31. INTERNATIONAL DIVISION OF LABOR AND INTERNATIONAL SPECIALIZATION The world economy is economic system, covering the national economies of all states and international economic relations. Essential elements the world economy are the economy

The international protection of human rights is a set of legal norms that define and fix in a contractual manner the rights and freedoms of a person, the obligations of states for the practical implementation of these rights and freedoms; as well as international mechanisms for monitoring the fulfillment by states of their international obligations and the direct protection of the violated rights of an individual.

International remedies for the protection of rights and freedoms are special bodies created in accordance with international normative acts, which are empowered to accept, consider and evaluate the appeals of individuals.

Such means in relation to certain areas of legal regulation were provided for in the International Convention on the Elimination of All Forms of Racial Discrimination and in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Committee on the Elimination of Racial Discrimination and the Committee against Torture, established under these Conventions, were empowered to receive and consider communications from individuals (or groups of individuals) who claim to be victims of a violation by a state party of the rights set forth in the Convention (arts. 14 one and 14, respectively). article 22 of the second Convention).

The term "human rights" (droitsdel "homme) first appears in the French Declaration of the Rights of Man and Citizen in 1789 in the wording of the declaration. Here it was about establishing legal formal equality between people and consolidating the fact that a "citizen" has in relation to authorities are not only duties, but also rights.

The United Nations is the coordinating center for cooperation between states in the field of human rights.

Within the framework of the UN, the most important international legal acts for the protection of human rights and freedoms have been developed, which have actually established international standards in this area.

The Universal Declaration of Human Rights of 1948. In the Declaration, for the first time, not national, but universal, supranational, internationally recognized standards of rights and freedoms were developed in a complex. The Declaration, for example, proclaimed such human rights as the right to leave one's country and return, the right to choose one's place of residence, the right to strike, etc. Since its main task was to develop precisely human rights and freedoms, a more general concept - the concept of human status - - for achievement main goal was artificially divided. Only one part was singled out from it - rights and freedoms, to the detriment of other components of this concept, and, above all, the duties of a person.

Covenants on Human Rights 1966. The UN General Assembly adopted two universal treaties in the field of human rights, called pacts: the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. These were already binding regulations for the participating countries. Together with the declaration, they became known as the International Bill of Rights.

Final Act of the CSCE 1975 In this act, for the first time, normative instructions on respect for human rights and fundamental freedoms were formulated as an independent principle of modern international law. Since that time, the observance by states of generally accepted human rights and freedoms has become not just a contractual form of international law, but a norm-principle, i.e. a duty that anyone can demand. Now the very need to prove the very right to exist of the concept of respect and observance of human rights and freedoms has already disappeared.

There are also a number of conventions in the field of human rights protection that are of primary importance:

The international mechanism for monitoring the protection of human rights and freedoms provides for two levels:

• 1) universal;
• 2) regional.

At the universal level, control is exercised by the UN (GA, ECOSOC, High Commissioner for Human Rights, Commission on Women's Rights, Committee against Torture, etc.).

There are three main forms of human rights monitoring:

• 1) consideration in the UN of periodic reports of states;
• 2) consideration of disputes on the interpretation and implementation of specific agreements;
• 3) consideration of individual petitions.

The paramount importance of the International Covenants on Human Rights, as well as the Universal Declaration of Human Rights that preceded them and the conventions in the field of humanitarian law relating to various periods, lies in the fact that, based on world experience and embodying the modern needs and trends of social progress, they establish universal human standards rights and freedoms of the individual.

Standards are constituted as a normative minimum that determines the level of state regulation with allowable deviations in a particular state in the form of its excess or concretization.

It is this sense of the standards that is well expressed in Art. 19 of the ILO Constitution, according to which conventions or recommendations within the ILO do not affect “any law judgment custom or agreement which affords the workers concerned more favorable conditions than those provided by the convention or recommendation.” In one of the official publications of the ILO (1995), conventions and recommendations are qualified as minimum standards.

The following functions of standards can be designated:

• 1) determination of the list of rights and freedoms belonging to the category of fundamental and obligatory for all states - parties to the pacts and other conventions;
• 2) formulation of the main features of the content of each of these rights (each of these freedoms), which should be embodied in the relevant constitutional and other regulations;
• 3) establishing the obligations of states to recognize and ensure the proclaimed rights and the introduction of international level the most necessary guarantees that condition their reality;
• 4) fixing the conditions for the use of rights and freedoms associated with legal restrictions and even prohibitions.

Both pacts are characterized by the consolidation of the connection between the legal status of the individual and the right of peoples to self-determination, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development.

In one respect, the Covenants differ from each other: while under the Covenant on Civil and Political Rights, each State "undertakes to respect and ensure" the rights recognized in the Covenant, under the Covenant on Economic, Social and Cultural Rights, each State undertakes "to accept in measures to the maximum extent of available resources to ensure progressively the full realization” of the rights recognized in the Covenant.

The relationship between international legal standards and the norms of the legislation of the Russian Federation is expressed in the fundamental consistency of international and domestic lists of rights and freedoms, their content and means of ensuring and protecting.

