The rule of law is one in which the rule of law exists for all sectors of society. In it, human rights are protected by law, and the judicial branch is independent of the legislative and executive branches of government. Laws in such a country are adopted for the benefit of society as a whole and each citizen individually. Based on these provisions, can it be argued that Russia is a rule of law state? Or is her status only de jure?
The problems of the formation of the rule of law in Russia have been around for centuries. Until 1861,
serfdom existed in our country
. By decree of Alexander II, it was canceled. But the question is, is this legacy obsolete or is it still prevailing over us. Legislation protecting the rights of ordinary people at that time was not adopted. Since then, by and large, little has changed.
An attempt to claim that Russia is a rule of law state, or at least trying to become one, was made during the 1905 revolution. Under pressure from the masses, the State Duma seemed to even agree to the adoption of the Constitution, but soon the fairy tale was affecting, and things were being done in Russia very slowly. The First World War and the subsequent revolution put an end to this attempt. The Bolsheviks already adopted the constitution in 1918, but the dictatorship of the proletariat was legislatively enshrined in it , and the rights of the citizen and its postulates diverged. The law continued to be simple
declarative
concept. Constitutions have changed several times, but the situation of human rights and the attitude of legislation to them have not changed.
They started talking about the fact that Russia is a legal state, after the collapse of the USSR and the putsch of 1993. The authorities once again declared their desire to create a constitution that works for people and to respect the rights of their citizens. At the same time, the Declaration of Human Rights and the Declaration of the Rights of the Child were signed. I must say that the Government of Russia of the first half of the 1990s easily signed various legislative acts that were not financially supported, and many laws lacked a mechanism for implementation. In this regard, we have gone in a new circle. The legislative framework was not supported by additional incentives; execution algorithms were absent. This is probably the main problem in the formation of the rule of law in Russia.
At the moment, the authorities are trying to prove to the citizens of the country and the world community that Russia is a rule of law not only de jure, but de facto. By
by and large, if one sets such a goal and proves how legal the state Russia is, then this can be determined empirically. Having analyzed the situation at the moment, one thing is certain. Today, the country is at a stage of development in which the scales can lean in one direction or another. There is a government (especially with regard to local self-government) trying to prove to itself and others that its will is the law, nothing changes in the country. There are citizens who have already proved to the authorities that there is a law that is one for all. And there is a huge layer of the population that adheres to neutrality (away from sin). So whether we will live in a state of law depends directly on how we ourselves will comply with the law and demand this from the branches of government.