What are the personal rights of a person and a citizen of the Russian Federation?

Personal rights and freedoms of citizens of the Russian Federation are what everyone living in Russia is entitled to from birth to the end of their lives. The state undertakes to provide them to people, protect them and, if possible, expand them.

Russian legislation has been brought in line with the norms and requirements of the international community. Therefore, what is due to a person and citizen in the Russian Federation is identical to what is due to people living in other developed countries.

The Constitution is the fundamental law of the Russian Federation. Guarantees the rights and freedoms of man and citizen

In general about rights and freedoms

All our freedoms and rights are manifested every day in our relationships with other people, organizations and the state. Legal doctrine has conventionally divided what people are entitled to into types. We are entitled to the following types of rights:

• personal;
• cultural;
• socio-economic;
• political;
• environmental.

Often, some rights are intertwined with others. Much depends on from what position the individual is viewed: as a person or as a citizen.

Most of the rights of Russian citizens can be found in the Constitution. All of them (the main selection) are reflected in Chapter 2 of this document.

The main articles of Chapter 2 of the Constitution of the Russian Federation on “the rights and freedoms of man and citizen”

What are personal rights?

Personal civil rights of a citizen of the Russian Federation are often called simply personal or simply civil. They can be of a property or non-property nature.

Personal non-property rights

Moral rights do not refer to the ownership of anything tangible. This category comes into force from the moment a person is born. They give you the following rights:

• live, breathe air;
• receive a first name, last name, patronymic at birth;
• choose a place to live at your discretion;
• choose a religion in accordance with your views and beliefs;
• move freely within the state and beyond its borders;
• do not work under duress;
• answer to the law and people only when the court makes an appropriate decision;
• to be inviolable;
• conduct confidential correspondence with other citizens.

No one should trample on your dignity. Basic personal rights and freedoms also include freedom of conscience. This is a broad and extremely important concept in which you can independently form and revise your beliefs. For more information about “freedom of conscience,” see the following video.

Personal property rights

Property rights differ from personal non-property rights in that they relate to the fact of ownership of something. According to them you can:

• own movable and immovable property, goods, etc.;
• demand compensation for damage caused;
• own your own literary, musical, artistic works or inventions and developments;
• receive an inheritance.

In this case, the objects are any things that are the property of a certain citizen. These can be not only objects, but also money. The difference between personal non-property rights and property rights is also that the former are intangible, they are inseparable from the person. They have no economic content.

Types of property rights in the Russian Federation

Civil rights and freedoms of citizens

Civil rights and freedoms of citizens are the opportunities that every citizen has in the sphere of personal life. They are designed to ensure the independence and autonomy of people in their private lives, protection from interference in their inner world. Personal rights and freedoms cover a wide range of universal human values, without the observance and protection of which the existence of a person as an independent and independent person is impossible.

Civil rights and freedoms are recognized by the state and are enshrined in the Constitutions of the Russian Federation and the Republic of Tajikistan and other laws that comply with the Universal Declaration of Human Rights, international covenants on human rights, as well as other international standards. Rights and freedoms belong to a person regardless of his citizenship.

Let us consider the civil rights and freedoms of citizens in detail. Every person has the right to life (Article 20 of the Constitution of the Russian Federation, Article 31 of the Constitution of the Republic of Tajikistan). This is the most important and inalienable human right, a guarantee of his worthy existence.

The state takes upon itself the protection of people from illegal attacks on their lives. No one can be arbitrarily deprived of life. The death penalty for especially serious crimes against the lives of other persons is established by federal law as an exceptional punishment.

Deprivation of life is not considered a violation of the right to life if it is the result of protection from unlawful violence, a consequence of necessary defense or extreme necessity, or occurs during war.

The right to freedom and personal integrity means that a person is provided with protection from unlawful attacks on life, health, and personal freedom (Article 22 of the Constitution of the Russian Federation, Article 33 of the Constitution of the Republic of Tajikistan). The desire for freedom is one of the most powerful human feelings. A person associates the implementation of his plans and desires with freedom. In a word, only a free person has the opportunity to make an informed choice.

A citizen is free and has the right to perform any actions that do not contradict the law. At the same time, he should not be subjected to any coercion or restriction of rights. He independently determines his actions, using himself and his time. Freedom and personal integrity can be limited only by competent government bodies and only in accordance with the procedure established by law. For example, no one can be arrested or detained except on the basis of a court decision or with the sanction of a prosecutor. In case of arrest or detention, a citizen has the right to appeal these actions in court.

Every person charged with an offense is presumed innocent until proven guilty according to the law through due process of law. Persons deprived of their liberty have the right to be treated humanely and with respect for their dignity. No one should be subjected to torture, cruel, inhuman or degrading treatment or punishment. Without the voluntary consent of a person, one cannot subject him to medical, scientific or other experiments.

The state guarantees the right to defense (Article 46 of the Constitution of the Russian Federation, Article 46 of the Constitution of the Republic of Tajikistan). If a person cannot pay for a lawyer, legal assistance is provided to him free of charge.