Structure Ch. 2 of the Constitution of the Russian Federation, which, of course, does not reproduce the construction of pacts on human rights, allows fixing at the national level almost all civil, political, economic, social and cultural rights (in relation to the last three groups, the term “socio-economic rights” is widely used in state studies). ).

A notable departure in this regard is the absence of the provision of Art. 11 of the Covenant on Economic, Social and Cultural Rights, which recognizes “the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and the continuous improvement of living conditions. Obviously, even given the current situation, it would be appropriate to provide for such a right, especially in the context of the above wording of this Covenant on the gradual full realization of the rights recognized in the Covenant, within the maximum limits of available resources.

It should be emphasized that international humanitarian law rejects the division of rights and freedoms according to the degree of their significance for a person.

A holistic view of the problem is clearly expressed in the text of the Final Document of the 1989 CSCE Vienna Meeting, which states that all rights and freedoms are essential for the free and full development of the individual, that all rights and freedoms “are of paramount importance and must be fully exercised by all appropriate means ".

The same idea is expressed in the Vienna Declaration of the 1993 World Conference on Human Rights: “All human rights are universal, indivisible, interdependent and interrelated. The international community must treat human rights globally, in a fair and equal manner, with the same approach and attention.”

The adoption by the state, in accordance with its constitutional procedures, of legislative, administrative and judicial measures in order to consolidate, ensure and protect human rights and freedoms is qualified in pacts and conventions as an international obligation of the state.

Covenants and conventions presuppose the right of the state to impose certain restrictions as conditions for the enjoyment of rights and as safeguards against misconduct by users. Even the Universal Declaration of Human Rights provided that “every person has duties to a society in which only free and full development his personality”, in connection with which she stipulated the possibility of restrictions established by law in the exercise of rights and freedoms.

Today, in connection with the entry Russian Federation to the Council of Europe, signing and ratifying the Convention for the Protection of Human Rights and Fundamental Freedoms (together with a number of protocols to it) and other European conventions, the norms of these regional international acts recognized by our state are of particular relevance.

Sometimes they talk about "European standards" of human rights and freedoms. Some of these specific standards do exist, if we keep in mind the wording individual rights and especially their guarantees, the mechanism for their implementation. And yet, at its core, the current universal, that is, contained in the considered international pacts, and European standards of human rights and freedoms are homogeneous and have common value characteristics.

The specificity of the European Convention for the Protection of Human Rights and Fundamental Freedoms lies in the fact that its own text is organically combined with the texts adopted in different time protocols for it. These protocols are for the most part independent legal documents, but their provisions are considered as additional articles of the Convention. The Convention and its protocols constitute an integral normative complex.

Thus, the main text of the Convention did not provide for such essential rights as the right of every natural or legal entity freely enjoy their property, the right to education, the right to freedom of movement and freedom to choose a place of residence within the territory of the state, etc. They were included in the protocols.

The wording of Art. 2 of the Convention on the Right to Life allows for deprivation of life in execution of a death sentence imposed by a court for an offense for which the law provides for such punishment. However, the perception of this article today cannot be true without taking into account the prescription of Protocol No. 6 to the Convention regarding the abolition of the death penalty, in Art. 1 which says: “The death penalty is abolished. No one can be sentenced to death or executed."

This Protocol was signed on behalf of the Russian Federation on April 16, 1997, but did not go through the ratification procedure and, therefore, did not enter into force for the Russian Federation. However, it should be borne in mind that, according to Art. 18 of the Vienna Convention on the Law of Treaties, in the period after the signing of the treaty subject to ratification, acceptance or approval before the entry into force of the treaty, the state is obliged to refrain from actions that would deprive the treaty of its object and purpose.

The characterization of international legal norms as international standards of human rights and freedoms involves a comprehensive assessment legal status personality in the context of both constitutional and conventional prescriptions.

The judgment has become widespread, according to which rights and freedoms acquire the qualities of elements of a person's legal status only due to being fixed in the constitution and other domestic legislation. With this approach, those rights that are formulated exclusively in international treaties are not recognized as the subjective rights of citizens of a state in whose laws certain rights are not named.

The complex legal status of an individual includes rights and freedoms, regardless of the legal forms and means of their implementation. The property of the individual is equally those rights that are enshrined in domestic regulations, and those that are contained in interstate agreed decisions.

In the absence of constitutional or other domestic regulation, as well as in case of inconsistent regulatory formulations at the constitutional and conventional levels, international standards can not only act as a normative minimum that determines the state of domestic regulation, but also be an independent and direct regulator

Thus, the legal status of an individual includes the rights and freedoms proclaimed in international treaties, i.e. internationally recognized rights and freedoms. These rights and freedoms become directly applicable in the sense of Art. 18 of the Constitution of the Russian Federation both in situations of their application by national courts and other state bodies, and in cases of international protection when individuals apply to interstate bodies, including the European Court of Human Rights.

In accordance with the provisions of international treaties, a certain system of inter government agencies endowed with the functions of international control over the activities of states in the field of ensuring human rights.

