Human rights
in the Russian Federation

Human rights in Russia - modern position.

    Whatever occured in Russia for last 15 years - nothing gives in to a unequivocal estimation. Reorganization and the postSoviet reforms have made "absolutely relative" concepts of " political success ", " the public blessing " and "progress". Destiny of ambiguity, probably, it is prepared and to one of pillars of the Russian modernization - to human rights. Very difficultly within the limits of habitual understanding " success - unsuccess " to estimate 15 years experience of development of human rights by the Russian state and people. On the one hand, together with main principles of democracy and market economy, human rights became a component to " official ideology " postSoviet state. Reasonings on human rights have taken a strong place in the Russian political rhetoric. The general declaration of human rights was included into last Russian Constitution. Many international conventions in the field of human rights, including the European convention on protection of human rights and basic freedom, and the European convention on prohibition of tortures and the reference brutal and humiliating advantage and punishments are signed and ratified by Russia.

    The federal Assembly has accepted quite corresponding the European standards Civil, Criminal, Criminal codes-executive, in the majority of the newest Russian laws are entered the norms forbidding in pravoprimenitelnoj an expert discrimination to any attributes. The freedom of speech became the standard Russian achievement in the field of human rights, and elections, despite of all censures, pass on a regular basis, according to the democratic procedures established by the legislation, at a minimum of remarks from the international observers. Observance of human rights in Russia is watched by the federal Representative selected by the State Duma under human rights. The Russian citizens have an opportunity to address for protection in the European court under human rights. In the country about thousand public pravozashchitnyh the organizations. The death penalty is actually cancelled. Prisons and from department of power ministry of internal affairs are transferred to a colony in the competence of the civil Ministry of Justice. Polls do not register some significant concern of citizens in observance of those rights, struggle for which was meaning of the life of the Soviet dissidents: a freedom of movement (including the right of departure abroad), a freedom of speech, a freedom of worship.

    On the other hand, despite of the listed political successes of human rights in Russia, the real life of the majority of citizens is still characterized by the lowest degree of legal security. The state system of guarantees of observance of human rights created during reforms while is ineffective, and frequently and is simply helpless. In Russia still and imperceptibly for themselves everyone do not respect with the right of everything, and personal, own advantage and freedom, despite of obvious and formally recognized moral values, are rather far from real motives of a real life of the majority of the Russian citizens. Human rights in Rousia at all do not break, them simply do not notice. But all the same some measures are undertaken (introduction of the Russian visas, now for entrance to the country to you to not do without the Russian embassy; revision of some rules of law, etc.). More and more obvious becomes pravozashchitnaja incapacity of still Soviet law enforcement bodies. Courts, Office of Public Prosecutor, militia not in a condition today to protect a great bulk of the population from the most widespread encroachments on human rights. Moreover, law enforcement bodies become source of infringement of the civil rights more and more dangerous to the population. Impunity, absence of the real responsibility becomes one of principal causes of the expanded reproduction of infringements of human rights from employees of law enforcement bodies.

    " The system of criminal justice in Russia experiences recourse, all further departing from standards of the Council of Europe. There was outstanding taken the Government before the Council of Europe of the obligation on reforming Office of Public Prosecutor, FSB and Ugolovno-protsessualnogo criminally-remedial code " (the World annual report on human rights for 1998. It is prepared Hjuman rajts votch). Inadequacy of judicial system to principles of a lawful state formally proclaimed in Russia is obvious: Courts still represent the uniform corporate whole with bodies of Office of Public Prosecutor and the Ministry of Internal Affairs. It becomes especially obvious at obviously solidary behaviour of many judges and public prosecutors in processes on charge of employees of law enforcement bodies in illegal actions on duty. Over judiciary practice is dominated still with a notorious accusatory bias. As well as during the Soviet period, courts on the average bear less than 1 % of verdicts of "not guilty" and it at landslide deterioration of consequence. It is still possible to speak and about an inequality of the parties and restriction of competitiveness in litigation.

    The independence of courts(vessels) won by judicial reform today has turned to authoritative absolute power of judges, in a significant part obviously not coping a moral and psychological cargo of independence. In the Russian civil courts(vessels) adjudication in favour of the citizen at all does not mean achievement of validity since the decision can be not executed or executed simply partially. The percent(interest) of execution(performance) of judgements on civil cases in some courts(vessels) does not exceed 40 %. The red tape - disaster of the Russian judicial system, undermines and without that fragile belief in justice. In modern Russia still there is no lot is state-legal mechanisms, the extremely important for maintenance of protection of the rights of citizens.


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