<<
>>

THE CONCLUSION

Results of the carried out scientific research allow to formulate a number of theoretical conclusions and practical recommendations about perfection of activity of law-enforcement bodies and the legislation in the field of observance, protection and protection of fundamental laws and freedom of the person and the citizen and execution of the duties by them.

1. Professional work of employees of law-enforcement bodies as a version of law-enforcement activity and a kind of a mass trade is the generalised characteristic considerable on the number of group of people generated in the course of historical evolution of human activity and a public division of labour.

2. The social mission of law-enforcement structures fixed in regulatory legal acts, acts as legal fastening of a professional division of labour in law-enforcement sphere. The further differentiation of professional work is shown as legal fastening of professional specialisation in law enforcement body and a legal ground of formation of specialised structural divisions (Ur, BEP, motor licensing and inspection department etc.).

3. By consideration of fundamental laws and freedom of the person and the citizen their basic positions have been analysed, definitions, classification of fundamental laws and freedom of the person and the citizen are given. The special attention is given difference of fundamental laws and freedom of the person from fundamental laws and freedom of the citizen. The rights and freedom of the person are natural and belong to it from a birth, the rights and freedom of the citizen can and be got. The rights and freedom of the person are inaliennable, the rights and freedom of the citizen can vary with renunciation of citizenship. The rights and freedom of the person are protected and protected not only the state, but also all world community, and in case of their infringement international legal sanctions etc. can be applied.

4. Focusing attention to fundamental laws and freedom of the person and the citizen, the author also says, that there are also special rights and freedom of the small people of Russia which are fixed in numerous standard documents. Besides the Constitution, they also are necessary for observing, protecting, protecting. The problem of a parity of the rights and duties of the person is not developed neither on international, nor at national level that has generated a number of negative consequences.

5. In the course of consideration of guarantees of fundamental laws and freedom of the person and the citizen definitions of guarantees have been given, their classification, is analysed each guarantee, their place in system of guarantees is defined.

6. At research of legal guarantees of fundamental laws and freedom of the person and the citizen a number of theoretical conclusions and practical recommendations has been made:

It is necessary to understand fastening of the rights and freedom of the person and the citizen as legal guarantees rules of law and maintenance, protection and protection by their all law-enforcement activity of the state and the world community.

7. The rights and freedom are not simply declared, and fixed by rules of law, but it is not enough of it, as rules of law are broken, and then the state-legal and international legal mechanism of protection of the rights and freedom, maintenance of execution with the person and the citizen of the duties assigned to it starts to operate.

8. It is represented expedient to classify the legal

Guarantees on branches of law. According to division of the legal system into separate branches of law it is possible to allocate following kinds of legal guarantees: konstitutsionno-legal, is administrative-legal,

Is administrative-remedial, civil-law, grazhdansko - remedial, criminally-legal, criminal procedure, finansovopravovye, the guarantees provided by norms of the law of master and servant, semejnopravovye, zemelno-legal, ekologo-legal, international legal guarantees.

9. The author has paid special attention of the constitutional responsibility. If there is a constitutional law, the Constitutional Court, means, there should be a constitutional responsibility, that is the normative act besides the Law on the Constitutional Court which regulates activity of the constitutional legal proceedings. The author suggests to accept the Konstitutsionno-code of practice as the current Law on the Constitutional Court of the Russian Federation does not meet all requirements of the constitutional legal proceedings.

In dissertational research it is offered to accept the federal Constitutional law or the code, its structure, general provisions, objects, subjects and constitutional law sanctions are given.

The special attention is given to the constitutional responsibility, the approximate list of its kinds is given, bodies, the organisations and officials to whom sanctions of the constitutional responsibility can be applied are listed.

10. The author recognises that the legal mechanism of realisation consists of following elements:

The rules of law fixing fundamental laws, freedom and duties of the person and the citizen;

The juridical facts attracting occurrence of readiness, process of the realisation and the termination of fundamental laws and freedom of the person and the citizen;

Activity of special bodies and the subjects of law, called to provide the right, freedom and duties;

Direct activity of court and law enforcement bodies;

Special legal procedures;

Institute of legal responsibility;

Level of legal culture of the population and the carrier of the rights and freedom.

Effectiveness of the legal mechanism of realisation depends on uninterrupted and effective functioning of all set of elements.

11. Considering elements of the mechanism of realisation, the author of dissertation comes to conclusion, that realisation process passes following 4 stages: occurrence, readiness, direct realisation and the termination of realisation of fundamental laws and freedom of the person and the citizen.

12. The realisation mechanism depends on legal culture and carriers of the rights and freedom. Each person and the citizen should know the rights, freedom and duties, is correct them to use. At realisation of the rights and freedom each person should be exposed only to such restrictions which are statutory exclusively for the purpose of maintenance of a due recognition and respect of the rights and freedom of other people.