Separate conventions provided for the creation of special bodies. Among them: the Human Rights Committee - on the basis of the Covenant on Civil and Political Rights; Committee on the Rights of the Child -- on the basis of the Convention on the Rights of the Child; Committee on the Elimination of Racial Discrimination - on the basis of the Convention on the Elimination of All Forms of Racial Discrimination; Committee against Torture - based on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Covenant on Economic, Social and Cultural Rights did not provide for special body by stipulating the possibility of action through ECOSOC; the latter, by its decision in 1985, established the Committee on Economic, Social and Cultural Rights.

Each committee consists of experts (in the committee against torture - 10, in the rest - 18 people each), and it cannot include more than one citizen of one state; equitable geographical distribution and representation of different forms of civilization and major legal systems are taken into account.

States parties to the pacts and conventions have undertaken to submit to the appropriate committee on a regular basis (directly or through Secretary General United Nations)reports on the state of human rights and measures taken to advance the realization of rights.

Human Rights Covenants and others international acts provide legal protection of the proclaimed rights and freedoms, and, on the one hand, fix the obligations of states to implement national remedies, and on the other hand, they introduce and directly regulate international remedies.

The next step was the recognition that the “right to legal protection” (the term of the Covenant on Civil and Political Rights), which belongs to a person, is real only with the corresponding obligations of the state and its bodies.

At the same time - and this emphasizes the normative significance of the covenants - it was established that the rights and freedoms recognized in the covenants are subject to legal protection. Consequently, national courts and other competent state bodies were charged with protecting not only constitutional but also international treaty rights.

In accordance with Part 3 of Art. 2 of the Covenant on Civil and Political Rights, each state undertakes to provide any person whose rights and freedoms recognized in the Covenant are violated with an effective remedy; establishing the right to legal protection for any person through judicial, administrative or legislative bodies; application by the competent authorities of legal remedies.

After considering the communication and the information requested from the state, the Committee submits its opinions, proposals, recommendations to the relevant state and the person concerned.

The Human Rights Committee, established by the Covenant on Civil and Political Rights, has the additional competence set out in the first Optional Protocol to the Covenant. This refers to the function of considering individual applications in connection with the violation of the rights proclaimed in the Covenant. The condition for the Committee to exercise such a function is the participation of the state not only in the Covenant, but also in the Protocol (as noted above, for the Russian Federation the Protocol entered into force on January 1, 1992) and recognition by the state of the specified competence of the Committee.

Any person subject to the jurisdiction of such a State who claims that any of the rights listed in the Covenant has been violated and who has exhausted all available domestic remedies may submit a written communication to the Committee for consideration (an appeal is also possible if if application internal funds stretches unnecessarily). The Committee shall bring the communication to the attention of the State concerned, which shall, within six months, provide the Committee with written explanations and inform measures taken. After considering all the submitted materials, the Committee sends its views to the relevant state and interested person.

At the regional level, a similar procedure is planned within the framework of the CIS. Article 33 of the CIS Charter provided for the establishment of the Commission on Human Rights as an advisory body designed to monitor the fulfillment of the obligations of member states in the field of human rights.

Most efficient system consideration of individual appeals (complaints) and legal response to violations by bodies and (or) officials of human rights states has developed within the framework of the Council of Europe in accordance with the Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols.

In the problem of exhaustion of all domestic remedies in relation to the Russian Federation, the position of the Court is such that the applicant must go through the instances, the appeal to which is due to his own will, i.e. the first and cassation courts. The use of supervisory review procedures is not considered to be a prerequisite for applying to the European Court. It is also possible to accept the complaint in case of unjustified delay, since the Court, bearing in mind the provision of paragraph 1 of Art. 5 of the Convention, focuses on the consideration of the case in the national court "within a reasonable time".

Following your international obligations, The Russian Federation has provided for such a procedure in its constitutional legislation. Initially, it was fixed in the former Constitution of the Russian Federation as amended by the Law of April 21, 1992. In the current Constitution of the Russian Federation, the corresponding norm is contained in Part 3 of Art. 46: "Everyone has the right, in accordance with the international treaties of the Russian Federation, to apply to interstate bodies for the protection of human rights and freedoms, if all available domestic remedies have been exhausted." There is no such norm yet in the constitutional legislation of other states, including in the new constitutions of the states that are members of the CIS, with the exception of wording similar in meaning in the Constitution of Ukraine of June 28, 1998 (Article 55) and in the Constitution of the Republic of Belarus of November 24 1996 (Article 61). It should be noted that in the Penal Code of the Russian Federation, in Art. 12 "Basic Rights of Prisoners", a provision is included on their right to file complaints with interstate bodies for the protection of human rights and freedoms.

During the Second World War, shortcomings were discovered in international regulation human rights and freedoms. As is known, United Nations(UN) arose in response to the aggression and crimes against humanity committed by fascism during the war years. This explains the special inclusion of the provision on the development and promotion of respect for human rights and fundamental freedoms among the goals of the UN.

The functions and powers of the United Nations in the field of human rights are extremely diverse. Its structural divisions make recommendations, make decisions, convene international conferences, prepare draft conventions, conduct research, and provide advisory and technical assistance to individual countries. In a number of cases, they also exercise control over the observance by states of their obligations under the UN Charter and other international agreements.