The state is obliged to protect the dignity of the individual (Article 21 of the Constitution of the Russian Federation, Article 32 of the Constitution of the Republic of Tajikistan), nothing can be a basis for its derogation. Let us pay attention to the categorical, unambiguous nature of this statement. Nothing, no considerations of benefit or goodness can justify the humiliation of an individual.

What do we mean by dignity? Dignity is the recognition of a person’s special spiritual, moral, volitional and intellectual qualities. Safeguarding dignity means the right to be respected by others. People differ in their physical, intellectual and other qualities, property and social status. But the law equally protects their dignity. The inner moral dignity of a person, the honor of a person. Many people are sensitive to protecting their honor and dignity. The German poet and playwright Johann Friedrich Schiller (1759-1805) wrote: “Honor is more valuable than money.” In the old days there was a proverb: “A nobleman will not betray his honor, even though his little head will perish.” For insulting honor and dignity, they were challenged to a duel, and often died.

Remember the story of the death of A.S. Pushkin. When they began to talk about his wife Natalie’s betrayal, linking it with the name of Dantes, he challenged him to a duel. Pushkin's enemies fueled this dirty rumor. The poet decided to defend his honor and the honor of his wife in a duel. He assumed that he might die, but he preferred a duel and death than a life of dishonor. Did Pushkin have another way out? If there had been a law on the protection of dignity and honor, he could have gone to court.

But then such a procedure did not exist.

Under Russian law, a citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation and compensation for losses and moral damage caused by their dissemination. In those cases where attacks on honor and dignity have elements of a crime, the person guilty of this is brought to criminal responsibility.

Every citizen is ensured the inviolability of their home (Article 25 of the Constitution of the Russian Federation, Article 55 of the Constitution of the Republic of Tajikistan). This is an essential element of human freedom. No one has the right to enter a home and conduct a search or inspection against the will of the persons living there, except in cases and in the manner prescribed by law. A search is carried out in connection with a criminal case initiated by a reasoned decision of the investigator and only with the sanction of the prosecutor.

The secrecy of correspondence, telephone conversations, telegraph messages and the use of other means of communication is guaranteed by law (Article 23 of the Constitution of the Russian Federation, Article 36 of the Constitution of the Republic of Tajikistan). No stranger can read other people's letters or eavesdrop on other people's telephone conversations. Violation of this right entails legal liability. Exceptions from this rule are established only for law enforcement agencies of the state, and then only in cases and in the manner prescribed by law. Seizure of correspondence and wiretapping of telephone conversations is possible only during criminal proceedings and not otherwise than with the sanction of the prosecutor or by determination or order of the court.

The Constitution enshrines the right of everyone to privacy, personal and family secrets, and protection of one’s honor and good name. Private life is the sphere of family, business, and friendly relations between people.

There is such an episode in the famous comedy by Leonid Gaidai “The Diamond Arm”. The hero of the film gets into a taxi at the entrance of the house, holding a string bag in his hands. A vigilant social activist, seeing this, says: “Soviet people don’t take a taxi to the grocery store.” Wanting to expose him, she organizes surveillance of him and mobilizes “public” opinion. Suspicion and desire to look into the personal life of the tenant of their house, i.e. seeing something that should not concern anyone leads to a violation of the right of this citizen. It turns out that he did not violate anything; on the contrary, he helped law enforcement agencies. Do you think the assessment of the behavior of the “social activist” would change if the tenant turned out to be a criminal thief?

A person has the right to live the way he likes. In private life, a person seeks to satisfy personal interests. The collection, storage, use and distribution of information about a person’s private life without his consent is not permitted. A citizen has the right to familiarize himself with documents and materials that directly affect his rights and freedoms, unless otherwise provided by law. Every person has the right to free movement within the country, choice of place of residence and residence, free entry and exit from the country (Article 27 of the Constitution of the Russian Federation, Article 39 of the Constitution of the Republic of Tajikistan). Restrictions on this right can only be established by law. Citizens have the right to freely leave Russia, the Republic of Tatarstan and return at any time; they cannot be evicted from the country.

In the recent past, this right was grossly violated in our country. Residence was limited by the possibility of registering with the local internal affairs agency, and movement was limited to places where entry could only be carried out with a special permit. Only a few could travel abroad after a thorough security check. An objectionable person was expelled from the country, and then not allowed back in. This was the case with the writer A.I. Solzhenitsyn. Our famous musician M. Rostrapovich and his wife, the talented singer G. Vishnevskaya, were also deprived of citizenship and were also not allowed into the country.

Citizens are guaranteed freedom of conscience and religion (Article 28 of the Constitution of the Russian Federation, Article 37 of the Constitution of the Republic of Tajikistan). In accordance with their convictions, everyone has the right to freely choose and profess any religion or not to profess any, have, disseminate religious or atheistic views, act in accordance with them, engage in religious or atheistic upbringing and education of children. The state respects the freedom of parents to provide religious education to their children in accordance with their convictions and choices. Freedom of poisoning of religious cults and ritual ceremonies is allowed. The right to create religious and other associations and to receive religious education has been proclaimed and guaranteed.

