Under the constitutional legal status of an individual (citizen and person) is meant a system of freedoms, rights, duties, which are enshrined in the constitution of the country. This status is related to the legal general status. Let us analyze some aspects related to this legal term.
Compound elements
Among them, fundamental rights, duties, freedoms are distinguished. The concept of the foundations of the legal status of an individual in the Russian Federation is of particular interest, since it is supposed to satisfy the spiritual and material interests of schoolchildren. The terms “freedom” and “rights” are close, but not overlapping, concepts.
Basic rights
The structure and concept of the foundations of the legal status of an individual in the Russian Federation are closely related to the ability of a citizen and a person to perform certain actions. For example, the right to elections, education, association.
Signs of subjective law
In the form of a legal category, it is considered through a set of some features:
- the reality of the application of such a social good by an individual citizen;
- freedom of action, behavior within the limits established by the rule of law;
- a chance for compensation of the violated individual’s right by the state.
The concept of the foundations of a person’s legal status covers in full the totality of duties, freedoms, rights with which he is endowed with the norms of various branches of law: financial, civil, labor, administrative.
Important points
The general legal status of a citizen and a person is significantly larger in terms of constitutional legal status. The latter option involves only general rights, freedoms, duties. The fundamental rights of any citizen are enshrined in the Constitution of the Russian Federation. They act as a core, are the basis for the emergence of other rights and freedoms that are necessary for the full functioning of a person. The fundamentals of a person’s legal status, concept, elements of it - all this is important for an individual’s relationship with other people, the state, and society.
From the basic law, many other rights appear. For example, according to Art. 21 of the Universal Declaration of Human Rights, every citizen has the right to participate in government through either elected representatives or his direct participation. This right gives rise to other opportunities: to participate in self-government, to nominate one’s own candidate during the election campaign, to file complaints, proposals and applications to various state bodies and officials.
Basic concepts of freedom
The concept of the foundations of the legal status of an individual can be considered in several directions. For example, the word "freedom" is used in two main meanings:
- as an opportunity for a citizen to act at his own discretion;
- in the form of a subjective ability to perform any action (for example, freedom of speech, conscience).
As an active characteristic, personal freedom gives a person a chance at independence, independence.
The concept of the foundations of the legal status of an individual is associated with wide opportunities for choosing different types of active behavior that transform the activity of an individual.
In the legal framework, this is manifested in a positive method of regulating the norms of public relations.
The philosophical meaning of freedom
The concept of the foundations of the legal status of an individual is associated with the subjective ability of a citizen and a person to commit or not to perform actions that are based on constitutional norms. In a subjective sense, freedom is a legal form of individual freedom. The rights and freedoms of a citizen are not absolute, they have certain boundaries.
The concept and essence of the foundations of the legal status of a person are fixed by the state, taking into account the political and economic development of society.
Human rights are social opportunities that provide a person with a standard of living. They represent a certain catalog of opportunities and benefits that any citizen can use. They formally indicate the boundaries of human use of social benefits in different areas of economic, political, cultural and social life. The use of freedoms and rights is interconnected with human responsibility, the principles of morality and humanity.
Interconnection
The concept and essence of the foundations of the legal status of an individual must be considered as an integral part of complex social relations. The legal status of an individual is a combination of duties and rights of entities recognized by the Constitution, the powers of officials and government bodies, through which they fulfill their social roles. The core of legal status is its duties and rights.
The concept and structure of the foundations of a person’s legal status are based on the following components:
- rights and obligations;
- legitimate interests;
- citizenship;
- legal personality;
- legal relations;
- legal responsibility.
Types of legal status
Allocate a general, individual and special legal status. Considering the basic concepts and principles of the foundations of the legal status of the individual, we dwell on its types in more detail. The status of a person as a representative of the state is considered common, it is enshrined in the Constitution. The special one summarizes the features of the situation of certain categories of citizens (businessmen, war veterans, students, lawyers), and allows them to perform special functions.
Individual status characterizes the specific capabilities of a particular person: age, gender, position, marital status, seniority. It is a combination of personified duties and individual rights.
The concept of “status” is characterized by a collective nature, as it includes the legal status of people with dual citizenship, foreigners, refugees. Also, the term "legal status" expresses the individual characteristics of the person, the real position of the individual in the system of different social relationships.
The legal status also makes it possible to see responsibilities and rights in an integrated and systematic way, helping to compare statuses and open the way to their modernization and improvement.
To summarize
The 1993 Constitution of the Russian Federation enshrined the principles of the legal status of a citizen. It fixes the nature and scope of freedoms and rights, which are established by generally accepted norms and principles of international law. It characterizes and recognizes the freedoms and rights characteristic of a civilized society. They are reflected in various international documents on cultural, social, economic, political rights.
The principle of inalienability of freedoms and rights implies that from birth people receive equal opportunities. The state is not authorized to enact laws that abrogate or reduce the freedoms and rights of citizens and individuals. It cannot take citizenship from a resident of its country. Citizens are given the opportunity to act within the framework of inalienable freedoms and rights, for this they do not need to receive additional permits.
The principle of equality implies the exercise of freedoms and human rights without violating the rights of another person.
The meaning of equality also applies to the court and the law. The state must guarantee all the freedoms and rights of a citizen, regardless of his origin, language, nationality, race, gender, official or material status.
The principle of unity of duties and rights of citizens is based on the fact that there are no duties without rights, and without rights there are no obligations.
Legal status implies the sum of duties, freedoms, rights of an individual, which establish his legal status in a social society. They are endowed with a citizen as a subject of legal relations that appear during the implementation of the norms of various legal sectors.
The structure of legal status is the construction of its component parts, individual elements, their mutual actions and relationships that help ensure the integrity and unity of this concept. Only if there are links between the individual elements can we talk about the observance of all the rights and freedoms of a citizen.
The structure under consideration contains citizenship, rights, guarantees, obligations, freedoms, legal personality, as well as legal liability.
Of course, relations between the state and the individual are a complex system, therefore it is impossible to reduce the legal status only to certain freedoms and rights. Reducing this concept only to duties and rights does not allow us to fully realize the social and legal system of modern society.