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Protection of Political Rights of Man and Citizen Carried out by the Commissioner for Human Rights in the Russian Federation

ФИО студента: Manafov Rafael

Руководитель: Victor Mikhaylov

Кампус/факультет: Faculty of Law

Программа: Lawyer in the Sphere of Justice and Law Enforcement (Master)

Оценка: 7

Год защиты: 2020

The dissertation study examined the activities of the Commissioner on Human Rights in the Russian Federation in protecting political human and civil rights. The value of studying political rights and the mechanisms of their implementation by political and related sciences lies in identifying inconsistencies between stated and applicable rights and developing proposals to overcome both the normative nature of these rights and to improve their implementation mechanisms. In addition to the courts, a variety of mechanisms are also in place to provide additional guarantees for the protection of rights and freedoms. One such mechanism is the institution of an ombudsman functioning in Russia represented by the Commissioner for Human Rights in the Russian Federation, human rights commissioners in constituent entities of the Russian Federation, specialized ombudsmen at the federal and regional levels: for children's rights and for the protection of entrepreneurs' rights. At present, there are a number of problems associated with the legal regulation of the institution of commissioners for human rights at the federal level and at the level of constituent entities of the Russian Federation. The goal of the research work was to study the implementation of political rights and determine the role of the Commissioner for Human Rights in this process. In connection with the stated goal, the following tasks were set: 1. Definition and characterization of political human and civil rights and freedoms in the Russian Federation; 2.Description of the transformation of the procedure for the exercise of political rights within the framework of Russian realities; 3.Research of a combination of the prohibition on politicizing the activities of the Commissioner for Human Rights in the Russian Federation and the need to ensure full protection of political rights; 4. study of the development history of the institution of the Commissioner for Human Rights and the citizen in the Russian Federation; 5. Identification of protection mechanisms used by the Commissioner on Human and Civil Rights in the Russian Federation in carrying out his or her activities; 6. Comparative legal analysis of the activities of the Commissioner for Human Rights in the sphere of political rights: Russia and Austria. 6. Comparative legal analysis of the activities of the Commissioner for Human Rights in the sphere of political rights: Russia and Austria, as well as development of proposals to optimize the activities of the Commissioner for Human Rights in the Russian Federation. The work consists of two chapters: the first chapter is devoted to analyzing the essence of political human rights and interaction between the Commissioner for Human Rights in the Russian Federation and federal institutions of state power in the sphere of political human and civil rights; the second chapter is aimed at studying the establishment and development of the Commissioner for Human Rights in the Russian Federation. The dissertation proposes changing the concept of the institution of the Commissioner for Human Rights of the Russian Federation, namely, in the sphere of political rights protection. In accordance with current legislation, the Commissioner begins to act as a response to violations of rights, with preventive measures rarely being taken. Also, on his or her own initiative, the Commissioner may act only in those situations that are established by law. In our opinion, it is worth expanding a number of mishaps, in which the Commissioner can act on his own initiative. Given the complex nature of political rights implementation, expanding the powers of ombudsmen at the federal and regional levels would increase the effectiveness of their activities, allowing them to act directly and independently of other government agencies, for example, in a situation where it has become known that political rights have been violated by the media or another source of information. In addition to these provisions, it would also be worth considering a proposal to give the Commissioner for Human Rights a legislative initiative not only in the area of political rights, but also in other areas of human and civil rights. In general, participation in the lawmaking process of the Commissioner for Human Rights is extremely limited, which deprives him or her of full efficiency. Keywords: Commissioner, Commissioner for Human Rights of the Russian Federation, commissioners for human rights in the RF subjects, political rights, Constitution.

Full text (added May 20, 2020)

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