Objectives of State Human Rights Protection Activities in the Russian Federation
https://doi.org/10.17803/1729-5920.2023.203.10.056-070
Abstract
The paper defines the author’s approach to the concept, types, characteristics of the goals of state human rights protection. In its most general form, human rights protection includes a system of actions carried out by State bodies and organizations, as well as civil society institutions and international organizations, aimed at restoring violated and creating appropriate conditions for implementation of human and citizen rights, freedoms and legitimate interests, as well as collective rights and public interests of groups of citizens, commercial and non-commercial organizations.
Researchers propose to distinguish the following types of human rights protection objectives: general and particular; basic and non-basic; final, intermediate and immediate; objectively true and objectively false; real and unreal; timely and untimely; substantive and instrumental. Indeed, the available academic developments on this issue are of great interest, but largely they characterize the human rights objectives enshrined in legislation, rather than practice of human rights protection.
The paper elucidates and describes in detail such necessary signs of a human rights protection objective as its humanism, moral validity, social conditionality and legal significance.
The classification of the types of human rights objectives is defined; it is proposed to distinguish strategic (general) and tactical (private) objectives; law enforcement, law-making and «law-enlightening» ones; positive and natural law human rights objectives.
The paper concludes that there is a need for comprehensive consideration of the goals of human rights protection in legislation and law enforcement practice. It is also indicated that a necessary characteristic of human rights protection is its implementation by specific legal methods that are subject to strict regulation by means of provisions of existing normative legal acts or, in any case, they do not contradict them, and in addition, should not go beyond ethical norms and principles.
Keywords
About the Author
I. V. ChechelnitskiyRussian Federation
Ilya V. Chechelnitskiy, Cand. sci. (Law), Senior Lecturer, Department of Theory of State and Law
9, Sadovaya-Kudrinskaya St., Moscow 125993
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Review
For citations:
Chechelnitskiy I.V. Objectives of State Human Rights Protection Activities in the Russian Federation. Lex Russica. 2023;76(10):56-70. (In Russ.) https://doi.org/10.17803/1729-5920.2023.203.10.056-070