Although the modern system of higher education (as it exists) has more than discredited itself, the possession of knowledge of a different profile is still very important. Especially if they relate to their own rights and freedoms of just a person and a citizen of the state. This not only leads to an understanding of their place in society, but also helps to find the right ways to protect themselves in case of illegal actions by other citizens or even authorities. Let’s see what administrative and legal guarantees of freedoms and rights exist for citizens. And also consider who stands in their defense and monitors their implementation.
Legal status of an individual (PSL)
From the moment of birth to the last minute of life, each person becomes the owner of a whole chain of rights, freedoms and duties. It is they who form the so-called "legal status of the individual." The latter determines its legal position in a particular state.
The components of the PSL are enshrined in the Constitution. In different countries, they may vary slightly. Moreover, they must comply with the new concept of human rights, which is the same for all states that call themselves democratic.
One of the main components is the administrative and legal status of a citizen (APSG). This is not only a documentary consolidation of his position in society, but also a complex of subjective rights, legal duties, guarantees and responsibilities established by administrative law. Simply put, this is all that a person receives on the basis of the fact that he was born on this earth. And also what he is obliged to do in response so as not to lose all that is given.
What are the administrative and legal guarantees of freedoms and rights for citizens?
Any beautiful theory always has problems with practical implementation. Similarly, with APSG. To ensure that its components are not unfounded, but also implemented, certain guarantees are provided for the possibility of exercising rights and freedoms for citizens. In fact, this is a well-functioning mechanism that allows you to regulate the use by persons of special advantages (granted by the homeland) and the fulfillment of duties assigned in return.
The presence of administrative legal guarantees of rights for citizens is very important. After all, they determine the degree of trust of the inhabitants of the country to its administrative apparatus. And without this confidence in the inviolability of their position in this state, there will be no compliance with its laws and the fulfillment of all its obligations.
For example, if a person is not sure that having fulfilled the legal deadline and receives a monthly maintenance (pension), he simply will not pay contributions to the corresponding fund. Moreover, he will use these funds to open a deposit, invest in securities, invest in business, etc. If such a citizen is alone, this will not cause much damage to the economy. But if there are thousands or hundreds of thousands, the State Pension Fund will lose a tangible amount of financial income. As a result, he will not be able to timely and fully pay maintenance to persons who have already retired. And this will cause a new wave of discontent and a decrease in trust and, as a consequence, deductions. And all in a circle.
In order to prevent such situations or to be single, each citizen should be provided with the opportunity to use all the rights and freedoms laid to him (subject to the observance of duties). This must be guaranteed by the state, in the person of governing bodies, using for this purpose all the resources available to it.
Moreover, the level of ensuring the implementation of constitutional freedoms and rights for citizens is an indicator of how democratic a country is. In addition, the strength of guarantees is a certain external mechanism for limiting power. After all, it is designed in such a way that it absolutely always strives to strengthen its presence in all spheres of human life. Often, due to the infringement of all the same freedoms and rights for citizens, the protection of which is charged to her. The higher the guarantee that even with excesses on the part of the administrative apparatus, a person can achieve justice for himself, the greater his confidence in the state. As a result, more thorough implementation of their obligations. What any sane society strives for.
Who stands for the protection of civil rights and freedoms?
For this mechanism to work, there must be something that instills confidence in the inhabitants of any country that they will always receive their due. Most often, such a guarantor is positioned by the head of state. For example, administrative and legal guarantees of rights for citizens in the Russian Federation, Belarus, Ukraine, Poland, France, etc. are provided by the presidents of these states. Although this may be the Chancellor, the Prime Minister, etc.
Such a perception of the head of state as a guarantor of compliance with the law is not entirely true. Since such officials and their apparatuses in practice are only custodians. While the guarantor of the freedoms and rights of citizens in any country is primarily a law (Constitution) and only it. For any ruler and his subordinates - a temporary phenomenon and often devoid of objectivity. They get their power and can use it only within the framework of the law (which is the absolute), which, as it gives them these rights, can deprive them.
It should be borne in mind that the Constitution, although it is an unchanging legal ideal, should eventually be amended, evolving along with the new realities of society. At the same time, there are a number of criteria that should not be violated under any circumstances, if amendments are made to the fundamental law. They are needed so that those in power do not take advantage of such an occasion, to establish conditions favorable to them, restricting the freedoms of ordinary citizens.
- Laws cannot be issued or amended if they repeal or infringe ADPG.
- There is a certain list of rights and freedoms that, in principle, cannot be limited by the state.
- Exceptions are possible, but each such case should have a clear reasoning and be approved by independent foreign observers.
- It is impossible to apply a single legal act (which affects the rights and freedoms of the individual) until it is officially published for the public. Nevertheless, records of this kind, which enter into force upon their adoption or signing, are unlawful.
What is an ombudsman?
If the law is the main guarantor, and the administrative apparatus is its custodians, then who in practice protects ordinary people? This role is performed by the Ombudsman. This is the name of the official who is entrusted with the duty to monitor the observance of all the freedoms and rights of citizens of a particular state. In different countries, the position of Ombudsman is called differently. In the Russian Federation, this is the "Commissioner for Human Rights."
His area of activity includes:
- ensuring the restoration of violated constitutional freedoms of citizens, foreigners and stateless persons located in the country;
- consideration of complaints about decisions, actions / inaction that entailed a violation of human rights;
- education of residents of the country regarding their situation and capabilities;
- participation in improving legislation on this issue;
- development of international cooperation in this field.