The primary responsibility for the performance of the UN's functions of promoting universal respect for and observance of fundamental human rights and freedoms rests with United Nations General Assembly and under her guidance Economic and Social Council (ECOSOC). Human rights issues are usually placed on the agenda of the General Assembly based on the relevant sections of the ECOSOC report and decisions taken by the General Assembly at previous sessions. They are sometimes also proposed for discussion by other principal organs of the United Nations, Member States of the Organization and General Secretary.

Recommendations adopted by the General Assembly, both in the field of human rights and on other issues, according to the UN Charter, are not legally binding on UN member states. But, undoubtedly, the resolutions, for the adoption of which all or the overwhelming majority of the Member States of the Organization voted, may testify to the existence of certain principles and norms of international law binding on all states.

In 1946 ECOSOC established as its subsidiary body Human Rights Commission. Members of the Commission are elected for three years. The Commission meets in annual six-week sessions and takes its decisions by a majority vote of the members present and voting. Its functions since its inception have included the preparation of proposals and reports to the Council on the international Bill of Human Rights; international declarations and conventions on civil liberties, the status of women, freedom of information and other similar issues; protection of minorities; preventing discrimination based on race, sex, language or religion; any other human rights issues. The Commission carries out studies, makes recommendations, provides information and performs other assignments of ECOSOC. The preparation of major studies is usually entrusted to special rapporteurs. The completed studies serve as the basis for the Commission to take various kinds of decisions.

One of the commission's first assignments was to work with the International Bill of Human Rights. As a reminder, the Bill currently includes the following international agreements: Universal Declaration of Human Rights; International Covenant on Economic, Social and Cultural Rights; International Covenant on Civil and Political Rights; Optional Protocol to the International Covenant on Civil and Political Rights; Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.

The main idea of ​​the listed international documents is expressed by the following principle: “the ideal of a free human being, free from fear and want, can be realized only if such conditions are created under which everyone can enjoy their economic, social and cultural rights, as well as their political rights."

The Covenant on Civil and Political Rights enshrines the principle of international law that fundamental rights and freedoms must be respected in all situations, including during periods of armed conflict. Some infringements of human rights in connection with the introduction of a state of emergency or martial law are, in principle, allowed, but this should not lead to discrimination, violate fundamental rights human being, which must be respected by all States of the world, whether or not they are parties to the Covenant. (Think about what rights should be respected regardless of the political situation in the state, region of the world.)

In 1976 was created Human Rights Committee, consisting of 18 experts who are elected by the participating States from among their own citizens and are of "high moral character and recognized competence in the field of human rights". One of the main functions of the Committee is to consider the reports of the participating states on the implementation of human rights in their territory, and the participants provide both general information on the state of human rights and freedoms, and on the implementation of each specific right. The Committee studies the submitted reports and makes certain comments and recommendations. The participant must consider them and may provide feedback on the comments made. A similar procedure can also be carried out on the application of a state party about the non-fulfillment of its obligations by another state.

Obviously, the rights and freedoms of a person, first of all, should be protected by the national judicial system, but sometimes it does not make a fair decision from the point of view of a citizen. In this case, he may file a complaint with the Human Rights Committee. If the Committee considers the complaint admissible (i.e., it finds that the possibilities of resolving the case in the court of the offending State have been exhausted), this is reported to the State concerned, which has the opportunity to submit written explanations on the merits within six months, after which the complainant may give feedback on the state's explanations. During its activity, the Committee has considered hundreds of complaints and made appropriate recommendations on them. Most of them were accepted by the states for execution. It is the analysis of individual messages that allows us to draw conclusions about the compliance of laws, judicial and administrative practice of a State to the requirements of the Covenant. By implementing the decision of the Committee, by bringing its legislation into line with the Covenant, the state thereby creates the conditions for such violations of human rights not to be committed in the future.

The UN has also created a number of other bodies for the protection of human rights, for example, the rights of women, the rights of the child. Thus, UN bodies consider both general human rights issues and special ones related, in particular, to the protection of human rights during armed conflicts. The same bodies also discuss issues of responsibility for criminal violations of human rights.

However, at present, the activities of the UN bodies in the field of human rights are still very imperfect: the established system of organizations is cumbersome, there is duplication in its work, and consideration of a number of issues is postponed from year to year. Since the activities of these organizations are sessional in nature, they are not able to take emergency measures in a crisis. As a response to this situation, the position United Nations High Commissioner for Human Rights, and United Nations High Commissioner for Refugees, who would coordinate practical work UN for the protection of human rights in peacetime and during periods of military conflict.

Great importance human rights activities has in European countries. All European organizations see the protection of human rights and the expansion of individual freedoms as an unconditional priority. We can say that modern European civilization is based on the idea of ​​independence and the value of the human person.

An influential European regional organization is Council of Europe. On November 4, 1950, in Rome, its members adopted the European Convention for the Protection of Human Rights and Fundamental Freedoms, which entered into force on September 3, 1953.

Based on this Convention, two bodies were formed - European Commission of Human Rights And European Court of Human Rights, which are empowered to consider communications from states, individuals, non-governmental organizations and groups of individuals about violations of their rights by parties to the Convention. Individuals, non-governmental organizations and groups of individuals have the opportunity to submit petitions directly to the Court. In this regard, the European Commission on Human Rights was abolished, and the Court became the sole body for the protection of human rights.