Persecution of a believer for his religious beliefs is a dangerous phenomenon. Religious fanaticism and intolerance towards believers of other religions are no less dangerous. Remember from your history course the bloody religious wars in France, England, and Russia.

It is prohibited to incite hostility and hatred in connection with religious beliefs. In accordance with the law, the equality of citizens is guaranteed regardless of their attitude to religion. All religious associations are equal under the law. Religious and atheistic associations are separated from the state; state bodies and officials do not interfere in matters of their activities. At the same time, the state protects the legal activities of religious organizations. Persons guilty of violating legislation on freedom of religion and conscience bear legal responsibility.

Every citizen has the right to determine and indicate his nationality, he is free to choose the language of communication, education, training and creativity, including the right to use his native language (Article 26 of the Constitution of the Russian Federation, Article 34 of the Constitution of the Republic of Tajikistan). You cannot be forced to determine and indicate your nationality. Using their native language is still difficult for many. The implementation of this right requires an increase in schools and preschool institutions in which children are taught in their native language.

Every citizen is guaranteed freedom of thought and speech; no one can be forced to express their opinions and beliefs or renounce them (Article 29 of the Constitution of the Russian Federation, Article 42 of the Constitution of the Republic of Tajikistan). These rights contribute to the spiritual and moral independence of man, and consequently to political and ideological diversity. Without these rights there is no real development of society.

Freedom of obtaining information is equally ensured (Article 29 of the Constitution of the Russian Federation, Article 48 of the Constitution of the Republic of Tajikistan). This right is much broader; it means not just to receive, but also to freely search, transmit, produce and distribute information in any legal way. Freedom of establishment of mass media (printed periodicals, radio, television and video programs, newsreels) is guaranteed. Censorship is prohibited. The use of this right is subject to certain restrictions with only one purpose - the protection of state secrets, morality, rights and freedoms of other persons. Abuse of freedom of the media or use to commit crimes is not permitted.

As we can see, the law provides for a very wide range of personal rights and freedoms . But we must always remember, as indicated in Art. 17 Constitution of the Russian Federation, art. 27 of the Constitution of the Republic of Tajikistan, that the exercise by a citizen of his personal rights and freedoms should not contradict the personal rights and freedoms of other people. The exercise of these rights and freedoms is also incompatible with actions that harm state and public security, public order, health and morality of the population, and the protection of the rights and freedoms of others.

What are political rights

A significant difference between the political rights of citizens of the Russian Federation and other types is their connection with the citizenship of a particular person. This group is constitutional rights that determine the interaction of an individual with the state, his participation in the social and political life of the country. Here is a list of the basic rights of Russian citizens, of a political nature:

• we have been given universal equality before the laws of the Russian Federation;
• we can create unions and associations without asking permission;
• Russians have the right to apply to government and other authorities with applications, which will be accepted and considered;
• citizens can organize strikes if they consider such a measure necessary;
• people can freely gather and hold meetings both outdoors and indoors;
• Censorship is prohibited in the Russian Federation, speech and press are free.

The list goes on. Often it also includes what is included in a person’s personal rights and freedoms. For example, freedom of conscience applies in both cases. On the one hand, it relates to a specific individual, on the other, it determines her relationship with society and the country.

Basic political rights in the Russian Federation

Personal non-property rights ensuring the social existence of a citizen

1. Right to a name

enshrined in Art. 19 Civil Code. It is intended to legally ensure the ability of a citizen to have a certain name, to require other persons to address him in accordance with this name, and also to change (change) it in the prescribed manner.

The object of this right is very specific. It is understood as the given name itself, together with the patronymic and surname (family name). A name is one of the personal goods that personify its bearer and act as a means of formal individualization of the individual.

This right has a special content, which can include the following essential elements:

1) the right of a citizen to demand from other persons treatment in accordance with his last name, first name and patronymic;

2) the right to change and change the name, surname, patronymic;

3) the right to demand the termination of the unlawful use of the name.

2. Right to privacy

in its most essential features can be characterized as the personal non-property right of a person to freedom to determine his behavior in individual life activities, excluding any interference from other persons, except in cases expressly provided for by law. This right consists of two groups of interrelated powers. The first of them is designed to ensure the inviolability of private life, the second is to preserve the secrets of this life.

Rights related to privacy include the following.

2.1. Right to inviolability of home

found legal codification in Art. 25 of the Constitution, which established that no one can enter a home against the will of the persons living in it except in cases established by federal law or on the basis of a court decision. Art. corresponds with this provision of the Constitution. 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, according to which everyone has the right to respect for his home. When speaking about this right, the legislator does not mean the physical inviolability of the home as such, but the inviolability of one of the elements of private life, the legal boundaries of which are determined by the citizen’s actual home. In accordance with this subjective right, a person can act in his home at his own discretion and reject any attempts to illegally invade it.

