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Melnikov Victor Y. Associate Professor Department of Municipal Law and
environmental legislation Southern Federal University (RUSSIA) Is there a need for
the formation of a constitutional
legal ideology?
The paper discusses current and important problems arising from the need to develop a state legal ideology in the form of a constitutional
legal ideology, standing on the
protection of the rights and freedoms
of man and citizen. Keywords: konstitutsionnyaya legal
ideologyensuring, human rights and
freedoms
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Keywords: democracy, the rights of
personality, civil society
Signs of democratic
and legal state largely overlap. Implementation
of the main features (principles)
the rule of law is one of the conditions of its formation, they reflect the direction
of movement of a civilized society. The democratic nature of the state is expressed primarily
in a democracy, as well as the
recognition of the rights and freedoms
of citizens, in the separation of
powers, in the guarantee of local
government, political diversity and multi-party system, freedom of economic activity, in a variety of forms of ownership.
Not
less important and urgent is the further development of the functional
characteristics of human rights guarantees, which suggests a mechanism for
implementing the study subjects overbearing measures to promote and protect
human rights in criminal proceedings, primarily by the example coercion. Usage
it makes necessary studying the
theoretical foundations of this mechanism as a means of (forms) of the
constitutionally guaranteed rights and freedoms of a person and
a citizen.
2.Method
Methodological basis of this study is the
dialectical method of cognition of social and legal phenomena and concepts in
their development and interdependence. In the process, general-purpose and scientific methods of
scientific knowledge are used as well, historical and legal, systemic,
structural-functional, comparative legal, statistical, sociological,
specifically the formal-logical, logical-legal and others. The legal framework
and information base includes the research of international legal instruments,
scientific sources, investigative and judicial practices to ensure the rights
and lawful interests of individuals in the pre-trial proceedings. The empirical
base of the research are published statistics, the results of sociological
surveys (questionnaires) of investigators, prosecutors, judges, lawyers, by using questionnaires, participant
observed she knowledge and application by interrogators, investigators,
prosecutors, judges, law enforcement practice standards, ensuring compliance,
implementation and protection of human rights and freedoms during the pre-trial
proceedings.
3.Results
Genuine democracy in society and the state is not created instantaneously, not copied to an
external sample. It is necessary
that the society was ready to use
democratic mechanisms, wanted to create
a vibrant civil society in which it would be comfortable to live in all segments of the population - and the rich and
the poor. To most
people feel the citizens would be willing to spend on a regular basis their attention, their time, their efforts to participate in the governance process.
The idea of democratic
rule of law is based on the need to achieve harmony and justice in society.
Century experience of state-legal development has developed certain
characteristics that allow implementing them in society to protect the individual
from arbitrary state, to achieve an optimal balance between the interests of
the state and the individual.
There is a theory of democratic transition, when the
state turns into a democracy.
In the example above all East Asian countries found that democracy becomes possible only when society reaches
a certain level of economic development. For example, South Korea and Taiwan to pursue their economic miracle in conditions of severe dictatorship, and then, having reached a certain level,
especially in per capita income, the transition to democracy.
While civil society does not put the power in certain conditions, making it
possible to control it, it does not learn to respect the society (people), and
to serve him, You can do it through real democracy, ie, the actual exercise of
power by the people. At the same time we should not forget that real democracy
is not just freedom, and the rule of law [1].
Analysis
and study of the problems of legal regulation of individuals rights and
freedoms in criminal proceedings permitted to formulate the author's concept
of individual rights security and
protection in the application of coercive measures, scientific and theoretical
propositions and conclusions about the nature of human rights security and
protection, based on the given
proposals to improve legislation and practice enforcement to ensure the
rights of subjects in criminal procedure relations.
Russian democracy - it is the
power of the Russian people, with its own traditions of national governments. VV Putin
noted that: "It pains me to say this, but I
say about it owes.
Russian society today is experiencing
a clear shortage of spiritual braces " [2].
The formation of a democratic state
should be manifested in the trends in the development of public control and
increase its impact on the effectiveness of the monitoring functions in
relation to the state. Civil society activities should be regulated not only by
the law, but also moral, religious attitudes, the content of which is
determined by historical experience, national traditions, the level of
democracy and culture. The process of interaction between civil society and the
state should be based on ensuring the inviolability of the fundamental social,
economic and political rights and freedoms granted to civil society by the
state apparatus. Deserve the attention
of many of the proposals, including
a rule to introduce a mandatory consideration in the parliament of the social initiatives that will gather a hundred thousand or more signatures on the Internet [3].