13. Analyzing the chapter 2nd Constitutions of the Russian Federation, the author comes to conclusion that the mechanism of realisation of fundamental laws and freedom includes four components: observance, protection, protection and actually non-interference. The concept of these components, their analysis is given.

14. To prepare the grant for the population of the Russian Federation, where to explain in detail their constitutional laws, freedom and duties, and also the mechanism of their realisation with instructions where and to what official the person and the citizen for restoration of the broken rights and freedom in the Russian Federation and at the international level can address.

15. The mechanism of realisation of legal guarantees of the rights and freedom of the person and the citizen shares on the interstate and external, international mechanism of realisation.

It is necessary to pass laws in the Russian Federation that the legislation of the Russian Federation corresponded to the European convention on protection of human rights and fundamental freedoms, the current legislation is far from perfect and mismatches the international standards that complicates protection of the rights and freedom of the person and the citizen at the international level.

16. Observance, protection and protection of the rights, freedom and execution of the duties of the person and the citizen directly depend on strict execution by all state bodies and their officials, local governments, the public both political organisations and citizens of the Constitution of the Russian Federation, laws and other normative acts which urged to protect and protect fundamental laws, freedom and duties of the person and the citizen.

17. The standard base constituting a legal basis of activity of law-enforcement bodies on observance, protection and protection of the rights and freedom of the person and the citizen, represents impressive enough list of documents which are exposed to constant changes and additions. Therefore for successful realisation of this activity in system of office preparation of employees of law-enforcement bodies it is necessary to organise studying of corresponding standard legal acts, and also to develop and approve Instructions for employees of militia and their functional duties, to raise performing discipline of employees.

18. Analyzing the Federal act «About operatively-search activity», considering results of realisation, application of this law where there is a speech about weight of infringements of the rights, freedom of the person and citizen, it is offered to make following additions to the named law:

To give the exhaustive list of structures of crimes, on affairs about which carrying out of the operatively-search actions limiting the rights and freedom of the person and the citizen, provided by the Constitution of the Russian Federation is supposed;

To establish the requirement about obligatory destruction of the materials received as a result of operatively-search actions if they are spent:

With law-breaking, that is without any basis;

After cancellation of the bases which are obligatory for carrying out of operatively-search actions;

Concerning the person who is not specified in the decision of the judge, but passes on business;

To fix the exhaustive list of subjects in which relation restrictions of the rights and freedom on secret of a mail service, telephone conversations, cable and other messages can be entered. To them can be carried: the suspect convicted of committing a crime or its close relatives and acquaintances, character of dialogue with which testifies to presence at them the common design in concealment of the information having demonstrative value on criminal case;

To establish more rigid control of the public prosecutor for operativnorozysknoj activity of employees OVD.

19. Because investigatory insulators are overflowed, the suspects convicted, defendants, whose fault is not proved yet by court so innocent, are in heavy conditions, there is a mass infringement of their rights and freedom. It is necessary to pass the law limiting measures of taking into custody and arrest for crimes which do not carry the big danger to a society.

20. Creation of necessary conditions for employees of law-enforcement bodies (financial, material, housing, duhovnokulturnyh) to reduce turnover of staff of law-enforcement bodies, is the important precondition of maintenance of the rights and freedom of citizens.

21. Process of moral education of the employee of law-enforcement bodies includes a number of directions:

Transfer to employees of law-enforcement bodies of new knowledge of rules, principles, ideals and signs of moral and ethical behaviour;

Creation in labour collectives of atmosphere of trust and approval of moral ethical behaviour and condemnation of any deviations from the established norms, that is misconduct;

Purposeful influence on the person by use of the pedagogical receptions, capable to form at employees necessary moral and ethical qualities on the basis of an individual approach to them;

Influence on employees force of a positive example;

Encouragement of the employees who have caused a stir in service and community work;

Collective rallying through the general actions: sports, amateur performances, excursions, theatre etc.

<< | >>
A source: ALEXANDER MIHAJLOVICH SMIRNIJ. ACTIVITY of LAW-ENFORCEMENT BODIES ON MAINTENANCE of the RIGHTS And FREEDOM of the PERSON And the CITIZEN In the RUSSIAN FEDERATION. The DISSERTATION on competition of a scientific degree of the master of laws. Moscow. 2001

More on topic THE CONCLUSION:

  1. the Conclusion
  2. THE CONCLUSION
  3. THE CONCLUSION
  4. the Conclusion
  5. the Conclusion
  6. THE CONCLUSION
  7. the Pathomorphologic conclusion
  8. THE CONCLUSION
  9. THE CONCLUSION
  10. THE CONCLUSION
  11. THE CONCLUSION
  12. THE CONCLUSION
  13. the Conclusion
  14. THE CONCLUSION
  15. the Conclusion
  16. THE CONCLUSION
  17. THE CONCLUSION