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Organizational and legal mechanism of ensuring the constitutional rights and freedoms of man and citizen: problems and prospects of modernization in modern Russia

Journal: LEGAL SCIENCE AND LAW ENFORCEMENT PRACTICE (Vol.4, No. 26)

Publication Date:

Authors : ;

Page : 10-20

Keywords : modernization; ensuring; mechanism; problems; prospects; rights; freedoms; man; citizen; Russian Federation;

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Abstract

In the contemporary legal science the problem of organizational and legal mechanism of ensuring the constitutional rights and freedoms of man and citizen is perhaps one of the most complicated. Any sphere of state and society functioning is connected with the issue of rights and freedoms of man and citizen. For the Constitutional Law the category of ?organizational and legal mechanism of ensuring the constitutional rights and freedoms of man and citizen? is one of the problems of greatest interest generating a lot of debatable issues. Despite the significant number of works devoted to these issues it is necessary to note the insufficient development of problems in this sphere. The reason lies in the continuing reforms in Russia and instability of the current legislation regulating these issues. These factors determine the topicality and practical importance of the research and the necessity of studying the peculiarities of the considered mechanism for the purpose of improving the efficiency of its functioning and indicate the need for scientific and practical recommendations. Using the system approach the author examines the peculiarities, ways and stages of development of the modernization of the mechanism which contribute to the prevention of its divergence. It is shown that modernization of this mechanism has its prospects in Russia. The author makes some conclusions concerning further development of this mechanism. It is determined that this mechanism has static and dynamic sides along with the substantive and procedural components. An important postulate of justice in the legal state is formulated.

Last modified: 2014-08-30 14:19:26