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the Conclusion

the carried out research testifies, that the theme of the constitutional regulation and judicial protection of individual rights and freedom in the CIS countries is of interest for a modern science of a constitutional law.

Individual rights and freedom of the person are the centre of a legal status of the person, are the natural, inaliennable and directly realised legal possibilities individualising the person, guaranteeing freedom and safety, inviolability of person and possibility to choose various variants of behaviour of the person, not contradicting rules of law in sphere of moral relations and prominent aspects of position of the person defining most in relation to legality and an order.

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 of the person act.

Constitutions of the CIS countries, on the one hand, fix obligatory volume of individual rights and freedom which corresponds to international legal standards and the state taken up to obligations to the international community, on the other hand, concretise the list of individual rights and freedom of the person, guarantee their realisation taking into account features of development of legal system, cultural and historical traditions of the state.

On the basis of the analysis of the legislation and pravoprimenitelnoj practice of the CIS countries it was possible to find out, that the situation with realisation of individual rights and freedom of the person is extremely inconsistent, at the same time the objective analysis allows to come to conclusion about prevalence of positive tendencies. It is possible to carry to their number: orientation of konstitutsionno-legal fastening of individual rights and freedom to international legal standards; aspiration to a humanisation of individual rights and freedom which is expressed, for example, in an abolition of capital punishment; expansion of the catalogue of constitutional laws and freedom

The person, being a guarantee of realisation of individual rights and freedom, for example, the right to safety, a right to health protection and medical aid, the right to favorable environment, the right to a worthy standard of life, etc.; an establishment on the basis of multilateral and bilateral agreements of the CIS countries of the special legal regimes connected with realisation of separate individual rights and freedom of the person in territory of the agreeing countries, for example, on a freedom of movement, transfer for enduring the punishment of the persons condemned to imprisonment etc.; strengthening as a whole legal guarantees of individual rights and freedom of the person and others.

However, despite positive processes in the field of maintenance of individual rights and freedom in the CIS countries, it is necessary to note a number of serious problems. One of the important problems still has a problem of maintenance of the right to life. In a number of the countries, such as the Russian Federation, Republic Kazakhstan, Tajikistan, till now in the legislation is kept a death penalty as the higher punitive measure though in practice it is not applied. Byelorussia continues to remain the unique country in Europe and the CIS in which by a court sentence punishment in the form of a death penalty can be appointed.

There are problems of maintenance of the right to freedom and inviolability of person, the rights to inviolability of a private life, a freedom of movement and a residence choice.

One more group of the problems connected with infringement of individual rights and freedom, problems of infringement of conditions and terms of the maintenance convicted of places of imprisonment before trail and in the places of confinement, unreasonable taking into custody, infringement of the rights of citizens by law enforcement bodies constitute, breaches of law on legal proceedings in reasonable term and others.

There is defined disbalans between the constitutional functions and concrete powers of the constitutional vessels of the CIS countries, expressed that a constitutional mission of the constitutional

Vessels at level of the government at times it is perceived in a prism of political expediency.

The decision of the specified negative problems in the CIS countries will give the chance to fill individual rights and freedom of the person with the real maintenance and to provide effective guarantees of protection of individual freedom and safety of everyone.

The comparative analysis of the constitutional positions of the CIS countries testifies to presence of certain similarity in the constitutional mechanism of judicial protection of the rights and freedom of the person, and especially individual rights and freedom. Constitutions of all CIS countries establish, that the rights and freedom of the person are provided with justice and fix possibility of everyone on a reference to the court to protection of the broken rights and freedom.

The constitutional courts of the CIS countries in the legal positions connected with interpretation of the maintenance and protection of individual rights and freedom, use conclusions and the arguments based on principles of equality, protection of honour and advantage of the person, inalienability of the rights and freedom, inadmissibility of restriction of some individual rights and freedom, harmony of possible restriction of the rights and freedom. The general is that the constitutional courts of the states CIS expand with the legal positions the maintenance of the right to freedom and inviolability of person of the person and the right to judicial protection. Especial in legal positions of the constitutional vessels of the CIS countries on protection of individual rights and freedom of the person follows from a circle of subjects, competent to address in body of the constitutional justice, and also the list of the basic constitutional powers of this body. The more widely the circle of subjects addressing in the constitutional court and is more volume of powers of the constitutional court, the in bolshej to degree legal positions urged to give the real maintenance to the constitutional values and to promote restoration of the broken rights and freedom.

Studying and the analysis of practice of the constitutional justice on protection of individual rights and freedom of the person allow to draw a conclusion, that bodies

The constitutional justice of the CIS countries entering into the Council of Europe, by consideration and the permission of affairs in essence use positions of the European Convention and Reports to it, and also legal positions of the European Court as an element of the argument of the total decision. It promotes acceptance of decisions by them, korrespondirujushchih with the international obligations of the state-participant of the European Convention.

Use by the constitutional vessels of the CIS countries in the decisions of legal positions of the European Court on protection of individual rights and freedom of the person allows to unify protection of the rights and freedom, promotes increase of efficiency of mechanisms of this protection in the modern democratic state.

The list of individual rights and freedom of the person, and also their maintenance steadily extend, that is caused by new conditions and the changes occurring in a society and the state. The given circumstance causes of the further development of the constitutional legislation of the CIS countries and creation of such guarantees which would allow to provide effective judicial protection of individual rights and freedom. The theme of the constitutional regulation and judicial protection of individual rights and freedom in the CIS countries in the designated aspects is not settled by the given research. The given work can be considered as a basis for carrying out of the further scientific researches in this area.

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

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