The Concept and Types of Principles of State Human Rights Activities
https://doi.org/10.17803/1729-5920.2024.207.2.083-096
Abstract
The author analyzes the views presented in modern science and formulates the author’s concept regarding the terms and types of principles of state human rights activities. The paper draws attention to the issue of the role of the principles of state human rights activity to increase its effectiveness. In the theoretical and legal aspect, the problem of the correlation of categories of principles of law, legal principles and principles of state human rights activity is studied. The analysis of the principles of state human rights activity enshrined in legislation is carried out, and their classification is proposed. It is concluded that the principles of state human rights activity are fragmented in the Russian legislation, and that there is no unified system of these principles, which negatively affects the stability and quality of the human rights work of state bodies. Proposals have been formulated to amend the legislation of the Russian Federation regarding the requirements for state human rights activities. One should agree with the authors who believe that «the principles of human rights protection should be conceptualized beyond the limits of liberal ideology. Human rights protection needs to find moral grounds and a closer connection with the principles of real democracy.» Taking into account the current stage of development of Russian statehood and the unique domestic experience in this field, it is necessary to radically rethink the human rights axioms that have developed over the past decades and propose a fundamentally new paradigm for the development of the state system of human rights protection in the context of traditional Russian principles and values.
About the Author
I. V. ChechelnitskyRussian Federation
Ilya V. Chechelnitsky, Cand. Sci. (Law), First Deputy Head of the Office of the Commissioner for Human Rights in the Russian Federation; Doctoral Candidate, Senior Lecturer, Department of Theory of State and Law
Moscow
References
1. Bespalova MA. The formation of the human rights function of the Russian state in the context of modern constitutional construction. Cand. Diss. (Law). Belgorod; 2011. (In Russ.).
2. Irkhin IV. Discussion on the Nature of the Principles of Law (Legal Principles) in the Context of Convergence of Legal Systems. Lex russica. 2020;4:117-129. (In Russ.).
3. Kerimov DA. Methodology of law: Subject, functions, problems of the philosophy of law. 6th ed. Moscow: SSU Publishing house; 2011. (In Russ.).
4. Kornev AV. The principle of historicism and its methodological significance. Istoriya gosudarstva i prava [History of State and Law]. 2023;8:47-56. (In Russ.).
5. Kornev AV. Normativity of law and normativism in law: Theoretical and practical perspectives of individual law schools. Zhurnal Rossiyskogo Prava [Journal of Russian Law]. 2020;12:5-18. (In Russ.).
6. Kornev AV. Juridical Activities in the Digital Age: A Concept, Content, Forms. Aktual’nye problemy rossijskogo prava. 2021;6:21-30. (In Russ.).
7. Martynov AV. Understanding and observance of the rule of law as the most important problems of modern public administration in Russia. «Current problems of administrative law and administrative procedure», Collected Papers of a scientific and practical conference dedicated to the 85th anniversary of Yu. M. Kozlov and the 100th anniversary of A. E. Lunev. Moscow: Kutafin Moscow State Law University (MSAL) Publ.; 2011. Pp. 76–86. (In Russ.).
8. Markhgeim MV. Human rights activities of public structures in the Russian Federation. Rostov n/A: Rosizdat Publ.; 2006. (In Russ.).
9. Moskalkova TN. Protection of human rights: A collection of articles and speeches. Moscow: Prospekt Publ,; 2020. (In Russ.).
10. Sinyukov VN. Law of the 20th and 21st Centuries: Continuity and Novelty. Lex russica. 2021;74(2):9-20. (In Russ.).
11. Sinyukov VN. The Russian legal system. An introduction to general theory. 2nd ed. Moscow; 2010. (In Russ.).
12. Stepin AB. Principles of the implementation and protection of civil rights: Issues of theory and practice. Advokatskaya praktika [Advocate’s Practice]. 2022;6:46-50. (In Russ.).
13. Tatiana Moskalkova: we have protected the rights of 1 million people. Available from: https://www.interfax.
14. Chernikov VV. Current issues of the quality of Russian police legislation. Administrativnoe pravo i protsess [Administrative Law and Procedure]. 2021;7:16-27. (In Russ.).
15. Ekimov AI. Law in the context of justice: Towards a research methodology. Legal studies. 2013;2(307):51-61.
Review
For citations:
Chechelnitsky I.V. The Concept and Types of Principles of State Human Rights Activities. Lex Russica. 2024;77(2):83–96. (In Russ.) https://doi.org/10.17803/1729-5920.2024.207.2.083-096