Procedure for handling complaints to the Ombudsman
The Commissioner for Human Rights does not work alone. He has a whole device that filters all calls to him. Sifting out those that do not require the personal involvement of the Ombudsman.
Before you get to the table, any document goes through a two-stage system of "filtering" by the authorized device.
- As soon as a complaint has been submitted to the department, it is recorded, and must be considered no later than 10 days later. First of all, attention is drawn to the correctness of the preparation of the document and its duration.
- If everything is formally correct with the complaint, they should send it to the table to the Ombudsman. In practice, the employees of his apparatus often give answers themselves, in accordance with legislative norms. As a rule, an authorized person deals with only 10% of all documents submitted to him.
Classification of freedoms and rights of a citizen
Before you deal with the classification of administrative guarantees, it is worth learning about what freedoms have been granted to a person from the moment he was born in a democratic state.
All of them are divided into three categories:
- Personal (civil).
- Socio-economic, cultural.
- Political.
Based on this classification, the following administrative and legal guarantees of rights for citizens are distinguished:
- Economic.
- Political.
- Organizational administrative and legal guarantees of the rights of citizens in the field of government.
- Legal
Let us consider in more detail each of the above administrative legal guarantees of rights for citizens.
Economic
As the saying goes, "man does not live by bread alone," but when the stomach is empty - not to the lyrics. That is why economic guarantees are one of the basic ones. They include the stability and efficiency of industry in the country, a stable financial system and national currency, timely payment of salaries, pensions and due allowances, insurance.
This also includes a high living standard, and in addition, an increase in the well-being of citizens.
Political
These guarantees provide for the first place of a person in any society and state with the recognition of freedoms and human / civil rights as the highest value.
In fact, political guarantees are a mechanism that protects a country from the appearance of absolutism in it and prevents one person or their group from concentrating all power in their hands.
Legal (legal)
This type of guarantee is enshrined in laws and regulations. In various classifications, he has different ways of interpreting. Most often it is presented as one of the varieties of administrative legal guarantees of rights for citizens. Sometimes everything is classified exactly the opposite. Then APGPG appear as one of the subspecies of legal guarantees.
Moreover, in each of the classifications they are divided into two categories: judicial and extrajudicial.
Judicial warranties are preferred. Since the Constitution puts the justice system as a whole (as well as all its components) in the first place in the protection of the rights and freedoms of citizens. In any democratic country, every ward is guaranteed judicial protection of his rights and freedoms. Moreover, it is this instance that has the right to appeal against decisions, actions / inaction of state authorities, local self-government, various public associations or individual officials.
If a person (whose rights and freedoms were illegally restricted) could not achieve justice through all domestic legal remedies, she has the right to apply to international bodies for the protection of human rights and freedoms.
Extrajudicial legal guarantees are wider and more diverse than judicial ones. Moreover, not only in content, but also in form, order of implementation and subject composition. In fact, the entire system of local government and executive authorities is called upon to serve as an arbiter. Taking care to observe all the freedoms and rights of citizens under the Constitution.
This guarantee category includes the following:
- The President’s right to suspend acts of executive authorities in the event that they violate rights and freedoms until this matter is resolved in court.
- The right of a citizen to personally apply to the relevant authorities.
- The right to compensation for damage caused by unlawful actions / omissions of state authorities in general or their officials in particular.
- The right of an individual to protect his freedoms by all means available under the law. For example, seek help from non-governmental organizations; to suspend work if it is not paid or if working conditions are harmful to health and are contrary to the Labor Code; strike or take part in peaceful protests. It is interesting that in the legislation of Poland several centuries ago, its citizens (nobility) were allowed to raise a rebellion against the king and the ruling elite if their rights and freedoms were infringed. This is the so-called "rokosh". By the way, such a right to resist royal power was legalized in many medieval European states.
- Safeguards also include established mechanisms for the examination of cases of offenses. A strict adherence to it allows attracting citizens to administrative, disciplinary and material liability for unlawful actions, only if there is real reason for this.
Organizational
These types of guarantees include the entire ramified system of inspecting, supervising, controlling, law enforcement, and other state and public organizations. Hence the name. These include the judiciary, the prosecutor's office, the police, the bar and others.
Although most of us perceive such structures mainly as punitive. In fact, their goal is to maintain balance by standing guard over the rights of each individual citizen or group.
Contact Forms
In case of violation of his rights or freedoms, a person has the right to apply for protection to higher officials or to higher bodies. This can be done both orally (personally) and in writing. In the second case, the appeal can be both individual and group in nature. Regardless of their form, all reviews are free of charge. In other words, the state assumes the costs of studying the appeal (not to be confused with legal costs). Thus, regardless of the financial security of the individual, she receives equal opportunities to protect her rights.
The following forms of treatment are available.
- Proposals are a personal initiative of citizens, the purpose of which is to make improvements in the socio-economic, political or other spheres of activity of the state and society.
- A complaint is a person’s request for the restoration / protection of violated rights, freedoms or legitimate interests of his or another person (group).
- Statement. Like a complaint, it is a request. Moreover, it is not about protection, but about assistance in the realization of their rights established by law. Such a document may contain data on violations in the work (including criticism) of both individual officials and entire organizations.
Regardless of the form of appeal and reaction to it, every citizen has the right to provide him with the opportunity to familiarize himself with documents and materials directly affecting his rights or freedoms. Except if the data contained in them, if released, may adversely affect the state as a whole.
By the way, information of this kind, if it is not true or was obtained illegally, can be appealed by a citizen through a court. Moreover, both the data itself and the decision made on their basis.