All cases provided for by law in which entry into a home is allowed against the will of authorized persons can be differentiated into three groups. First

characterized by the presence
of an emergency
(extraordinary)
situation
caused by a fire, gas explosion in the room, etc.
The second
group consists of cases where entry into a home is also dictated by
actual necessity
- the implementation of precautionary and other preventive measures (inspection of gas and other equipment, etc.).
The third
group of cases is based on
the legal need
to perform strictly defined procedural actions, which are regulated by the norms of the Code of Criminal Procedure, as well as the Law on Operational-Investigative Activities, the Law on Internal Troops of the Ministry of Internal Affairs, etc.

2.2. The right to inviolability of means of personal communication of citizens

covers such basic means of communication as postal correspondence, telegraphic and other messages, and telephone conversations. The European Convention on Human Rights recognizes the right of everyone to respect for his correspondence (Article 8), and the ECtHR in its decisions emphasizes that the right to privacy of personal correspondence is aimed at protecting the confidentiality of private communications and is interpreted as a guarantee of the rights to uninterrupted and uncensored communication with others <1>. At the same time, inspection of even one letter is enough to confirm a violation of this right.

The right to confidentiality of correspondence is enshrined in Part 2 of Art. 23 of the Constitution. This provision is specified in the Communications Law, as well as in the Postal Law, etc.

The essence of this right is that no one can get acquainted with personal letters, telephone conversations, telegraphic and other messages of a citizen transmitted over telecommunication networks and postal networks without his personal (in each case) consent. Information about messages transmitted over telecommunication networks and postal networks, about postal items, as well as these messages and postal items themselves, can be issued only to senders and recipients (or their representatives), unless otherwise provided by law.

Inspection of postal items, their opening, examination of attachments, familiarization with information and documentary correspondence transmitted over telecommunication networks and postal networks are carried out only on the basis of a court decision, except for cases established by federal laws (Article 63 of the Communications Law, Art. 15 of the Law on Postal Services).

2.3. The right to inviolability of appearance.

Violation of such integrity is not associated with any direct physical, mental or legal impact on the person as such.
Here we are talking about the fact that through the illegal reproduction
of the external appearance and the subsequent examination of material media of visual information, the private life of a citizen is violated <1>.
The violation will consist in the fact that the external appearance of a person is reproduced (outside the cases specified in the law itself) without the consent
of the person whose appearance (and with dynamic methods of reproduction, also actions) is reflected in the appropriate medium.

In accordance with Art. 152.1 of the Civil Code, specifically dedicated to the protection of a citizen’s image, the essence of the right to inviolability of external appearance is that the publication and further use of a citizen’s image is allowed only with his consent (after the death of a citizen - with the consent of his children and surviving spouse, and in their absence - with parental consent).

Article 152.1 of the Civil Code regulates those relations in which citizens who are not performing artists participate, i.e. actors, musicians, singers or dancers who play a role, recite poetry, sing or otherwise carry out their creative activities and are subject to special rules of the Civil Code on the protection of copyright and related rights. The captured person may be a person who is not playing a role, but is walking down the street, relaxing on the beach, having lunch in a restaurant, etc. Scenes from life observed by the lens can be shown only after obtaining the consent of their participants, since otherwise there will be a violation not of the rights of the performer, but of the right to inviolability of the citizen’s appearance, which is an important element of his right to private life.

The Civil Code provides for the possibility of protecting the image of a citizen if, against his will, it is captured in a photograph, as well as a video recording or a work of fine art, and indicates three cases when obtaining such consent is not required.

Firstly,

if the use of the image is carried out in state, public or other public interests. The text of the law does not directly disclose what should be understood by “public” interests (state or public). As previously noted in the legal literature, these must be actions performed specifically for the purpose of information about the person depicted <1>. In this case, the objects of public interest, as a rule, become well-known government and public figures who play a certain role in the field of politics, economics, art, etc. <2>, referred to in the practice of the ECHR as “public figures”. Notable in this regard is the case of June 24, 2004 “Von Hanover (Princess of Hanover) v. Germany”, in which it was recognized as a violation of the right to privacy that the distribution in many magazines in Germany of photographs of Princess Caroline (a member of the ruling family of Monaco), taken not on official events, and during her everyday life (sports, walks, leaving a restaurant, relaxing on the beach, etc.). This was not about the dissemination of ideas, but of images containing very personal information about an individual, and the images themselves were taken without his knowledge or consent, in conditions of harassment by journalists to which many public figures are subjected in their daily lives. The ECtHR called on Germany to draw a clear distinction between “significant historical figures” and “relatively” public figures, so that both are able to know exactly where and when they are protected, and where and when, on the contrary, they must wait for interference from others , especially the tabloid press.

There is no doubt that the use of an image in the state and public interests without obtaining consent is carried out in cases where photographs, verbal portraits of persons are made available to the public for the purpose of searching for persons, in particular in connection with a criminal investigation and in other similar cases.

Secondly

, in accordance with Art. 152.1 of the Civil Code is not required to obtain consent if the image of a citizen was obtained during filming, which is carried out in places open to the public or at public events (meetings, conventions, conferences, concerts, performances, sports competitions and similar events), except in cases when such an image is the main object of use.