To hear cases, the Court establishes committees of three judges, chambers of seven judges, and grand chambers of seventeen judges. Admissibility questions are decided by committees of three judges. This is due to the continuous increase in the number of complaints on which it is necessary to take prompt decisions. The cases themselves are decided by the chambers. The Grand Chambers discuss the most serious issues, as well as cases referred to them at the request of the parties to the dispute.

Decisions of the Court are binding on the States Parties and their implementation is monitored by Committee of Ministers of the Council of Europe. Thus, the created mechanism is, in fact, a supranational power.

Any country joining the Council of Europe from now on must not only accede to the European Convention, but also make the necessary changes to its legislation arising from the case law created by the decisions of the Court of Human Rights.

Now that Russia has joined the Council of Europe and ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms, Russian legislation and legal practice will need to be brought into line with European standards. This practice is prescribed by the Constitution of the Russian Federation (Article 15, Clause 4).

The protection of human rights is given a significant place in the work Organization for Security and Cooperation in Europe(OSCE).

In the future, apparently, there will be a unification of the regional bodies existing in Europe into a single organization, which will include all the states of the continent. The political prerequisites for the integration of the whole of Europe are gradually maturing, which will inevitably lead to the formation of a single European legal space and the creation of uniform conditions for the effective protection of fundamental human rights and freedoms.

The dynamics of the development of international relations shows that many problems that previously belonged to the internal competence of states began to be subject to international regulation. One of the most controversial issues is the use of the death penalty.

The Universal Declaration and the Covenants, while proclaiming the right of everyone to life, did not prohibit the death penalty. The Covenant prohibited the imposition of the death penalty only for crimes committed by persons under eighteen years of age and its application to pregnant women.

legal culture

legal culture- a set of legal knowledge, beliefs and attitudes of the individual, implemented in the process of work, communication, behavior, as well as attitudes towards the material and spiritual values ​​of society.

Legal culture is a complex of ideas of a particular community of people about the law, its implementation, about the activities of state bodies, officials.

Legal culture in the broad sense of the word is a set of legal components in their real embodiment, a set of ideas of a particular community of people about law, its implementation, about the activities of state bodies and officials.

Legal culture in the narrow sense of the word is a set of materialized ideas, feelings, ideas as a conscious necessity and internal need for a person's behavior in the field of law, based on legal consciousness.

Main characteristics of legal culture:

A set of values, principles and worldviews in the field of law, supported by professional legal knowledge;

The totality of public opinions, assessments of the content, operation of the rules of law and the legal system as a whole;

Achieved level of accumulation, possession and use of legal information.

The legal culture includes those elements of public consciousness that are associated with legal institutions and the practice of their functioning, the formation of certain options for the legal behavior of people in society. Legal consciousness is an internal, personal regulator of legally significant behavior, which can be characterized both positively and negatively. As a form or area of ​​consciousness, legal consciousness reflects legal reality in the form of legal knowledge and evaluative attitudes towards law and the practice of its implementation, legal attitudes and value orientations that regulate the behavior (activity) of people in legally significant situations.

Legal beliefs and attitudes should also be considered as constituent elements of legal culture. Legal culture presupposes a certain level of legal thinking and sensory perception of legal reality; the qualitative state of the processes of law-making and the implementation of law; specific methods of legal activity (the work of law enforcement agencies, constitutional control, etc.); the results of legal activity in the form of spiritual and material benefits created by people (laws, legislation systems, judicial practice).

For the assessment of legal culture, the most important are: observance of the law (law-abiding), elimination of abuses of power, guarantee of ensuring the legitimate interests and rights of citizens, competence, efficiency, ability to lead, etc.

The main criteria for the level of legal culture are:

Reached social status;

educational training;

Orientation to legal values;

Socially active life goals;

The choice of motives and behaviors;

Sense of law and justice;

Critical perception of negative social practices.

The issue is important legal nihilism, expressed in the devaluation of law and legality, ignoring laws or underestimating their regulatory, social role. Legal nihilism is a direction of socio-political life that denies the social and personal value of law and considers it the least perfect way to regulate social relations. Various forms manifestations: from an indifferent, indifferent attitude to the role and significance of law, through a skeptical attitude towards its potentialities, to complete disbelief in law, and a clearly negative attitude towards it.

At the same time, systematic substantive work is needed to improve the level of legal culture of all subjects of the law enforcement system. The immediate goal is lawful behavior, including the legal activity of citizens and the professional activity of lawyers and other civil servants in the process of exercising their competence in legally significant situations. The means of legal education include: legal propaganda, legal education, legal practice, self-education.

The volume and quality of knowledge, possession of the principles and norms of law are commonly called legal awareness of the individual. There are elementary necessary, low and high level legal awareness of citizens (population). The features of the first level are recognized as the assimilation of mostly conflict-free rules of behavior, which constitute the necessary conditions for communication and generally recognized social ties, implemented to a large extent at the level of intuition. The second level is characterized by a relatively “free” orientation in changing legal situations based on general principles and constantly implemented rules of law, the ability to comprehend the content of legal acts and, accordingly, navigate in the choice of behavior. An indicator of the third level of legal awareness of an individual is considered to be a constant interest in law, the need to obtain and expand the quantity, deepen the quality of legal awareness, which is typical for professional lawyers.

