The right of citizens to judicial protection is spelled out in the basic law of the state. In addition, it is guaranteed to all foreigners, individuals and legal entities. Judicial protection extends not only to the rights and freedoms of citizens that are provided for by the Constitution, but also to those specified in other laws and acts.
Definition
The right of citizens to judicial protection is guaranteed by the Constitution. It is an opportunity to appeal to higher authorities in order to defend their legitimate interests. Because all people are equal before the law and therefore they have equal rights to privacy, freedom, property, privacy of correspondence, labor, education, and inviolability of private property. Here we can note the fact that a rehabilitated person can go to court to restore justice and demand compensation for non-pecuniary damage. The accused has the right to petition for the presence of jurors at the trial. A person who has been denied employment may also go to court.
Provided by the Constitution
Everyone can go to court to protect violated rights, which is provided for by the basic law of the state. Almost any act or omission of local authorities and officials can be recognized as illegal and will be canceled.
The right of citizens to judicial protection lies in the fact that they can apply to this body and it will have to consider their application, and then make an appropriate decision. The latter can also be appealed to a higher authority.
Opportunities
The right of citizens to judicial protection lies in the fact that every person who has transgressed the law and is in the dock can ask for a trial by jury. These persons will issue their verdict, independent of any opinion. Most people think such a court is humane.
If the decision of this body is unfair, then the person will be able to appeal it to the supreme court, which also secures the right of citizens to judicial protection.
Principles
The presumption of innocence of a person is direct evidence that there is judicial protection of the rights and freedoms of citizens. Because no one can be found guilty until the verdict enters into legal force. Thus, the person under investigation cannot yet be called a criminal.
In addition, the judicial protection of the rights and freedoms of citizens consists in the fact that no one can serve a sentence twice for the same crime. The evidence underlying the sentence must be collected appropriately, without violating the provisions of the Code of Criminal Procedure. Also, do not forget that a person can not testify against himself and his family and friends. So says article 51 of the basic law of the state.
In addition, the Constitution provides for compensation for harm to a person in the event that he was caused to him by unlawful actions of authorities and officials. By the way, judicial protection of the rights and freedoms of a citizen of the Russian Federation is not always carried out in accordance with the law. In practice, there are a sufficient number of such cases.
In addition, each person has the right to exercise his defense in court with the help of a qualified defender. It is provided to the accused free of charge if, due to a lack of funds, they cannot afford a paid lawyer. A competent and highly qualified lawyer knows how to get around all the tricks of the law and help his client. In most cases, people lose processes because they don’t know how to correctly formulate their arguments and prove the case in court. Therefore, you should not hope for a miracle, but resort to the services of a lawyer.
Ensuring the right of citizens to judicial protection is emphasized once again by the fact that a person lives in a democratic state where his freedoms are the highest value.
Ways
Everyone can apply to the court to protect their interests, as well as to other bodies that have the right to resolve disputed issues.
For example, a citizen who has a difficult relationship with company management has the opportunity to turn the tide in his own direction if he writes a statement to the labor commission, after which he will already have the right to go to court. Or a buyer who has purchased low-quality goods can write a complaint to the manufacturer and get a response from him, then go to court. As a rule, all issues in such situations can be resolved peacefully, if you agree among themselves.
As practice shows, the judicial procedure for protecting the rights of citizens is the most beneficial for them. Because in this case, they can also receive compensation for non-pecuniary damage if they prove the violation of their rights.
Forms
Ensuring the right of citizens to judicial protection can be realized only in the event of a meeting. It is spelled out in the basic law of the state. In addition, when applying to this body, a case can only be considered in the form of justice.
The objects of protection in this case will be only those rights and interests that have been violated, for example: the right to education, work, the inviolability of the home, and secret negotiations. Their restoration is guaranteed by the Constitution.
The judicial procedure for protecting the rights of citizens will depend on what the application will be, as well as on the issue that needs to be resolved. For example, it may take up to two months to prepare for consideration of the case on divorce proceedings, and the requirement to pay child support is satisfied on the same day.
An important role will be played by the correct definition of jurisdiction. Everything will depend on what issue should be resolved. In addition, jurors are entitled to take part in court in criminal matters. If a person is accused of committing a particularly serious crime, the assistance of a defender in this case is provided free of charge.
Existing problems
Very often, the right of a citizen of the Russian Federation to judicial protection is not only not fully realized, but also violated by representatives of this system. In practice, quite often a person is faced with corruption and non-compliance with laws.
Accordingly, the state provides for the responsibility of officials for such offenses, but in order to prove these facts, one must have irrefutable evidence and have professional knowledge and skills. In order to comply with the judicial procedure for the rights of citizens, people simply need to seek help from professional advocates.
Labor disputes
People's appeals to the court, because their rights are violated by employers, occupy one of the leading positions in the field of civil cases. There are a lot of such examples in practice. One employee was unlawfully cut, the second was simply fired, the third was not released on vacation. Therefore, judicial legal protection of the rights of citizens is quite common.
We give an example. The employee did not come to work on time, because he could not wait for the arrival of public transport due to the large number of traffic jams. Therefore, he was late for the whole three hours. At that time, the leader, without waiting for an explanatory, simply fired him for absenteeism. Arriving employee had to pick up his work book and go to court.
When considering the case file, it turned out that the employer did not even take an explanatory note from him, but simply dismissed him. At the same time, the court defended the citizen and in its decision indicated that the termination of the employment contract was unlawful due to the fact that a delay of less than four hours was not considered absenteeism. It was enough to make a remark. The employee was reinstated in the workplace with payment of compensation for a forced absence from work.
