Each person, without exception, can be considered not only from his social side, but also biological. In addition to this, people constantly interact with each other through various institutions created by them. One of them is law. This specific phenomenon appeared long ago in the process of people searching for the best way to control their own kind. As history has shown, the search was not in vain.
Today, thanks to law, almost the entire life cycle of the world's population is carried out. Moreover, this social phenomenon has been modified many times, which led to the emergence of a large number of types of law. But in this article, the author would like to dwell on the issue of interaction between a person and the state, which is carried out through a particular legal industry. It should be noted that this interaction exists due to the inherent attributes that are endowed with each and every person, citizen or association of individuals. These attributes are rights and obligations.
Concept of law
Human rights and obligations are elements that give everyone the opportunity to interact in a particular area of life. However, all these elements are indestructibly connected with one phenomenon - law. Therefore, before considering the concepts of law, duties, you need to first understand the essence of the general term.
As mentioned earlier, this phenomenon exists to regulate social relations. In classical theory, law is a system of generally accepted, generally binding, guaranteed by state authorities norms that directly regulate the relations of society in a particular field of activity. In every country that exists today, law has its own characteristics. Therefore, it is difficult to distinguish two completely identical legal systems. It should be remembered that this regulator of public relations is structured, so it is necessary to consider its fundamental elements separately.
System of law
The process of regulation by law is carried out directly through the basic elements of this system. Scientists usually identify the three most important elements of law: industry, institution, norm. The branch of law is a combination of the most similar social relations, united by a single subject. They provide regulation in one specific industry. In turn, the branch of law is also a separate system consisting of institutions and norms. Thus, in the general legal structure, it is precisely thanks to the branches that specific generally accepted human frameworks find their application.
Subjects of law
Regulation is a structured and targeted process. Its specific “target” is a separate subject of law. it a category that characterizes a specific natural or legal person to which the rules of a particular legal industry apply. It should be noted that each and every person is an entity of the national legal system. And only when choosing a specific field of activity, a person or organization becomes the object of action of specific legal norms. Thus, the subject of law is a category that shows the distribution of individuals in the legal fields.
What are rights and obligations?
Given the above data, it is possible to answer the question of what are rights and obligations. These are the components of the legal regime in a particular industry. Owing to rights and obligations, individuals or legal entities can realize their interests at a legally regulated level, to the extent that this is permitted by the state.
To avoid a large number of misconceptions, one rather interesting fact should be noted. Rights and obligations are regulated at three basic levels: international, national and industry. International human rights are protected and guaranteed by special conventions, treaties, etc. At the national level, rights and obligations are enshrined in state constitutions. Industry regulation is the area of special legislation that applies in specific cases. In turn, human rights are enjoyed by all people without exception. Therefore, they are of the greatest interest to practicing lawyers.
International human rights law
First of all, it should be noted the features of human rights at the international level. The key feature is that today a whole set of principles and norms has been formed that regulate and create a kind of protection of human rights. It is on the basis of these norms that an international legal industry has been formed that enshrines and regulates human rights. The international industry has actually emerged from existing regulations in this area, namely: pacts, treaties, conventions, etc. The main actors that organize the implementation of the international legal industry are world organizations such as the UN, Council of Europe, African Union, Organization of American States, etc.
Human rights declaration
The formation of a regulatory mechanism in the field of human rights began after the end of World War II. During this period, key changes took place in the human perception of the world. In all countries of the world, they realized that human rights are the main priority for the development of world politics. If you look even more globally, then this is the most correct and successful path to the future. Therefore, in 1948, the Universal Declaration of Human Rights was created. For states, this document is not binding, although many lawyers view it as a source of international law.
The provisions of the declaration are advisory, although it was on their basis that binding normative acts were developed : International Covenants on Civil, Political, Cultural, Social and Economic Rights. The declaration contains only a few peremptory norms on the prohibition of slavery and torture.
