressing thus the individual freedom embodied in all system of the rights and freedom of the person, and in narrow sense, as physical freedom of the individual, to which it is possible to limit (detention, arrest) 1.

S.A.Avakjan notices, that freedom of the person added with the right on

Inviolability of person, there is both intellectual, and physical freedom simultaneously. Intellectual freedom should be considered as the right to an internal inner world, as the right to personal outlook. Physical freedom and inviolability can be treated as an interdiction for restriction of actions and a freedom of movement of the person, except for the cases specified in законе2.

M.P.Avdeenkova and JU.A.Dmitriev among individual rights and freedom especially

Allocate group of the individual rights consolidated by the general name «the right to physical freedom», including some the subjective private rights: the right to life, the right to inviolability of person, the right to bar of claim by lapse of time of causing of corporal hurts, rights of defence from tortures,

1 Golovistikova A.N., Grudtsyna L.JU.decree. soch. С.116.

2 Avakjan S.A.decree. soch. With. 580–581.

The violence, the unseemly reference degrading human достоинство1. Appointment of the specified rights – protection of physical inviolability of the person.

According to E.A.Lukashevoj, the right to freedom and inviolability of person is possibility independently to define the way of life, fields of activity, to dispose of time and собой2.

Thus, the right to freedom and inviolability of person establishes an interdiction for intrusion into area of an individual personal freedom and consists of physical inviolability (human life and its health), moral inviolability (honour, advantage) and mental inviolability (the right to have itself and not to be subjected to illegal compulsion).

Constitutions of last two decades instead of the right to freedom and inviolability of person quite often fix the right to freedom and safety (on freedom and personal security). Last decade in acts of some the states there was a concept of physical safety (safety of physical persons). So, for example, item 5 of the Federal act of the Russian Federation «About counteraction to terrorism» defines the competence of authorities on maintenance of safety physical лиц3.

The concept of safety of the person is defined by I.A.Umnovoj and

S.P.popovoj as a condition of security from certain dangers (calls) and threats or as absence or low level of risks for the subject (subjects) public отношений4.

A.V.Stremouhova's position according to which personal security develops of such kinds as is worthy: individual freedom of the person, physical (corporal) inviolability, moral

1 Avdeenkova M. P, Dmitriev JU.A.right on physical freedom//the State and the right. 2005. № 3. С.13.

2 Human rights. The decree. soch. S.156-157.

3 Federal act from March, 06th, 2006 № 35-FZ «About counteraction to terrorism»//SZ the Russian Federation. 2006. № 11. Item 1146.

4 Umnova I.A., popova S.P.safety of the person as object of a legal protection: a place among other kinds of safety and a legal regulation condition during the modern period//the Right and safety. 2011. № 2. С.96.

Inviolability and mental неприкосновенность1.

As marked N.V.Vitruk, for today has ripened requirement for the working out of the theory of personal security of citizens which is not reduced to a set only of traditional institutes (protection from false arrests and arrests, illegal searches etc.) 2.

The author of work agrees with a position of scientists which consider, that personal security in modern conditions should include the various kinds of safety reflecting the different parties of human life: legal safety (for example, from illegal intervention of law enforcement bodies, officials in private life of citizens); medical safety (for example, from an incompetent and illegal premise in psychiatric hospitals for compulsory medical treatment, from infections, for example, AIDS, a hepatitis, preservation of medical secret etc.); ecological safety (for example, from radiation, a various sort of radiations, noise, vibration, influence of the poisonous substances selectively operating on a human body); intimate safety (for example, from inconsiderate intervention of the state in the given sphere of human life under the pretext of protection of interests of other persons), etc.

The right to freedom and inviolability of person has the consolidated character, i.e. reveals through other, more private rights and freedom.

One of displays of individual freedom is the private life. Everyone has the right to inviolability of a private life, personal and family secret.

The legal maintenance of a category «a private life» in a constitutional law science is presented ambiguously as the legislation cannot interfere in area of "a private life». The right

1 Stremouhov A.V.legal protection of the person. M: Norm, 2006. С.151.

2 Vitruk N.V.decree. soch. С.286.

Limits of an admissibility of intervention and inviolability are defined only.

According to E.A.Lukashevoj, the right to a private life is given to the person and the possibilities of the control guaranteed by the state behind the information on and possibility to interfere with disclosure of data personal, intimate характера1.

The private life, considers I.V.Smolkova, – supervised by the person

The area protected from external influence, consisting of physical and spiritual components and obrazuemaja the relations arising between people, defined psychological aspects, norms of morals and morals, instead of законом2.