Third,

consent is not required if the citizen posed for a fee.

A citizen whose right to inviolability of appearance was violated by the distribution or introduction into civil circulation of certain material media containing his image (magazines, newspapers, photographs, books, disks, etc.) has the right to demand in court their seizure from circulation and destruction without any compensation. A similar requirement can be stated if such objects were manufactured for the purpose of their further introduction into civil circulation (i.e. for sale or other alienation).

If an image of a citizen, obtained in violation of his right to inviolability of appearance, was distributed on the Internet, he has the right to demand the removal of this image, as well as the suppression or prohibition of its further distribution (clause 3 of Article 152.1 of the Civil Code).

2.4. Right to privacy of private documents

is that the publication of letters, diaries, notes, notes is allowed only with the consent of their author, and letters - with the consent of the addressee. In the event of the death of one of them, these documents may be published with the consent of the surviving spouse and children of the deceased. This right is not directly enshrined in the civil legislation of the Russian Federation, however, it requires independent legal protection, since it is not identical to subjective copyright in works of science, literature and art.

The right to inviolability of private documentation includes the following powers:

- the right of copyright, which legally expresses the fact of the creation of a specific personal document by a given person. In the event of a transfer of ownership from the author to another person, this authority still remains with the author;

— powers to use and dispose of the material object of the right in question. At the same time, there are specifics in the implementation of these powers, since a personal document is not only a thing, but also a carrier of information. Because of this, the use of personal documentation (and its disposal) may consist in the transfer not so much of the object itself as of the specified information;

- dispositive powers, which, on the one hand, give the author complete freedom to create, maintain and accumulate personal documents, and on the other hand, they negate (do not allow) any intrusions into this area.

Consequently, the right to the inviolability of private documentation is a subjective right by virtue of which a citizen has the freedom to create, maintain, use and dispose of his private documentation at his own discretion, excluding any interference in said documentation by third parties against his will, for except in cases provided by law.

3. Civil protection of private life.

Article 150 of the Civil Code contains a general rule that personal and family secrets, like other intangible benefits, are protected by civil law. In addition to this general norm, there is a whole set of special norms that operate in various spheres of public relations and regulate certain types of secrets about the private life of citizens. Thus, in accordance with the Fundamentals of Legislation on Notaries, a notary is obliged to keep secret information that has become known to him in connection with the implementation of his professional activities. The Family Code provides for the secrecy of adoption. The Law on the Protection of Citizens' Health establishes the legal regime of medical confidentiality. However, regardless of whether an indication of a particular type of professional secret is contained in a special act, by virtue of Art. 150 of the Civil Code, employees of any kind - medical, legal and other state, municipal (banks, communications enterprises, registry offices), public (parties, trade unions, media, etc.), as well as private (medical, legal, including security, Detective and other) organizations are obliged to keep secret information about the private life of a person obtained in the performance of their professional duties (public assignments).

If information about private life became known in connection with the emergence (or fulfillment) of a specific civil legal obligation (to provide certain services, perform work, or even simply pay money to a certain person), in which the citizen was a party, then his counterparty has no right disclose the information received either about the citizen himself or about third parties who participated in this obligation (for example, in whose favor it was concluded) (clause 2 of article 152.2 of the Civil Code).

Also, the unlawful dissemination of information about private life is considered to be its use in the creation of works of science, literature and art, if such use violates the interests of a citizen. Such restrictions imposed on participants in various civil legal relations arising in the sphere of both purely property and creative relations arise from the direct prohibition provided for in paragraph 1 of Art. 152.2 Civil Code. Without the consent of a citizen, it is not permitted to collect, store, distribute and use any information about his private life, including information that does not fall under the regime of specially protected secrets (in particular, about his origin, his place of stay or residence, his occupation or marital status), unless otherwise expressly provided by law.

It is not a violation of this rule to collect, store, distribute this information in state, public or other public interests, and also if information about the private life of a citizen previously became publicly available or was disclosed by the citizen himself or at his will (Clause 1 of Article 152.1 of the Civil Code) . The latter has become widespread on the Internet, where on their personal pages of social networks, many citizens, on their own initiative, disseminate a variety of (sometimes very intimate) information about their private lives.

Depending on the nature and method of illegally obtaining, storing or disseminating information about private life, the court, at the request of a citizen, determines a specific method of protecting his violated right. Thus, if information is contained in documents, video recordings or other tangible media, a citizen has the right to demand not only the removal of the relevant information, but also the suppression or prohibition of its further dissemination by confiscating and destroying the material media, if without this it is impossible to remove the relevant information. No compensation is provided for destroyed material media (discs, video recordings, documents, etc.) made for the purpose of their introduction into civil circulation.

Depending on the specific circumstances, a citizen may also resort to those methods of protecting his private life that are provided for in paragraph 2 of Art. 150 GK. In the event of the death of a citizen, this right is granted to his children, parents and surviving spouse.

