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Forms and means of impairing of the rights and freedoms of man and citizen

Student: Zaeva Yanina

Supervisor: Mihail Krasnov

Faculty: Faculty of Law

Educational Programme: Master

Year of Graduation: 2014

<p>&nbsp;</p><p>Legal reforms of recent years, accompanied by a negative perception of society and numerous appeals of citizens of the Russian Federation to national and international courts for protection and restoration of their rights, have led to an imbalance of interests of the individual and the state, as well as the constitutional ban on the enactment of laws that would impair the rights and freedoms and citizen.</p><p>The current situation requires not only timely judicial and law enforcement response, aimed at the resolution of legal conflicts, but also a proper theoretical understanding.</p><p>The goal of this work is a comprehensive analysis of the doctrinal views and practical expression of excessive constraints, leading to impairment of the rights and freedoms of man and citizen.</p><p>In the result of the research carried out by the author the general theoretical and legal characteristics of &nbsp;impairment impermissibility of rights and freedoms of man and citizen are presented, the concept of &quot;derogation&quot; &nbsp;is related from other forms of state intervention in the realization of human rights, the main types of forms and means of impairment of the rights and freedoms as well as the Constitutional Litigation Court of the Russian Federation, the European Court of Human Rights, constitutional (charter) courts of the subjects of the Russian Federation were analyzed.</p><p>The object of the research is the public relations developed in the process of realization of the rights and freedoms of man and citizen, limited in violation of constitutional and legal requirements.</p><p>The subject of research is the system of legislative acts and legal determinations of the judicial authorities, ensuring the legitimacy of the federal law circumscription of the rights and freedoms of man and citizen.</p><p>Key words: impairment &nbsp;of the rights and freedoms of man and citizen, &nbsp;the essence of &nbsp;law, distortion, human dignity.</p>

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