V.L.Suhoverskim a private life is presented by circle of relations and

The acts of the person directed on satisfaction of requirements of the individual by various means and the ways, not having the social importance.

The private life, according to the author of work, is a sphere of existence of the person which is presented by relations, the acts directed on satisfaction of requirements of the individual, characteristic for its way of life. Into it enter: data on private life, a family and intimate life, the information on a financial position, on a state of health, and also any other information protected from illegal disclosure.

As a private life protection is come under by not certain kind of actions, and sphere which any circumstances and the actions which maintenance the person does not wish to do by property of others concern.

The right to inviolability of a private life is closely connected with the right to personal and family secrets though it is not settled by them as includes also data which the person does not hide.

Concepts of family and personal secret are in many respects similar. Differences are presented by an accessory to a certain circle of persons. The maintenance

1 Human rights: the textbook for high schools / Otv. red. E.A.Lukasheva. M: NORM, 2009. С.157.

2 Smolkova I.V.legal protection of inviolability of a private (personal) life of citizens//the Person and a society. 1997. № 6. С.128.

Personal and family secret represents the data undesirable to disclosure (for example, secret of the will, adoption, the medical diagnosis, the monetary contribution, diary records) 1.

B.N.topornin considered, that the personal secret is defined by the personal right on a choice of the behaviour in a society and possibility independently it to define a circle of persons and volume of the information which will constitute secret, and also possibility to demand observance of these rights from the third лиц2. The personal secret represents the information which is entrusted nobody or the authorised representatives who are carrying out the professional duties (the notary, the doctor, the lawyer, the priest).

The family secret, according to A.N.Golovistikovoj and L.J.Grudtsynoj, represents the law of persons, consolidated by family ties, on concealing of the facts connected with behaviour of members семьи3. The similar point of view is stated also by V.V. Lazarev4.

It is necessary to notice, that at a family can simultaneously be present both family secret, and personal secret of separate members of a family. Family and personal secrets can separately coincide or exist in a number of circumstances. The accurate border between concepts of family and personal secret does not exist, and the concrete definition of these concepts can be carried out the branch legislation and pravoprimenitelnoj practice.

Thus, the author notices, that the right to personal secret and the right to family secret are natural deaths of the individual, are got from the moment of a birth and their appointment is protection of interests and inviolability of private world of the person. The discriminating characteristic of these rights is definition not borders of realisation of these rights, and definition of limits of intrusion of the third parties in the personal sphere designated by the individual.

1 Human rights: the textbook for high schools / Otv. red. E.A.Lukasheva. M: NORM, 2009. С.158.

2 Comments to the Constitution of the Russian Federation / Under the editorship of B.N.topornina. M: the Lawyer, 1997. С.202.

3 Golovistikova A.N., Grudtsyna L.JU.decree. soch. С.124.

4 Scientifically-practical comment to the Constitution of the Russian Federation / Otv. red. V.V. Lazarev. M: Spark, 2001. С.123.

The right to a private life is closely connected with the right to the privacy of correspondence, telephone conversations, the post, cable and other messages which restriction is admissible only on the basis of a judgement.

The important constituting private sphere the control over the information (item 12 of the General Declaration of human rights is; International pact item 17 about the civil and political rights; item 8 of the European Convention). Protection is come under only by secrets, i.e. the information which at will of the persons mentioned in it should not be divulged outside of family or private sphere.

In a modern science the increasing urgency is got by the information form of expression of a private life. In information sense the right to inviolability of a private life is treated as inviolability of the personal information or any confidential informations which should not be made public.

According to I.A.Umnovoj (Konjuhovoj), the major individual right is the right on информацию1. The Same point of view adhere to A.N.Golovistikova and L.J.Grudtsyna2.

As the individual right, the right to the information on the sense is the right to information freedom, i.e. is right to be engaged freely in search, reception, transfer, manufacture and information distribution, and also – the right to the safe information.

Some authors, such as S.A.Avakjan3, A.V.Malko4, M.V.Baglaj5,

E.A.Lukasheva6, define the right to the information as the political right. However realisation of the specified right is focused not only on achievement of political ends and interests. In practice they can be material,

1 Constitution of the Russian Federation: the scientifically-practical comment (article by article) / Under the editorship of JU.A.Dmitriev [the Electronic resource]//Computer help legal system the Adviser Plus: the Version of the Prof. an access Mode: www.consultant.ru

2 Golovistikova A.N., Grudtsyna L.JU.decree. soch. С.145.

3 Avakjan S.A.decree. soch. С.616.

4 Constitutional law of Russia: the uchebno-methodical grant / Under obshch. red. A.V.Malko. M: NORM, 2001. С.232.

5 Baglaj M.V.Ukaz. soch. С.241.

6 Human rights. The decree. soch. С.172.

Spiritual, physiological, etc. For example, the common right on a trustworthy information about a condition of a surrounding environment is the concretised form of the right to the information.