4. Right to freedom of movement

enshrined in Art. 27 of the Constitution, according to which everyone who is legally present on the territory of the Russian Federation has the right to move freely, choose their place of stay and residence. Art. corresponds with this constitutional provision. 2 of Protocol No. 4 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, according to which everyone who is legally present in the territory of a state has the right to freedom of movement and freedom of choice of residence within that territory. Art. comes from this. 150 GK. The content of this right is specified in the Law on Freedom of Movement.

The essence of this right is that only the citizen himself can decide where, how long he will live, what places to visit, where his permanent or temporary place of residence will be. The analyzed right includes a number of powers: 1) the right to move freely within one’s state; 2) the right to choose a place of stay; 3) the right to choose a place of residence (permanent or primary); 4) the right to free travel outside the Russian Federation; 5) the right to unhindered return to the Russian Federation. This list is not exhaustive, since it concerns only the main possible ways of realizing freedom of movement.

For a long time, the right to freedom of movement was limited by the permissive registration procedure that existed in the USSR. In the Law mentioned above, the term “registration” itself is not used at all, but refers to the registration of citizens. This means that a citizen should not seek consent for residence from representatives of executive, administrative or other authorities. Registration only implies the obligation to report the place of one’s new permanent residence to authorized government bodies within a specified period of time (seven days) (Article 6 of the Law). The latter must complete registration within three days from the date of presentation of documents.

Restrictions on the right of citizens to freedom of movement, choice of place of stay and residence within the Russian Federation are permitted only on the basis of law. In particular, such restrictions can be established in the border zone, in closed military camps, in closed administrative-territorial entities, in environmental disaster zones, in certain territories and in populated areas, where in case of danger of the spread of infectious and other mass diseases and poisoning of people special conditions and regimes for population residence and economic activity have been introduced; in territories where a state of emergency or martial law has been declared.

On the socio-economic rights of citizens

If basic personal rights cannot be shared with their owner and most of them a person receives only when he is born, what relates to the socio-economic aspect is often acquired in the process of life as he grows up. This area is directly related to production relations and the distribution of material goods. This area is designed to meet the economic needs of every Russian.

What is included in the list of rights

The group includes the rights:

• To work. You may or may not perform work. You are entitled to a monetary reward for your work. When starting work, you first sign an agreement with the employer, who is obliged to comply with the laws of the country and in particular the Labor Code. How to find a job, for example, in Moscow, read here.
• The first point implies the right to fair working conditions and an eight-hour working day, a 40-hour working week. Your work must be adequately paid. What is the average salary in Russia, see here.
• For social assistance. Every citizen of the Russian Federation has the right to receive benefits and preferences corresponding to his status. These are pensions based on age, length of service, disability, compensation, benefits and other payments for socially vulnerable segments of the population or persons who have special merits to the state. Useful article – pensions in different European countries.
• For housing. This means that your housing should be affordable and accessible, suitable for normal life, and consistent with the cultural traditions of your family.

  

  Basic socio-economic rights in the Russian Federation

• For health protection. Every person can count on being provided with honey if necessary. help. You can achieve the highest level of mental and physical health. This is also stated in the European Social Charter.

The point is that every person with or without citizenship should be provided with the necessary material benefits.

On the inadmissibility of publishing information about private life

On March 13, “AG” published news regarding the Determination of February 12, 2022 No. 274-O of the Constitutional Court of the Russian Federation on the complaint of Sergei Bezrukov, who questioned the constitutionality of paragraph 1 of Art. 152.2 of the Civil Code of the Russian Federation, since, according to the meaning given to it by certain law enforcement practices, this norm allows for the collection, storage, distribution and other use of information about the private life of a citizen (in particular, by virtue of his profession working with the public) without his consent by the media and other persons with reference to “public interest”, as well as in cases where information about private life has previously “become publicly available”.

If the Constitutional Court website provided the opportunity to familiarize itself not only with judicial acts adopted on complaints, but also with the complaints themselves, the public would have more information about the essence of the problems in legal regulation raised before the Constitutional Court in the complaints.

These problems are not always resolved by initiating constitutional proceedings based on the applicants’ complaints. This is what happened with the complaints of Sergei Bezrukov.

It must be emphasized that incorrect headlines and comments in certain media reflected the situation with the complaints under discussion and with Determination No. 274-O itself not only inaccurately, but often exactly the opposite. In this regard, it is necessary to explain what actually happened.

Sergei Bezrukov sent four complaints to the Constitutional Court

The grounds for the first two complaints were stated to be legal uncertainty as to whether Art. 23, 24, 19 of the Constitution of the Russian Federation, provisions of paragraph 1 of Art. 152.2 of the Civil Code of the Russian Federation in the part in which they, according to the meaning given to them by certain judicial panels, allow the possibility of collecting, distributing and otherwise using information about the private life of a citizen without his consent with reference to “public interest”.

