Man and the state have always been mutually complementary categories. Because it was through human activity that the political system appeared in this world. Few people know that this structure is exclusively social. An analysis of history confirms this as well as possible. After all, at the very beginning, people were scattered among themselves. Subsequently, they began to gradually unite in groups, which increased over time. This process led to the emergence of the state in the form in which we are all used to seeing it. But with the development of this category, a problem arose with the regulation of relations within it. There were several ways to coordinate public relations in the state. The first was violence. But it did not bring the proper result, because its use should occur with the hands of a strong leader, who is not always there. After the violence, religion was tested. However, its effect has spread exclusively to believers. The last “option” was law. It is used to this day. With the help of law, the legal regimes of a state, a person, and their relationship are determined. As for the last two categories, they exist in such a concept as the rights and freedoms of man and citizen, which will be discussed later in the article.
Concept of law
In order to clearly consider the rights and freedoms of man and citizen, the concept and types of which will be presented later in the article, it is necessary first of all to understand where they come from. Of course, the initial category in this case is law in its classical form. However, despite the prevalence of this term, few people know what it is. Considering the theoretical developments in this area, we can conclude that law is the main regulator of social relations, built on the principle of universality and normativity. In a structural form, this category is a hierarchical system of legal norms that affect certain social relations. In this case, the rights of a person and a citizen, the concept and types of which will be presented below, are the link between the said regulator and society itself.
Human rights
Types of human and civil rights can be classified according to many criteria. However, first of all, one should understand the concept of this specific category. In the legal literature there is a different opinion about human freedoms. Nevertheless, there is the most “classical” concept. According to him, human rights are a set of specific rights that determine a personal legal regime. That is, there is a connection between a person and the legal system of a state. The main types of human rights are usually enshrined in the main regulatory documents, namely the Constitutions of States.
What role do human rights and freedoms play?
All existing types of human rights and specific powers show the degree of connection between a person and the state in which he lives. In this case, we are talking about the role of the concept presented in the article. Many basic types of human rights and freedoms are enshrined at the international level. That is, theoretically they are endowed with all people without exception. But in practice it is very often possible to see that in individual states, far from all of the legal powers of a person are realized. Thus, it is precisely by the degree of implementation of this category that one can see the degree of democracy and legal protection of citizens. Indeed, in fact, the more rights they have, the more legitimate authorities trust their population.
Difference terms
In modern science there is an opinion that the types of rights and freedoms of man and citizen are the same in essence. However, this is not the case. Universal powers are inherent in absolutely everyone. That is, they arise at birth. In turn, only citizens of a particular state can own civilians. Thus, when we try to differentiate the types of rights and freedoms of man and citizen, it is necessary to know exactly the essence of each individual term. Otherwise, the legal qualifications will not be accurate.
Normative consolidation of human rights and freedoms
Human rights, the concept and types of which are presented in this article, have normative consolidation, which is represented by individual acts. It should be noted that the legal freedoms of society have a structured, hierarchical system of regulation. The highest act in it is the UN Universal Declaration of Human Rights . It is in it that the basic and irreplaceable types of human rights and freedoms are fixed without taking into account state origin. Theoretical scholars believe that civil rights are the starting category from those that are called general and enshrined in the declaration.
As for the Russian Federation, this country is a modern democratic state. As in many such powers, human rights in the Russian Federation are enshrined in law. Basic human rights “exist” in chapter 2 of the Constitution of Russia. Thus, we can talk about the highest level of security. The protective regime of human rights consists of the norms of many legal sectors, including the criminal one.
Guarantees of freedoms and rights in Russia
In addition to the usual consolidation at the highest regulatory level, human rights and freedoms are also guaranteed by the state power of the Russian Federation. Warranties are quite diverse. However, it is thanks to them that all people can easily realize their legal capabilities and interact with federal authorities. Such guarantees today include the following, namely:
- human rights are recognized in the Russian Federation as the highest value ;
- everyone is equal before the court and the law, that is, the implementation of basic powers and freedoms is carried out without harm to the similar legal capabilities of other persons;
- men and women are completely equal in their legal regimes;
- international, universally recognized norms have undeniable authority over the laws of the Russian Federation;
- there are strict frameworks on the basis of which any kind of restriction of human freedoms occurs;
- in the Russian Federation it is forbidden to use the main legal powers of people to incite war, racial or religious hatred, change the political or territorial structure of the state, etc.
These types of guarantees of human rights play a significant role in the implementation of basic powers. In addition, they are mostly fixed at the legislative level, which makes them generally binding.
Basic Human Rights
There are several basic classification types of all available human rights and freedoms. All of them were formed on the basis of the existing legal doctrine. Fundamental rights, as a rule, belong to everyone, however, only citizens of certain states may possess some of them. Thus, the following rights and freedoms are distinguished, namely:
- Personal
- Political.
- Social.
- Economic.
- Cultural and environmental.
Each species has its own characteristics and characteristics, which the author will describe later.
Personal human rights
Personal rights of a person belong to the first generation of legal opportunities. That is, their presence is not caused by anything and is rather difficult to limit. Personal rights are natural and inalienable. As an object of claim, the state cannot use them. The presence of such legal powers is necessary during the construction of a civil, democratic society. Personal rights today include the following, for example:
- the right to life ;
- personal integrity;
- The right to personal dignity;
- the right to use the native language;
- have an inviolable housing;
- have free movement on the territory of the Russian Federation.
Depending on the state, personal human rights, the concept and types of which are presented in the article, can be supplemented at the level of the Constitution.
Political Rights
Personal freedoms of the second generation can be called political rights. This group shows the relationship between man and the state, and also ensures the real participation of citizens in the political process of the country. Political rights, in fact, are a product of democracy, since their concept was formed during the active revolutionary movement around the world. The degree of actual realization of political rights shows the level of democracy of the state. To date, these legal options include:
- The right to elect and be elected to political authorities.
- The right to real participation in the affairs of your country, as well as society.
- The right to absolutely equal access to a state service.
- The right to create trade unions.
- The right to hold various meetings, rallies, etc.
In the Russian Federation, political rights exist and are actively exercised by the citizens of this state, which allows us to judge the high level of democracy in the country.
Economic competencies
Economic rights and freedoms of man show his role in the process of distribution of material wealth and building the economy of the state as a whole. In addition, with the help of economic competencies, people have access to the common market to improve their financial situation. Economic rights include the following:
- The right to own private property.
- The right to have land in the structure of private property.
- The right to free entrepreneurial activity.
- The right to inherit property and other goods.
Environmental, social and cultural rights
Today, there are a number of competencies that govern the most dynamic sectors of human life. Among these can be attributed social, environmental and cultural spheres. Through their rights, people realize their personal interests. In this case, the powers of the presented nature are simply necessary, because thanks to them, a person has housing, realizes his creative ideas, works freely, lives in clean settlements, etc.
Conclusion
So, in the article we examined the concept and types of rights and freedoms of man and citizen. This aspect still needs theoretical refinement, so that the legal system of our state works efficiently.