Thus, the right to the information inherently is the individual right. Reference of this right to individual rights and freedom is defined by that it is directly connected with the person of the owner, inaliennably and belongs to each person from a birth. The political orientation of this right arises in a context of freedom of the mass information which can be the important political tool.

Component of the rights to a private life, on personal liberty and advantage of the person the right to the inviolability of home is. The constitutional principle of the inviolability of home defines an interdiction for occurrence in it against the will of persons living in it.

The right to a freedom of movement and the residence option, according to E.A.Lukashevoj1, is one of defining elements of freedom of self-determination of the person.

Any person who is in territory of any state it is lawful, is the subject of law on a freedom of movement. Finding possibility in the chosen place, its visiting or a choice as a residence is a subject of a freedom of movement.

The group of individual rights and freedom also includes the common right on definition and the instructions of the nationality. Fixed konstitutsionno, the specified right represents possibility to everyone on assimilation freedom in inonatsionalnoj to environment which on a way of life and language became native.

Sights of scientists, such as, for example, S.A.Avakjan, E.A.Lukasheva, L.A.Okunkov, A.N.Golovistikova, L.J.Grudtsyna and others, coincide in

1 Human rights. The decree. soch. With. 163.

The relation of definition of concept national принадлежности1.

In the generalised variant the national identity is an accessory of the person to the certain ethnic group characterised by a generality of language, a generality of culture, traditions, customs, a way of life. Freedom of choice of the nationality is a common right of the individual. From the state interdictions for compulsion to such choice should be entered. The insult of national advantage Is forbidden. The accessory to defined a nationality cannot be the basis for restriction of the rights of the individual, and also the basis of granting of side benefits and privileges. The state guarantees equality of the rights and freedom of the person and the citizen irrespective of a national identity and language.

According to L.L.Belomestnyh, language is the major element of culture, the basic form of display of the national and personal consciousness, therefore everyone has the right to using the native language, on a free choice of language of dialogue, education, training and творчества2.

Actually the option of language of dialogue defines

Possibility of the person on freedom of the ethnic self-determination realised through a choice of own cultural identity and possibility to realise the requirements and interests, characteristic for an ethnic accessory.

Spiritual value of the person is provided with the right to a freedom of worship and creeds.

The freedom of worship and creeds, concerning personal liberty, owing to the nature simultaneously represents one of versions of spiritual freedom. Possibility of realisation of a freedom of worship and creed in the state is directed on creation of conditions for spiritual development of the person, formation of its person.

1 See: Avakjan S.A.decree. soch. С.593; human rights: the textbook for high schools / Otv. red. E.A.Lukasheva. M: NORM, 2009. С.161; the comment to the Constitution of the Russian Federation / Under the editorship of L.A.Okunkova. M: JUrist, 2002. С.186; Golovistikova A.N., Grudtsyna L.JU.decree. soch. С.145.

2 Belomestnyh L.L.human right and their protection. In 3т. Т.1. M: Akad. Economy, the finance and the right, 2003. С.594.

S.A.Avakjan defines a freedom of worship as freedom morally - ethical views of the person, and a freedom of worship – as possibility to trust in existence divine the beings, helping to define a true way and to save from bad поступков1.

The freedom of worship in narrow sense means the relation of the person to

To belief and religion. The freedom of worship is in a close connection with a freedom of worship and represents possibility to adhere in the belief of this or that belief. Allocation of this constituting freedom of worship is connected with historically developed variety of religions on state territory.

The concept of conscience includes in the maintenance certain sincere property of the concrete individual, to it belonging irrespective of, existence of the God admits the person or is denied, consisting of good and harm categories. Hence, the wide understanding of a freedom of worship is a recognition the state of presence of variety of world outlook belief and positions in a society which include the relation of the person to religious, moral values, a policy, ideologies, a science, culture etc.

E.A.Lukasheva considers, that the freedom of worship is not only individual right, but also the collective right as which subjects can act not only concrete people, but also the organisations religious характера2.

The freedom of worship is defined by L.L.Belomestnyh a protection frame of the citizen from influence of materialistic, idealistic and other doctrines. A source of a freedom of worship is allocated with feelings, reason and will the human nature allowing the individual to define the personal perception and the relation to the information, received извне3.