It would seem obvious: without the consent of a citizen, collecting and distributing information about his private life is prohibited by Art. 23, 24 of the Constitution of the Russian Federation, clause 5, part 1, art. 49 of the Law of the Russian Federation “On the Mass Media” (hereinafter referred to as the Law on Mass Media), paragraph 7 of Art. 3, part 8 art. 9 of the Federal Law “On Information, Information Technologies and Information Protection” (hereinafter referred to as the Information Law).

But some judges, with strange persistence, argue in judicial acts about the alleged admissibility of the uncoordinated collection and dissemination of private information about citizens with reference to some “public” or “other public” interest, erroneously identifying “public and other public interests” with any public interest, especially to public figures widely known in society.

Such “approaches” create episodes in judicial practice that reach the point of absurdity, for example:

• “...plaintiff B. is a famous Russian theater and film actor, People’s Artist of Russia... is a public figure engaged in creative activities on the territory of the Russian Federation,” “... in this case, the collection, storage, distribution and use of information about the plaintiff’s private life was carried out by the defendant in public interests, and therefore are not a violation of the prohibition established by paragraph one of paragraph one of Article 152.2 of the Civil Code of the Russian Federation" (decision of the Savyolovsky District Court of Moscow dated August 17, 2016 in case No. 2-4076/16, appeal ruling of the Judicial Board in civil cases of the Moscow City Court dated February 8, 2022 in case No. 33-4505/2017), - and this despite the fact that the same court established that “... the photographs were taken with a hidden camera, not at any public events, ... evidence obtaining the consent of the plaintiff for the use of his image by the defendant was not presented" (!!!);
• “... information about a public person conducting family leisure activities within the Russian Federation on the territory of the Karelian Isthmus ... is certainly of public interest as a guide for shaping people’s behavior ... in this case, when organizing and conducting leisure activities” (decision of the Savyolovsky District Court of Moscow dated June 15 2016 in case No. 2-3669/16) - despite the fact that the personal life of the plaintiff and her family was filmed without her consent with a hidden camera through the window of a holiday home and published without consent in online media; this decision was overturned by the court of appeal as unfounded and illegal (appeal ruling of the Judicial Collegium for Civil Cases of the Moscow City Court dated October 14, 2016 in case No. 33-39736);
• “... topics about gender relations, problems in relationships between men and women, including during marriage, ... in the opinion of the court, information about the birth of illegitimate children related to public figures ... certainly represents public interest as a guideline for the formation of those or other models of people’s behavior, the development of value systems and the resolution of moral and ethical problems that arise between married spouses” (decision of the Savelovsky District Court of Moscow dated July 7, 2016 in case No. 2-3979/16), - this the decision was also overturned by the appeal court as unfounded and illegal (appeal ruling of the Judicial Collegium for Civil Cases of the Moscow City Court dated April 12, 2022 in case No. 33-7215/2017).

But the wording of the norm in paragraph 1 of Art. is extremely unsuccessful from the point of view of legal technology and law enforcement. 152.2 of the Civil Code of the Russian Federation are still in effect, which allows the said provision to be misinterpreted, for example, as is done in the cited judicial acts, guided by the unlimited breadth of judicial discretion provided by this norm in its current edition.

Two other complaints from Sergei Bezrukov concerned the even more incorrect wording of Art. 152.2 of the Civil Code of the Russian Federation: “The collection, storage, distribution and use of information about the private life of a citizen ... in cases where information about the private life of a citizen previously became publicly available ...” is not a violation of the rules established by the first paragraph of this paragraph...”

If we proceed from the literal meaning of this condition, we can mistakenly assume that information about the private life of a citizen can become “publicly available”, as a result of which it may lose legal protection and protection, although this is contrary to Art. 23, 24 of the Constitution of the Russian Federation, as well as the legal position of the Constitutional Court, expressed, for example, in the Determination of June 28, 2012 No. 1253-O, which states: “based on the requirements of Articles 23 (part 1) and 24 (part 1) of the Constitution of the Russian Federation “, any information about a person’s private life is confidential, and therefore, in any case, it belongs to restricted access information.”

Most judges correctly resolve cases on the protection of private life, pointing out that information about the private life of citizens does not belong to “public information”, since access of other persons to information about the private life of citizens is limited by law, in particular Art. 23, 24 of the Constitution of the Russian Federation, art. 1, 150, 152.1 Civil Code of the Russian Federation, clause 5, part 1, art. 49 of the Law on Mass Media, paragraph 7 of Art. 3, part 8 art. 9 of the Information Law, but – as in the case of “public interest” – the defect in the rule leaves room for miscarriages of justice.

The complaints criticized as unconstitutional the erroneous practice created by certain judicial panels, allowing, under the pretext of “public or other public interest”, as well as “earlier dissemination in the media,” the collection and dissemination of information about the private and family life of public persons without their consent, which leads to to infringement of the rights and discrimination of cultural and artistic figures, sports, public figures and other people speaking in public, on the basis of belonging to a profession, a social group of so-called “public figures”.

The idle and unlawful “interest” of gossip consumers in any information about a public figure cannot be identified with public interest, i.e. with what is useful to the whole society. The Constitution of the Russian Federation guarantees public figures no less than other citizens of Russia the right to privacy and prohibits affecting people’s rights based on their social affiliation.