The principle of respect for human rights and fundamental freedoms is enshrined in the preamble, Art. 1 and 55 of the UN Charter. So, for example, in Art. Article 1 of the Charter states as the purpose of the members of the Organization cooperation between them "in the promotion and development of respect for human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion." According to Art. 55 of the Charter, “The United Nations shall promote: a) the improvement of the standard of living, the full employment of the population and the conditions for economic and social progress and development ... c) universal respect for and observance of human rights and fundamental freedoms for all.”

These general provisions of the UN Charter were most fully specified in the Universal Declaration of Human Rights of 1948 and two pacts adopted in 1966: the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

On December 10, 1948, the UN General Assembly adopted the Universal Declaration of Human Rights. It is difficult to overestimate the importance of this document. For the first time in international practice, the Declaration reflected the idea of ​​the inseparable connection and interdependence of the entire complex of fundamental rights and freedoms. This provision was further developed in the resolution of the UN General Assembly on December 4, 1986: “All human rights and fundamental freedoms are indivisible and interdependent; and the development and protection of one category of rights cannot serve as a pretext or justification for exempting states from the development and protection of other rights.” Today, the Universal Declaration of Human Rights is the main international code of conduct in the field of the legal status of man and citizen. And although the Declaration does not create legal obligations for states, nevertheless it has a serious impact on the regulation of relations between states, since all international treaties are currently being developed and concluded on the basis of its provisions.

It took more than twenty years for the creation and adoption by the UN General Assembly of the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. They were adopted in 1966 and entered into force in 1976. An Optional Protocol was adopted to the Second Covenant, providing for a mechanism for dealing with complaints from individuals.

These three documents together make up the International Bill of Human Rights.

Currently, the international code that defines human rights includes about seventy fundamental international treaties and declarations. These include the above-mentioned International Bill of Human Rights, as well as the international legal documents adopted on its basis on the self-determination of peoples, on the prevention of discrimination, genocide, apartheid, slavery, on the right to citizenship, on the right to asylum, on the rights of refugees, on freedom of information, freedom of association, marriage and the family, the rights of children and youth, social progress, provision and development, etc. These acts also include a number of agreements regarding the legal status of certain categories of citizens: women, children, disabled people, mentally retarded persons, refugees, stateless persons (a person who is not considered a citizen by any state by virtue of the law of this state), etc. All of them complement and specify the mechanisms for the implementation of international agreements.

International norms and standards in the field of the legal status of a person and a citizen are established through agreements between states, but do not directly create human rights and freedoms. These norms are obligatory only for the states and between the states. The implementation, implementation of these norms and standards is the duty and obligation of the states parties to international human rights treaties, in the event of ratification of which, they (states) undertake to bring their national legislation into line with mandatory norms. The international protection of the legal status of a person and a citizen, carried out by international legal means, based on the generally recognized principle of respect for human rights, serves as an important, but still auxiliary measure.

However, there is also a certain set of institutions that provide such protection in practice: the International Criminal Court, the European Court of Human Rights, the UN Human Rights Committee, etc.

Considering the European region, it is worth paying special attention to the activities of the largest European interstate organization- Council of Europe. One of the goals of this organization is: the protection of human rights, pluralistic democracy and the rule of law Council of Europe: Activities and results. Edition of the Public Relations Service. 1998..

To date, 44 states are members of the Council of Europe (all European states except the Vatican, Belarus, Monaco and former Yugoslavia). The main instrument for the implementation of the European Convention on Human Rights is the European Court of Human Rights, which will be discussed further.

The European Court of Human Rights, according to the Convention, consists of judges whose number is equal to the number of signatory states to the Convention. There is no limit on the number of judges of the same nationality. The court works in French Strasbourg on a permanent basis. Now judges sit in it - from 41 countries, Armenia, Azerbaijan and Bosnia have not yet sent judges.

Judges are elected by the Parliamentary Assembly of the Council of Europe (PACE) from a list (each country sends a list of three candidates). The candidate from each country is chosen by the majority. Judges are elected by the Parliamentary Assembly of the Council of Europe for a term of six years. Since at the beginning of the Court's operation half of the judges ceased their powers after a period of three years, now half of the Court's composition is renewed every three years. The judges on the Court carry out their duties individually and do not represent any of the states. They may not be involved in activities that may affect their independence. The term of office of judges also ends when they reach the age of seventy years. The General Assembly of the Court elects from among its members the President, two Vice-Presidents and two Section Presidents of the Court for a term of three years Rule of the European Court of Human Rights of 4 November 1998.

Any of the signatory states of the Convention, as well as an individual applicant, may be a plaintiff in a case of violation of any of the rights guaranteed by the Convention by any of the signatory states. Special Shapes, as well as guidance on how to complete them, can be obtained from the Registry of the Court in Strasbourg.

At the same time, before an application is submitted to the Court, several indispensable conditions must be strictly observed.