Democracy is, as a fundamental right of
people to choose the power and the ability to continuously influence the
government and its decision-making process. This means that democracy must be
mechanisms for ongoing and direct, effective channels of dialogue, social
control, communications, and "feedback". A growing number of policy
information should go in the quality of political participation, civil
government and control. First of all, it's - general civil discussion of draft
laws, decisions, programs adopted at all levels of government, the evaluation
of existing laws and their performance.
Realization of human rights shows the sequence
of certain "technical steps" commission in its functioning. At the
first stage mechanism ensuring, implementation and protection of human rights
starts from the participants of criminal proceedings providing access to
justice in accordance with their legal status. The second stage of the human
rights mechanism is studying and establishing
the rule of law, guarantees of their realization, factual circumstances. The
third stage is the realization and protection, primarily overbearing subjects
of rights and liberty, including the application of the coercive procedural
measures.
First
stage of human rights realization in the
application coercive procedural measures is to ensure that all participants in
the criminal justice access to justice. Subject to the protection of their
rights and liberty and legal interests must be specified directly and
recognized not only the victim but also the suspect, the accused and any other
person who is a participant the
criminal proceedings.
As an immediate measure she legislate provision
stating that failure of the investigator, the investigator in making and to
adduce as evidence objects, documents that are relevant to the criminal case,
should be adopted as well as necessary
for a decision on the election of procedural enforcement, in terms of
relevance, reliability, affordability, presented by the defense, to provide for
the acceptance of legislative regulation of these particulars, address the
issue of liability for breach of the given duty.
Democracy, rule of law, human rights
are incompatible with anarchy, anarchy, arbitrariness. Human freedom in its
moral and legal forms of this behavior is a person in which the implementation
of its healthy, intelligent and noble interests would be combined with respect
for the interests of others, society and state. Parenting
legal consciousness in organic connection with the beginnings of morality,
democratic consciousness of all citizens is the process of improving the
culture of society, a man finding his dignity, freedom and justice.
The formation of a democratic state should be manifested in the trends in
the development of public control and increase its impact on the effectiveness
of the monitoring functions in relation to the state. Civil society activities
should be regulated not only by the law, but also moral, religious attitudes,
the content of which is determined by historical experience, national
traditions, the level of democracy and culture. The process of interaction
between civil society and the state should be based on ensuring the
inviolability of the fundamental social, economic and political rights and
freedoms granted to civil society by the state apparatus.
The study formulated theoretical propositions
that can be the basis for the characteristics guaranteed by the Constitution of
the Russian Federation to ensure human rights and liberties during the
pre-trial proceedings.
Formulate regulations defining responsibilities
of an investigator, a prosecutor, a judge, aimed at the promotion of human
rights, as well as their responsibilities and the consequences of improper
performance of their duties.
There is only one way - the democratization of
public life. One of the most
important for Russia is the
question: what is the ratio of
the current conservation processes antisocial social
systems and processes to overcome it [4]. In connection with this thesis is important proposal N.S. Bondar that constitutionalism,
being inherently political and legal
phenomenon, is at the same time, moral and ethical imperative, not
only for the subjects of public
authorities, but also for every member of society
as a citizen of Russia [5].
Democracy, rule of law, human rights are incompatible with anarchy, anarchy, arbitrariness.
Human freedom in its moral and legal forms of this behavior is a
person in which the implementation of its healthy, intelligent
and noble interests would be combined with respect for the interests of others, society and
state.
Developing
the Russian federalism, we must rely on our own historical experience, use
flexible and varied patterns. Development of the regions, their autonomy should
work on creating equal opportunities for all citizens, regardless of their
place of residence; the elimination of imbalances in economic and social
development in Russia and means to strengthen the unity of the country. After
consolidating their national identity and strengthened its roots, remaining
open and receptive to the best ideas and practices of the East and the West.
It is in a
democracy, democracy can be fully and comprehensively to ensure the rights and
freedoms of all people, including properly protect the rights of individuals in
criminal proceedings. This is the answer to the question - do at the present
stage of development of society, democracy in Russia. Democracy does not change
the nature of power. It only limits its ability to repair the outrage,
violence, engage in self-enrichment.
5. References
[1] Choice after the elections // the Russian newspaper.
- 2012. - 22 of
March.
[2] What
the President said in his Address to
// the Russian newspaper. - 2012.
- 13 December.
[3] Putin
V.V. Democracy and Civil Society // www.putin 2012.ru.
[4] Mikulski K. Chance to update. Modernize
the economy can not be without a
revision of the entire model of social organization of Russia // "Nezavisimaya Gazeta". - 2009. -
23 December.
[5] Bondar N.S. Private and public:
to find the balance ... Publications of
different years. - Rostov n / d:
Altair, 2010. - P. 12-13.