CONCLUSIONS AND RECOMMENDATIONS OF THE CONFERENCE - Юридический журнал Правовое государство: теория и практика

ISSN 2500-0217 / Включен в Перечень ВАК

 

So, during the two days leading legal scholars Russian lively discussion of the possibility of implementing the constitutional development of the vector in the direction of the rule of law. Discussion and subjected to the provisions set forth in the draft resolution, which we publish in its original form. In addition, we took into account the suggestions and scientists who took part in the conference held in absentia. All of these findings can serve as areas of scientific research for scientists engaged in the problems of the formation of the rule of law in Russia.

Hence the name of the final document of our conference, "Conclusions and Recommendations" or "road map" on the way to the rule of law.
Taking into account both the basic provisions of the resolution and the proposals received, the participants came to the conclusion that the milestones "road map" for could be gradually implemented the principles of the rule of law:

1. The principle of popular sovereignty is very simple and straightforward. The Constitution of the Russian Federation, this principle is set out as follows: "The bearer of sovereignty and the only source of power in the Russian Federation is its multinational people."

No less successful and there were definitions given this beautiful and equitable principles of his supporters indifferent. Camille Desmoulins, however, on some private matter, wonderfully improvised: "The people spoke: it is enough; no objection, no veto can not be against his sovereign will. His will is always legitimate: it is - the law itself. " Subject to this principle can not be any usurpation of power, nor to establish tyrannical forms of government, nor the adoption of illegal laws or suppression of civil liberties or initiatives, nor a human rights violation. If the power in the state actually belongs to the people, it can in no way be directed against its interests, rights and freedoms. This principle, however, like all the others, directly points to the indissoluble link with the rule of law and human rights of the citizen.

2. The principle of the legitimacy of power, which rests on the people's awareness of the legitimacy of the current government. It is obvious that the authority shall be considered as illegal citizens, can not rely on the existence of a state of law, because she has not consistent with the law. The prestige of the constitutional state power must be based on trust of the people, for his support, that reliance on the people is the main objective and purpose of government, since the force strength and stability it is the people's support. This principle is based on the natural design that provides the unity of the principles of popular sovereignty and the rule of law.

3. The principle of priority of the right over the power, resulting in always triumph individual rights, consideration of all the issues from the perspective of being a citizen, which stands guard over the state. When this government has established mechanism of protection of human rights and citizens in protecting their rights and interests do not extend asylum.

4. The principle of equality of the state and the individual, which is one of the fundamental rules of law, was set out clearly even Immanuel Kant: "A citizen should have the same opportunity to the exact ruling coercion and unconditional implementation of the law, which has supreme in relation to the citizen."

This understanding of the role and place of the state in ensuring law and order, in which all comply with the general rules of conduct and government despises human rights, encourages civic initiatives, supports and protects the freedom of the citizens, for the first time enshrined in the current Constitution of the Russian Federation. Article 2 states that a person, his rights and freedoms are the supreme value. Recognition, observance and protection of the rights and freedoms - the duty of the state.

Such lofty goals can put in their Basic Law only state seeking to become legal.

5. The principle of inviolability of the person, directly affects the most important aspect of human life and of his rights. This includes the presumption of innocence man, in which everyone charged with a crime is presumed innocent until his guilt is proved in the manner prescribed by law and established by a valid court sentence.

6. The principle of the identity of law means that the regulations are developed and adopted by representative bodies, must comply with the most natural human rights, the judicial system in their activities should be moved closer to the commandment to "judge court of peers", ie prevalence of jury trials, as well as to approve the equality of citizens in all legal relationships.

7. The principle of the rule of law - a key principle of the rule of law, the essence of which was expressed in the legal axiom as follows: rule should the law, and not a person.

The implementation of this principle will ensure complete equality of citizens regardless of their professional or personal property, will provide an opportunity to exercise their right to a fair and impartial trial of his case.

8. The principle of independence of the judiciary, both the legislative and the executive authority allows it to perform its basic function - to justice. The judiciary should be independent and impartial arbiter between competing authorities, and does not fall under the impact. Only in this case the judiciary to ensure justice and the protection of citizens' rights and freedoms.

9. The principle of separation of powers will be relevant even in the most democratic countries, due to the internal contradictions of power that persists even conventional division into three branches. This internal contradiction stems from the fact that the legislature has always his vision should act as the executive, and the latter, as is natural and has a vision of all the shortcomings of the legislative activity. These conflicts can occur in any state, and therefore need to have a civilized ways and methods of conflict resolution, including, and with the participation of the competent judicial authority.

10. The principle of political equality of citizens means that in the state of law relevant to the citizens of the state bodies or interpersonal relations can not depend either on official or property status, or race or nationality, nor of class or religion, nor in any other unlawful featured. Civil status of people in a state of law equal, and this is just consistent with the fundamental concepts of human rights and justice.

11. The principle of universal suffrage means that the elections should be directed at identifying the genuine will of the citizens. This involves not only compliance with formal rules for the organization of elections, but also to prevent falsification and deception, fair and honest competition, a fair vote count.

For information, readers are publishing draft resolution recommended by the participants of the conference in advance and approved by them.

Resolution

Participants of the International Scientific and Practical Conference, representing the state educational, scientific and other institutions in the country, discussed topical issues of forming the rule of law in Russia and developed a science-based approach to this issue, corresponding to the modern understanding of this phenomenon. It boils down to the fact that the state of law is the highest type of government, fully meets its purpose and the needs of social development. Legal state - the main trend of modern development in the majority of countries in the world.

From this postulate should show the whole state policy in the Russian Federation, the activities of all state bodies and institutions.

Only such an approach to social phenomena can put an end to the anxiety of the Russian society on the strategic direction of the country.

The constitutional provision that Russia is a constitutional state, should be billed as a strategic objective of all domestic and foreign policy and all social life should be subordinated to the principles of the rule of law. Based on the foregoing, the participants say:

1. We fully support the intention expressed by the President of Russia Dmitry Medvedev September 24, 2011, the need to build in Russia a modern constitutional state, setting the development of civil society and the strengthening of the state, proclaimed December 12, 2012 in the President of the Russian Federation Vladimir Putin's Federal Assembly. We believe that the formation of the modern Russian civil society and the rule of law should be the official strategic goal for the future.

2. Realizing that to translate ideas rule of law in real life just is not enough scientific demand for it, but you must still current government policy proposal.

In this regard, we believe:

a) necessary to form a number of representatives of the current government and the opposition representative commission to develop the Road Map of the Russian Federation on its way to becoming the category of modern legal
States;

b) to declare 2015 - Year of human rights and the beginning of the formation of the modern state of law.

3. Attaching great importance to scientific and educational segment in
formation of the modern state of law:

a) ask the Ministry of Education and Science subjects refocus scientific and legal research of public universities and research institutes, respectively, to the principles of the rule of law;

b) to propose to the Ministry of Education and Science of the Russian Federation to consider the possibility of including the discipline "Theory of the rule of law" in the educational standards in the specialty "Jurisprudence", "Political Science".

c) to request the Ministry of Justice of the Russian Federation to initiate the adoption of the federal law "On State Policy of the Russian Federation in the field of legal education in the formation of the legal state", referring to the dissemination of ideas the rule of law among the entire population of the country accessible forms and ways.

4. We appeal to the media to publish (publish) this resolution, to bring to the attention of the citizens of Russia.

5. forward this resolution: the administration of the President of the Russian Federation; opposition political parties; human rights organizations and the media. 

Last modified on 16/04/2015

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ISSN 2500-0217 / Включен в Перечень ВАК