First, only the rights guaranteed by the Convention or its Protocols can be the subject of a complaint. The list of these rights is quite wide, but it lacks some of the rights known to the latest constitutional legislation. These rights are enshrined in another convention of the Council of Europe - the European Social Charter, but the jurisdiction of the European Court is based solely on the Convention for the Protection of Human Rights and Fundamental Freedoms.

Secondly, the complaint can only come from the victim himself. Even in the case when a complaint is filed by an association of persons, everyone must prove their specific personal claims.

Thirdly, the complaint must be filed no later than six months after the final consideration of the issue by the competent state authority.

Fourthly, it is possible to complain only about those violations that took place after the date of ratification of the Convention by the state.

Fifthly, in order for the complaint to be declared admissible on the merits, the applicant must have exhausted all domestic remedies for his right, and, above all, judicial remedies for such protection.

The procedure for considering cases in the new European Court of Human Rights is open and transparent. Hearings shall be open to the public, unless one of the Chambers of the Court, due to exceptional circumstances, decides otherwise. The judgments of the Court, as well as other documents related to the consideration of the case, are open to the public.

Individual applicants may file a claim on their own, however, the presence of an official representative is recommended and even necessary for the conduct of hearings. The Council of Europe has established a special assistance scheme for applicants who do not have the necessary means to ensure the presence of an official representative.

The official languages ​​of the Court are English and French, however, the application may be submitted in any of the official languages ​​of the countries that have signed the Convention. Further, after an action has been declared admissible, the official language of the Court shall be used, unless the President of one of the Chambers approves the use of the language in which the action was filed.

Within three months after the pronouncement of the decision, either party may request that the case be considered by the Grand Chamber. Such claims are considered by a commission of five judges consisting of: the President of the Court, the Presidents of the Sections, with the exception of the President of the section that participated in the decision on the case, other judges chosen by rotation from judges who are not members of the Chamber.

The decisions of the chamber become final after the expiration of the three-month period, or earlier if the parties have declared no intention to demand a review, or after the refusal of the demand by the aforementioned Commission.

If the Commission accepts the case for review, the Grand Chamber decides on the case by a majority vote, and this decision is final. The final judgments of the court are binding on the respondent State in the case. Although there is no mechanism that would force states to comply with the decisions of the Court, there has been only one precedent for refusing to execute the decision of the European Court in all the years of its existence: to resolve the situation on the island of Cyprus.

The Committee of Ministers of the Council of Europe is responsible for monitoring the execution of the decision of the Court. The Committee of Ministers is also responsible for monitoring the adequacy of the measures taken by the State in pursuance of the judgments of the Court.

In accordance with the Constitution of the Russian Federation, everyone has the right, in accordance with the international treaties of the Russian Federation, to apply to interstate bodies for the protection of human rights and freedoms, if all available domestic remedies have been exhausted. The Constitution of the Russian Federation. Art. 46, part 3.

The ratification by the Federal Assembly of the European Convention for the Protection of Human Rights and Fundamental Freedoms provided all residents of Russia with the opportunity to apply for the protection of their rights to the European Commission on Human Rights, as well as to the European Court of Human Rights.

As of February 9, 2004, 8199 applications from the Russian Federation (from citizens of the Russian Federation, as well as from foreign citizens appealing against the actions of the Russian authorities) have passed through the European Court. These statements have been received since the entry into force of the Convention for the Russian Federation (05.05.1998). Of this number of applications, 2,181 dossiers are already in the works, ready for decision. 45 applications were sent with an inquiry to the Government of the Russian Federation, the Russian authorities, 3 complaints were declared admissible and preliminary dossiers were opened on 3158 complaints, according to which the applicants are in correspondence. That is, we can assume a significant increase in decisions on the Russian Federation in 2005-2006 Internet conference of the Council of Europe and the European Court of Human Rights “European standards for the protection of human rights. Ensuring access in the Russian Federation”.

At the same time, the incompleteness of the judicial reform in the Russian Federation, the poor functioning of the courts can lead to a finding of violations of Art. 6 of the Convention guaranteeing the right to a fair trial within a reasonable time. Based on the practice of the European Court of Human Rights, in which about 50% of pending cases involve violations of reasonable time, it may become a common practice for the European Court to rule on Russia's violation of the provisions of the Convention in this area.

Title="CSCE system final act The CSCE, signed in Helsinki (1975), contributed to the emergence social movement human rights defenders => Organization for Security and Cooperation in Europe (OSCE). Unlike the Council of Europe, the OSCE has no established">

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What are human rights? 1) According to the natural law theory, these are rights inherent in the very nature of man, without which he cannot exist as a biosocio-spiritual being. Human rights belong to him from birth, by virtue of the laws of nature, do not depend on their recognition by the state. The state can only consolidate, guarantee or limit them. 2) Supporters of the positivist concept of human rights believe that rights and freedoms are established by the will of the state and are derived from it. It is the state that determines the list and content of the rights that it grants to its citizens. Human rights are normatively formalized (i.e., presented in the form of clearly formalized norms) features of an individual's being, which express her freedom and are a necessary condition for her life, her relationships with other people, with society, and the state.

