Formalization of Guarantees of Human and Civil Rights and Freedoms in the Constitutions of the Commonwealth of Independent States

Author Name(s): Lyudmila O. Losilkina, Alevtina E. Novikova, Azamat M. Shadzhe, Lyudmila A. Tkhabisimova, Vassiliy A. Zajcev
Author Email: novikova_a@bsu.edu.ru

Abstract The paper presents the results of a comparative legal study of the constitutional norms of the Commonwealth of independent States member States in order to identify provisions that provide guarantees of human and civil rights and freedoms. The authors identify the universal and special formulations of the sought guarantees and the classification of provisions associated with guarantees of rights and freedoms of the individual, as well as the subjects of their implementation on the basis of the given criteria.

Introduction

In the most general content form, the guarantees of human and citizen’s rights and freedoms are presented in theory by a system of conditions, means and methods that provide for all and everyone with equal legal opportunities to identify, acquire and realize their rights and freedoms [1, p. 32-25]. We believe that guarantees are one of the main components of the legal mechanism for the implementation of legal rights, and in our view the constitutional formalization of guarantees is the basic vector to minimizing human rights risks. Within the framework of this study, foreign constitutions of member countries of the Commonwealth of Independent States are subject to comparative legal analysis due to the commonality of a certain stage of their historical development [2, p. 352-356], as well as replenishment of the doctrinal provisions of the human rights risks theory [3, p. 151157].

Methodology The research was based on a dialectical approach to the disclosure of legal phenomena and processes using also general scientific (systematic, logical, analysis and synthesis) and specific scientific approaches. Among the latter there were formal-legal, linguistic legal, and comparative-legal, which were collectively used to identify the regulations governing the duties of an individual. The focus group was composed of 6 countries that are members of the Commonwealth of Independent States, the texts of their constitutions were taken from the Internet library of the “Constitution of the states (countries) of the world” (http://worldconstitutions.ru/) [4].

Conclusions

In the constitutions of the CIS member states, provisions for the guarantees of human and civil rights and freedoms are presented without a specific system. The key guarantor of legal rights is the state and, in this regard, universal norms are included in almost all the constitutions of the focus group. Numerous are the norms – guarantees addressed to the head of state and the judicial branch of power. In general, at the constitutional level, a state guarantees various types of legal rights and freedoms. At the same time, their diverse catalog is also guaranteed by non-state actors. In addition to the standard languages that guarantee the rights of everyone or citizens, special recipients (for example, workers, youth, ethnic groups, etc.) are identified.

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