Having considered the complaints of Sergei Bezrukov on these problems, the Constitutional Court found that the norm of paragraph 1 of Art. 152.2 of the Civil Code of the Russian Federation does not contain uncertainty from the point of view of its compliance with the Constitution of the Russian Federation, it is simply that the courts need to correctly apply this norm, guided, among other things, now by the explanations given in Definition No. 274-O, which directly states: “Thus, the courts, when considering specific cases, it should be taken into account that information about private life, especially of an intimate nature, cannot be recognized as socially significant information only because it concerns a public (widely known in society) person, including representatives of creative professions.”

Determination No. 274-O, with reference to a number of decisions of the ECtHR, Resolution of the Plenum of the Supreme Court of the Russian Federation of June 23, 2015 No. 25 and Russian norms, sets out the criteria that should guide Russian courts when resolving cases on the protection of rights to privacy and image protection, namely:

1) details of the private life of a person, no matter how famous, cannot generally be considered a contribution to a discussion of public interest;

2) if the purpose of the publication is to make a profit, the citizen’s consent to the use of information about his private life, including the image, is necessary;

3) if the purpose of the publication is to satisfy ordinary people’s interest in private life, including images, obtaining the citizen’s consent is also necessary.

The fact that individual judicial panels, when considering Sergei Bezrukov’s claims against the media, which served as the basis for filing complaints with the Constitutional Court, were not guided by the stated approach and criteria, does not fall within the competence of the Constitutional Court, therefore the initiation of constitutional proceedings on the artist’s complaints was refused.

At the same time, it should be noted with satisfaction that by Decision No. 274-O the Constitutional Court additionally focused attention on the problem of the public danger of causing harm by the uncoordinated dissemination of information about the private life of public persons and their images, including on the Internet, pointing out that the practice of the ECHR , and the position of the Supreme Court of the Russian Federation on this issue are uniform: violating the rights of public persons by speculatively introducing ambiguity into the interpretation of the phrase “public or other public interest” is illegal and unacceptable!

Did Determination No. 274-O raise any questions?

Yes, there are questions. They are associated with a separate, very serious problem that worries many practitioners. The applicant did not touch upon her in his complaints, but for some reason the Constitutional Court somehow “by the way” touched upon her.

The Constitutional Court noted that the applicant was not deprived of the opportunity to apply in accordance with the established procedure with a demand to stop issuing information about the index of a site page on the Internet, allowing access to information about a citizen, distributed in violation of the law, which is unreliable, as well as irrelevant and no longer relevant for the citizen due to subsequent events (Part 1 of Article 10.3 of the Law on Information), however, he did not use this method of protecting his rights.

Unfortunately, not all illegal publications about Sergei Bezrukov could even theoretically require the cessation of issuing links, since some of the publications were in print media.

With the same publications that were distributed on the Internet, there was another difficulty: submitting a request to stop issuing links requires providing evidence that the information posted through the links is being distributed in violation of the law (in this case, in violation of the law on the protection of privacy life and personal images). In the absence of a court decision that has entered into legal force and established the fact of violation of the law, the requirement to stop issuing links loses the prospect of being fulfilled. And in those cases in which the applicant filed complaints with the Constitutional Court, the situation was exactly this: the courts erroneously did not establish facts of violations of the law.

Under these circumstances, I believe that the applicant made every attempt to protect his violated rights by all means provided by law.

Considering the relevance of the topic, I invite my colleagues to share on the pages of “AG” their experience in the practical application of the norm of Part 1 of Art. 10.3 of the Information Law.

What do cultural rights provide?

As society develops, its legal scope also expands. In addition to material things, people also need spiritual things. They can and should develop spiritually. Using the rights of a cultural destination, you can:

• Get education. It must be accessible and acceptable.
• Learn in your native language and express your thoughts in it.
• Be creative and choose the direction in which you want to create. Your right to choose stylistics, directions, themes, visual means, etc.
• Use academic freedom, that is, strive to learn the truth in ways that you consider acceptable. The state and other services have no right to stand in your way. Your academic freedom should not be limited in any way.

This legal direction belongs to the second generation and has been implemented in most developed countries.

First hand. Human rights. The Commissioner for Human Rights in the Russian Federation, Tatyana Moskalkova, tells the story. We recommend watching it.

What are environmental rights?

In modern society, such a concept as environmental rights is also used. Until recently, people did not think about how their activities harm the planet and humanity living on it.

The current situation forces us to make decisions in terms of environmental protection. Environmental rights give every person the following:

• Live in a healthy environment.
• Receive reliable information about the state of the environment in which you are located. If an environmental accident occurs, people who may be affected by it must be immediately notified and, if necessary, removed from the place where life and health are dangerous.
• Receive compensation for damage incurred as a result of an environmental violation.

This legal area is in the process of improvement and development.

Environmental rights. Excerpt from Art. 42 of the Constitution of the Russian Federation