Of course, in addition to the declaration of human rights, there are a number of other normative acts that have been issued by the United Nations on the protection and realization of human rights. Thus, for the world community, human rights are the most priority area for the development of the international legal industry as a whole.
Russian Federation, national level of realization of human rights
Like any legal democratic states today, the Russian Federation is on the path to development and ensuring human rights. In the vastness of the fatherland, this institution of legal competencies is enshrined in the most important normative act - the Constitution of the Russian Federation. It should be noted that due to the existence of this normative act, we can say that the state and law are two similar and interconnected social formations. Their development directly depends on each individual person. Therefore, the rights of people must not only be taken into account, but also ensured.
The Russian Institute of Human Rights is inextricably linked with the Constitution of Russia. Therefore, its study should go through consideration of the presented normative act. Indeed, legal law is, first and foremost, a rule of conduct sanctioned by the state, and the foundation of any state is the key highest legal force law.
General information on constitutional human rights in Russia
Today, human rights in Russia are the most controversial issue. Moreover, various political forces are trying to give it an extremely unusual color. The main regulatory act, namely the Constitution, enshrined this legal institution. Chapter Two, “Rights and Freedoms of Man and Citizen,” gives a detailed description of all competencies authorized in Russia. Strict regulations of this kind at the national level are simply necessary, since the totality of what is permitted characterizes the strong connection between a person and a state, which is called citizenship.
This relationship is a structure of the rights and obligations of man and citizen. It should be noted that the last two terms are also not identical. Human rights are that natural freedom of action that belongs to everyone from birth. And civil rights are the norms sanctioned by the state, framed by certain frameworks, obligations.
Classification of Civil Rights
All rights of a citizen can be classified depending on the social relations that they directly regulate. According to the Constitution of the Russian Federation, there are six main blocks of civil and human rights connected with them, namely:
- Personal, about which it was already said earlier. They are provided to everyone directly upon birth. Personal rights include: the right to dignity, life, freedom, security, privacy of correspondence, inviolability of the home, free movement, etc.
- The economy is a key component of any state. Therefore, economic rights are also an integral part of the Constitution. With their help, the state enables people to directly influence various financial processes. Economic competencies include: freedom of business, labor, and the right to private property.
- Political rights include the right to information, freedom of association, rallies, pickets, the right to be elected, etc.
- Social competencies ensure the public life of a person in a particular state.
- The freedom of creativity, teaching, participation in cultural life and institutions are all cultural rights.
- There is such a specific kind of environmental rights. These include: the right to a favorable environment, the right to compensation for damage caused to property and health by an environmental violation.
Responsibilities of a Russian citizen
Law enforcement is a specific regulatory mechanism that arises from violations of the framework established by the state. This mechanism exists thanks to specially created legal frameworks in which absolutely all citizens of the Russian Federation are located. They are called duties. The following are considered to be the basic duties of a citizen:
- compliance with laws;
- care for incompetent parents after 18 years;
- general education;
- preservation of historical monuments;
- payment of taxes.
It should be noted that responsibilities can be supplemented by certain regulatory legal acts.
State control in the field of human rights and obligations
It should be remembered that duties and rights are specially created state borders that allow one or another citizen to act without going beyond them. In order to prevent violations of this framework, the authorities of the Russian Federation have developed a lot of various counteracting factors that eradicate any violation of rights and failure to fulfill obligations. After all, a violated right is a negative phenomenon that destroys the foundations of the Constitution.
Among the counteracting factors are regulatory acts of the administrative and criminal branches of law, the work of the police, prosecutor's offices, state security, the institution of the human rights ombudsman in the Russian Federation, etc. There are more and more such organizations and posts every year, since the Russian Federation is modern state of law.
Conclusion
So, the author considered in the article such concepts as duties and legal law. This allows you to highlight the specific features of these structures, as well as to understand the mechanism of their implementation in the real plane.