The rights to thought and word freedom also are the major

1 Avakjan S.A.decree. soch. С.607.

2 Human rights. The decree. soch. С.166.

3 Belomestnyh L.L.decree. soch. With. 618.

Constitutional laws.

The thought, belief, opinion of the person form sphere of internal human life, intrusion in which without its consent is impossible.

Fixed konstitutsionno the right to freedom of thought and a word guarantees, that nobody can be forced to expression of the opinions and belief or refusal of them.

A.N.Golovistikovoj and L.J.Grudtsynoj thought freedom is defined as the state of nature of the individual connected with formation of belief concerning an event and definition of its relation to all ok - ruzhajushchemu. Thought freedom is a basis of a spiritual life of the individual, defines possibilities of work of its subconsciousness and consciousness without influence and the control from a society, the state and separate лиц1.

Thought freedom is in a close connection with a freedom of speech, which

Defines the common right to do by property of a society own thoughts, belief and opinions.

The freedom of speech is guaranteed by the state as possibility of unobstructed expression of own opinion and belief concerning state, public and any other character through oral or printing words, expressing the opinion at meetings, meetings and other means. Freedom of expression of opinion forms a basis of realisation of other rights and freedom, for example, rights of education, the rights to voting, to the petition, a freedom of worship, creativity, etc.

Elements of a freedom of speech are: freedom of each person publicly to express the thoughts, ideas, judgements; liberty of the press and other mass media as freedom from censorship; the right to information reception, access freedom to information sources.

In a constitutional law the uniform position about reference of considered freedom to concrete group of the rights and freedom is not developed.

1 Golovistikova A.N., Grudtsyna L.JU.decree. soch. S.141-142.

For example, M.B.Baglaj1, E.I.Kozlova, O.E.Kutafin2 carry it to individual rights. Some authors, such as carry S.A.Avakjan3 and A.V.Malko4, freedom of thought and a word to political human rights as this right, in their opinion, is expressed in the public statement of the opinion on socially significant questions.

E.A.Lukasheva is considered, that by freedom of thought and a freedom of speech, being the defining factors opening human individuality and uniqueness of each person, concern simultaneously number personal and political freedoms человека5.

According to the author of work, freedom of thought and a word are personal, individual rights, and the person solves, as them to use. However it is necessary to consider, that these rights have mixed, socially - political character when they are used as a way of maintenance of pluralism of opinions in political sphere.

Generalising the above-stated, it is necessary to draw following conclusions.

Individual rights and freedom are understood as in wide, and narrow senses. In a broad sense individual rights and freedom are represented as rights and personal freedoms (personal, political, socially - economic, cultural), in narrow sense are defined as special group of the rights and freedom, expressing individual qualities of the individual and directed on satisfaction of its needs of nature and protection of its interests.

The personal (civil) rights and freedom provide a personal freedom from illegal intervention of the state during a private life and private interests.

Group of individual rights and freedom concern: the right to life and the right to advantage of the person; the right to freedom and inviolability of person; the right

1 Baglaj M.V.Ukaz. soch. С.238.

2 Kozlova E.I., Kutafin O. E. The decree. soch. С.224.

3 Avakjan S.A.decree. soch. С.615.

4 Constitutional law of Russia: the uchebno-methodical grant / Under obshch. red. A.V.Malko. M: Publishing house NORM, 2001. С.232.

5 Human rights. The decree. soch. С.155.

On inviolability of a private life, personal and family secret; the right to the privacy of correspondence, telephone conversations, post, cable and other messages; the right to the inviolability of home; the right to a freedom of movement and a choice of a place of stay and a residence; freedom of choice of the national identity and the right to using the native language; the right to a freedom of worship and creeds, the right to thought and word freedom.

The listed rights are basic for other rights and freedom, substantially define a legal status of the person, are directed on maintenance of an autonomy and freedom of the individual. The list of the named rights steadily extends, that is caused by new conditions. It is necessary to notice, that a number of individual rights and freedom, for example, the right to thought and word freedom, has the mixed character, i.e. simultaneously belongs to two and more kinds of the rights.

