Judicial Protection of Human Rights and Freedoms as a Legal Institution: Current State and Prospects of Development in the Russian Federation


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Abstract

Purpose. To analyze the legal institution of judicial protection of human rights and freedoms, its current state and prospects for development in the RF. Objectives. To consider the complex right to judicial protection as the main element of a legal institution. To reveal the content of the elements of the institute for the protection of human rights. Formulate a definition of the concept of judicial protection. Conclusions. Among the many systems of ensuring human rights and freedoms, judicial protection is the most important element of state protection in the Russian Federation. When identifying the protection of human rights as a system, it is more appropriate to use a broader theoretical structure, namely, to adhere to the concept of “institution for the protection of human rights”, the deemed pat of which impulse the introduction is certain mechanisms, include means and procedures is protection. In the domestic legal literature, the concreting of a mechanism for the protection of human rights has been introduced to reveal the dynamic characteristics of the human rights function of the state. From the poet of view role is individual haunches and bodies of power in the protection of rights and freedoms, it is advisable to distinguish the following composite types of human rights protection: law-making (legislative) protection; administrative (executive and administrative) protection; judicial protection. The right to judicial protection is a complex constitutional right of an integrated type. Judicial protection of rights and freedoms is a multidimensional legal concept that can at least be considered, firstly, as a type of state-legal protection of rights and freedoms; secondly, as a public-legal, interpectoral institution within which the public and private interests of legal subjects are protected through the judiciary; thirdly, as a function of the roles is law that guaranteeing the realization is rights through access to justice and fair trial, fourth, as a key element of the mechanism for the realization of rights and freedoms; fifth, as the most universal and authoritative means of legal protection, applied in combination with other procedures used at the initial stage of dispute resolution or legal conflict (pre-trial settlement of a dispute within the framework of administrative procedures, mediation and reconciliation of the parties).

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About the authors

Irina A. Umnova-Konyukhova

Center of Justice Research in the Russian State University of Justice (RSUJ); Institute of Scientific Information on Social Sciences of the Russian Academy of Sciences; Peoples’ Friendship University of Russia (RUDN University); Law Institute of Sevastopol State University

Email: ikonyukhova@yandex.ru
Dr. Sci. (Law), Professor; Director at the Constitutional Law Studies of the Сenter of Justice Research; senior researcher at the Department of Comparative Law; Professor at the Department of the Land Law and Environmental Law of Legal Institute; Professor at the Constitutional and Administrative Law Moscow, Russian Federation; Sevastopol, Russian Federation

Elena D. Kostyleva

Сenter of Justice Research in the Russian State University of Justice (RSUJ)

Email: helen161969@rambler.ru
Cand. Sci. (Law), Associate Professor; senior researcher at the Department of the Constitutional and Legal Research of the Сenter of Justice Research Moscow, Russian Federation

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