The right to judicial protection (English Right for Legal Defense ) guarantees citizens protection of rights and freedoms in the courts . This is a fundamental human right . Judicial protection is one of the ways to protect the rights , freedoms and legitimate interests of legal entities through justice .
The Universal Declaration of Human Rights stipulates that every person has the right to effective restoration of rights by competent national courts in cases of violation of his fundamental rights granted to him by the constitution or law (Article 8) and that each person, in order to determine his rights and obligations and to establish the justification a criminal charge against him, has the right, on the basis of full equality, to the fact that his case was considered publicly and in compliance with all requirements of justice, independent and ristrastnym Court (Article 10).
The European Convention on Human Rights provides that everyone, in the event of a dispute over his civil rights and obligations or any criminal charge against him, has the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law (Article 6 § 1) )
In addition to state methods of protecting rights, freedoms and interests in modern legal systems, other methods of protecting rights are allowed, for example, such as self-defense of law (Article 14 of the Civil Code of the Russian Federation). However, only the presence in the legal system of the institution of judicial protection of law, based on the principle of “every violated right is subject to judicial protection”, is a prerequisite for the recognition of such a legal system as truly democratic.
In addition, in modern legal systems, the independence of the judiciary should be guaranteed. This independence, provided by measures of a legal, organizational, political, ideological nature, is an indispensable attribute of the non-fictitious institution of judicial protection of violated rights, in which the judicial protection of violated rights of a subject is guaranteed, including in cases of infringement of human rights and freedoms by the state.
Excerpts from the Constitution of the Russian Federation
The right to judicial protection is declared in the Constitution of the Russian Federation.
In Art. 46 p. 1. “Everyone is guaranteed judicial protection of his rights and freedoms.” Thus, the realization of this right is secured for everyone and for everyone. In addition, this right also applies to legal entities, since the latter are an association of individuals.
In paragraph 2 of Art. 46 secured the right of a citizen to appeal against the actions (inaction) of public authorities. “Decisions and actions (or inaction) of state authorities, local authorities, public associations and officials may be appealed to a court”
Point 3 of Art. 46 secures the right of a citizen of the Russian Federation to appeal to international courts ( European Court of Human Rights ) if all options for resolving the issue within the state have been exhausted. “Everyone has the right, in accordance with 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”
Law enforcement activities carried out by the court in resolving social conflicts are directly determined by the rights and freedoms of man and citizen (Articles 2, 18 and 46 of the Constitution of the Russian Federation).
The need for proper protection of these rights requires special guarantees in the proceedings itself, and the mentioned constitutional norms not only indicate the target orientation of the proceedings, but also establish the basis for the control activities of the court in the field of justice.
Links
- Jenks, E. (Edward), Merit. prof. London University. English Law: Sources of Law; Judicial system; Legal proceedings; Criminal law; Civil law / Per. from English L.A. Luntz; Foreword L.A. Lunts, M.M. Isaeva. - M .: Yurid. Publishing House of the Ministry of Justice of the USSR, 1947. - 378 p.
- The right to a fair trial under the European Convention for the Protection of Human Rights INTERIGHTS , Council of Europe , 2009