Civil Affairs
Judicial protection of the rights of citizens and organizations is aimed at reducing the level of non-compliance with laws by state bodies and officials in the performance of their duties. The following civil cases can be classified in this category:
- divorce;
- collection of alimony for children, disabled spouses;
- illegal dismissal and non-payment of salaries, vacation pay, settlement;
- land disputes regarding land surveying;
- entry into inheritance rights;
- transactions that go beyond legal norms.
It should also be noted here that, depending on the jurisdiction, disagreements between these persons can be resolved by the world or district courts. Moreover, this category of cases is significant enough, because it offends the interests of participants in civil legal relations.
Violation of fundamental rights
Every citizen can go to court if he believes that his interests have been violated. In this case, judicial protection of the rights, freedoms of a person, citizen is enshrined in the basic law of the state. At the same time, he can use the help of a professional defender. It will not matter if he is convicted, the accused, the deputy or the head of the enterprise - all are equal before the law.
In practice, situations often arise when judicial protection of the rights of a citizen is especially necessary. This mainly applies to those cases when a person needs:
- in recovery at work, because he has nothing to feed himself and his family;
- illegal entry into his premises, which is owned and inventory of property;
- Compensation for harm caused by a criminal act.
When considering the case and studying its materials, the court tries to resolve the conflict with a maximum accuracy or make a decision that would restore social justice. Otherwise, it can be appealed to a higher authority.
Guarantees
Judicial protection of the rights and interests of citizens is prescribed in the basic law of the state. In addition, each person has the right to apply not only to the court located at his place of residence, but also to a superior. Of course, if it is possible to ensure that your interests are represented in court with the help of a qualified lawyer, you just need to use it. Because knowing only one laws is not enough to win the process, you need to be able to put them into practice.
Constitutional judicial protection of the rights of citizens is an opportunity to appeal to any state body, even to one that is located outside the country. It is also necessary to correctly file your complaint and application, because a document drawn up in violation of the stipulated procedural rules is usually not accepted for consideration.
In addition, each person can appeal to the Constitutional Court of Russia, but only if his rights, enshrined in the main law of the state, are violated by other normative acts that do not comply with it. In this case, it is necessary to take into account the fact that the application, drawn up improperly, will be rejected and returned to the citizen. Therefore, it must contain references to those legislative acts that violate the norms of the Constitution, including the fundamental rights and interests of people.
Entrepreneurship Protection
The protection of the interests of people doing business is provided for by the most important law of the country. Entrepreneurs have the right to protect their interests by all means not prohibited, they are guaranteed compensation for damage and harm, free movement of goods and services. They can also restore their business reputation.
Judicial forms of protection of the rights of citizens and entrepreneurs represent a certain activity of the competent state bodies. The bottom line here is that a person seeks help by writing a statement.
These forms of protection indicate the activities of such bodies as:
- Constitutional Court;
- arbitration;
- general jurisdiction (district, provincial, regional).
Each has its own functions and powers. As a rule, disputes between entrepreneurs, organizations, companies are considered in arbitration courts. In this case, an appeal to a state body must also be made in writing. In the process, the interests of the legal entity are represented by a trusted person from the organization. If the court makes a decision that does not satisfy both parties, they can appeal it to a higher authority.
Other forms
Protection of the rights and interests of people can be carried out in pre-trial order. Thus, it is possible to resolve the conflict without even contacting the relevant state bodies.
The following non-judicial forms of protection of violated rights exist:
- notarial, quite effective in case of divorce, when a dispute arises between the former spouses on the amount of alimony, the agreement concluded in this case will have the effect of a writ of execution;
- Arbitration, which is widespread between commercial organizations and firms;
- by writing a claim stating all the reasons why the interests of another person are violated.
Features
When a citizen goes to court, it is necessary to take into account the fact that all the materials of the case are considered by these state bodies in a certain order. Therefore, it is not worth waiting for an instant resolution of the dispute. To prepare for civil proceedings, considered by the district court, the time period for consideration from the moment the lawsuit is filed is approximately two months. While in the world this period of time is four weeks. If the case concerns only the issuance of a court order, then it can be executed on the day the application is submitted.
Before going to court, it is best to contact an experienced lawyer to help you file a lawsuit, complaint, or any other document. In addition, a person who is well versed in legislation will immediately determine the jurisdiction of the case and transfer all the necessary papers to the necessary state body, thereby saving time and nerves of his client.
Value
The fundamental law of the state guarantees every person and citizen the right to protect his interests in court. On this basis, it is impossible to consider a person guilty until it is established in the process of investigation and meeting of this state body. At the same time, no one can be convicted twice for the same crime. In the event that human rights were violated by unlawful prosecution, he can appeal to this state body with a claim for compensation for non-pecuniary damage.
Professional protection
If we are talking about violated rights and interests that need to be restored as soon as possible, then it is best for a person to consult a lawyer who will help find a legal way out of a difficult life situation. Because just knowing the laws is not enough to prove their case in court. Especially if the case is criminal. Of course, in this case, the services of a defense counsel are provided to the accused absolutely free of charge. A qualified specialist is able to draw up all the necessary applications, petitions, complaints about the actions of officials and transfer them to court for consideration.
Before using the services of a lawyer, you need to establish psychological contact with him. It should be easy to work with a person and share your feelings and problems. In addition, a citizen will be able at any time during the trial to consult with his lawyer and, if necessary, replace him with another.
Also, the citizen needs to remember that the lawyer begins to carry out his work only after the latter concludes an agreement with him, which will spell out all the conditions for his interaction with the client. Without this document, a professional lawyer is not entitled to represent a person in a judicial authority.