Defining signs and features of individual rights and freedom are:

First, that they are based on the is natural-legal doctrine, i.e. are natural and inaliennable. In a positive law fastening of individual rights and freedom guarantees protection and protection and other rights and freedom of the person following from the natural death;

Secondly, individual rights and freedom are a basis of a legal status of the person, and also underlie other rights. So, the right to advantage is guaranteed and provided by the right to freedom and inviolability of person, the honour and reputation right of defence. The right to the privacy of correspondence, telephone conversations, post, cable and other messages, and also the right to the inviolability of home are a component of the right to a private life. Individual rights and freedom are defined by the base rights and freedom, and all other rights and freedom act as social values derivative of them;

Thirdly, are closely connected with morals and safety. The basic values taken as a principle of the maintenance of individual rights and

Freedom of the person, honour, advantage, freedom, safety and inviolability of person are. Objects of individual rights and freedom include human life, advantage and the safety, proved as the constitutional values;

Fourthly, require the state guarantees;

Fifthly, realisation of individual rights and freedom is carried out in the form of steady, lasting mutual relations of the person with the validity surrounding it;

Sixthly, for a considerable share of individual rights and freedom the combination of the individual is characteristic and collective has begun, based on a parity of concepts natural and the positive law, persons defining mutual relation and the states. The parity individual and collective in individual rights and freedom defines, on the one hand, freedom of individual possibilities of the person within laws operating in the state, on the other hand – necessity of each person to carry out the rights, considering interests of the state and a society.

The maintenance of individual rights and freedom, proceeding from requirements of the person, interests of the state and a society, extends steadily and filled. For today the tendency of development of the legislation of the states by an establishment of the additional guarantees directed on effective protection and protection of individual rights and freedom is observed.

In development of representations about individual rights and freedom three their basic classifications are resulted.

Individual rights and freedom are grouped from the point of view of protection of following basic objects: 1) physical and mental inviolability (rights to life, on freedom and inviolability of person etc.); 2) moral value of the person (the right to honour, advantage, on a freedom of worship and creeds, on thought and word freedom, etc.); 3) a personal freedom (the rights to inviolability of a private life, personal and family secret, on a freedom of movement, etc.).

On legal nature are allocated: 1) the basic individual rights and freedom defining bases of a legal status of the person (the right to life, on protection by the law and court, on freedom and a personal immunity, on respect personal and home life, etc.); 2) derivative (additional) individual rights and freedom (the rights to death, to abortion, to cloning of bodies, to a reproduction as derivative rights for a life etc.).

Under the maintenance individual rights and freedom are differentiated on: 1) exclusively personal (rights to life, on freedom and inviolability of person, on inviolability of a private life, etc.); 2) personal with the mixed nature (a freedom of speech, the rights to the information, to use of the abilities, to safety, etc.).

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A source: VECHKANOVA NATALIA VALEREVNA. CONSTITUTIONAL REGULATION And JUDICIAL PROTECTION of INDIVIDUAL RIGHTS And FREEDOM In the CIS COUNTRIES. 2014

More on topic §1. Concept, features, system and the basic maintenance of individual rights and freedom of the person:

  1. §3. Constitutional limits of individual rights and freedom of the person in the CIS countries
  2. §3. Influence of legal positions of the European Court under human rights on decisions of the constitutional vessels of the CIS countries on protection of individual rights and freedom of the person
  3. §1. Courts in the constitutional mechanism of protection of individual rights and freedom of the person in the CIS countries
  4. §2. The constitutional fastening of individual rights and freedom of the person in the CIS countries: a general characteristic
  5. § 2.3. The basic forms of activity of law-enforcement bodies on maintenance of the rights and freedom of the person and the citizen
  6. 1.1. Formation and development of the concept of the rights and freedom of the person and the citizen and the mechanism of their maintenance: the Russian and foreign experience
  7. §2. Legal positions of the constitutional vessels of the CIS countries on protection of individual rights and freedom of the person: the general and especial
  8. Chapter 1. Individual rights and freedom of the person as a subject of the constitutional regulation in the CIS countries
  9. Chapter 2. Judicial protection of individual rights and freedom of the person in the CIS countries: konstitutsionno-legal aspects
  10. §1.1 Concept and essence of the rights and freedom of the person and the citizen
  11. §4. Problems of interaction of the constitutional vessels and vessels of the general jurisdiction of the CIS countries in protection of individual rights and freedom of the person
  12. § 2. Ombudsman / the Representative under human rights as new institutsionalnyj an element of system of protection of the rights and freedom of the person and the citizen in the Post-Soviet states
  13. § 2.2. Protection of the rights and freedom of the person and the citizen - the basic function of law-enforcement bodies
  14. § 4 Maintenance of the protected rights and freedom of the person and the citizen in the Russian constitutional law
  15. §2. Concept and system of the political rights and freedom of citizens.