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International documents The foundation of the existing system of human rights and freedoms is the International Bill of Human Rights (Charter of Human Rights) = Universal Declaration of Human Rights (December 10, 1948) + International Covenant on Economic, Social and Cultural Rights (1966) + International Covenant on Civil and Political Rights (1966) + Optional Protocol to the Last Covenant (1966) + Second Additional Protocol Aiming at the Abolition of the Death Penalty (1989).

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Protection of human rights Today there are three systems of human rights protection in Europe: The UN system based on the Charter of Human Rights and other UN documents. The Conference on Security and Cooperation in Europe (CSCE) system. The Council of Europe (CE) system.

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The UN System In 1946, the UN Economic and Social Council (ECOSOC), which operates under the direction of the General Assembly, established the UN Commission on Human Rights as a subsidiary body. Each year, the Commission's sessions bring together not only 53 member states, but also over 100 observer states. In 1976, the United Nations created a Human Rights Committee consisting of 18 experts.

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The CSCE system The Final Act of the CSCE, signed in Helsinki (1975), contributed to the emergence of a public movement of human rights defenders => Organization for Security and Cooperation in Europe (OSCE). Unlike the Council of Europe, the OSCE does not have a well-established mechanism for dealing with individual complaints.

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System of the Council of Europe Its leading document was the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950), as well as additional protocols to the Convention, which included the entire list of civil and political rights and some socio-economic rights. To control their implementation, special mechanisms have been created - the European Commission and the European Court of Human Rights in Strasbourg.

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International crimes and offenses Types of international crimes: actions aimed at unleashing or waging an aggressive war; war crimes (murder and torture of the civilian population of the occupied territories, hostages, prisoners of war, senseless destruction of settlements); crimes against humanity.

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International humanitarian law The founder of the science of international law, Hugo Grotius, in his book "On the Law of War" (1625), proceeded from the fact that every state has the right to wage wars, which he divided into just and unjust. He believed that in any war, violence should have its limits and be allowed only to achieve victory, while the life of the civilian population should be protected.

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International humanitarian law is a body of rules, both treaty and customary, that are designed to address humanitarian problems that are a direct consequence of armed conflicts, whether international or internal, and limit, for humanitarian reasons, the right of parties to a conflict to choose at their own discretion the methods and means of warfare. and provide protection to persons and property that have been or may be affected by the conflict.

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Combatants are all organized armed forces, groups and units under the command of a person responsible for the conduct of their subordinates. Combatants are allowed to use force, take the enemy prisoner, kill an armed enemy. Once in the hands of the enemy, they become prisoners of war.

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Combatants include personnel of the regular armed forces; irregular forces - partisans, personnel of militias and volunteer detachments; crews of merchant ships and crews of civilian aircraft of the belligerents, if they are converted into military ones; fighters participating in national liberation wars fighting against colonialism , racism and foreign domination; the population of a non-occupied territory who, at the approach of the enemy, takes up arms to fight the invading troops, before they have had time to form into regular troops (if they openly bear arms and observe the laws and customs of war).

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Mercenaries are persons who engage in armed struggle for pay in defense of illegal (colonial, racist and other similar) regimes. Mercenaries are not protected by international law and are punished as criminals. Unlike volunteers, mercenaries are not included in the armed forces and cannot be considered lawful combatants. The UN has set up a special committee to develop a convention against the recruitment, use, financing and training of mercenaries, in which these actions should be considered an international crime.

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Sources of International Humanitarian Law Geneva Conventions of 1949: “For the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field” (Convention I); "On improving the fate of the wounded, sick, shipwrecked, from the composition armed forces at sea” (Convention II); “On the Treatment of Prisoners of War” (Convention III); “On the Protection of the Civilian Population” (Convention IV). Geneva Conventions of 1948: against the crimes of genocide; Refugee Convention Additional Protocols 1977: Additional Protocol I (new rules governing international armed conflicts); Additional Protocol II (rules governing non-international armed conflicts).

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Sources of International Humanitarian Law 1954 Convention for the Protection of Cultural Property. 1972 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological Weapons. on the prohibition or restriction of the use of certain types of conventional weapons that may be considered inflicting excessive damage or have an indiscriminate effect. The Universal Declaration of Human Rights (1948), the most important provisions of which have been developed in relation to wartime.

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Basic rules of international humanitarian law Persons hors de combat, as well as persons who do not directly take part in hostilities (civilian population), have the right to respect for their lives, as well as to physical and mental integrity. Captured combatants (so-called combatants) and civilians must be protected from any acts of violence. The parties to a conflict have an obligation at all times to distinguish between civilians and combatants so as to spare the civilian population and civilian objects. The attack must be directed only against military objectives. It is forbidden to kill or injure an enemy who has surrendered or ceased to take part in hostilities.

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Fundamental Rules of International Humanitarian Law The wounded and sick must be picked up and provided with medical care. Everyone is entitled to basic judicial guarantees. No one may be subjected to physical or psychological torture, corporal punishment, cruel or degrading treatment. The right of the parties to the conflict and their armed forces to choose the means and methods of warfare is limited. The use of weapons and methods of warfare capable of causing unnecessary destruction or undue suffering is prohibited.

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