Duties and rights are what?

Each person without exception can be considered not only from his social side, but also biological. In addition to this, people constantly interact with each other through various institutions created by them. One of them is right. This specific phenomenon has appeared long enough in the process of finding people the best way to control their own kind. As history showed, the search was not in vain.

Today, thanks to the law, almost the entire life cycle of the world's population is carried out. Moreover, this social phenomenon changed many times, which led to the emergence of a large number of types of law. But in this article the author would like to dwell on the issue of interaction between a person and the state, which is carried out through this or that legal branch. It should be noted that this interaction exists due to the inherent attributes that each person, citizen or association of individuals is entitled to without exception. These attributes are rights and duties.

The concept of law

Human rights and obligations are elements that give everyone the opportunity to interact in a particular sphere of life. However, all these elements are unbreakablely connected with one phenomenon - the law. Therefore, before considering the concept of law, duties, you need to first understand the essence of the general term.

As mentioned earlier, this phenomenon exists for the regulation of social relations. In classical theory, law is a system of generally accepted, universally binding norms guaranteed by state authorities that directly regulate the relations of society in one or another field of activity. In every country that exists today, law has its own characteristics. Therefore, it is quite difficult to distinguish two completely identical systems of law. It should be remembered that this regulator of public relations is structured, therefore it is necessary to consider separately its basic elements.

The system of law

Directly the process of regulation of the law is carried out through the basic elements of this system. Scientists usually distinguish three most important elements of law: industry, institution, norm. The branch of law is a set of the most similar social relations united by a single subject. They provide regulation in one particular industry. In turn, the branch of law is also a separate system consisting of institutions and norms. Thus, in the general legal structure, it is thanks to the branches that specific concrete human frameworks find their application.

Subjects of law

Regulation is a structured and objective process. Its specific "target" is a separate subject of law. it A category that characterizes a particular individual or legal entity that is subject to the rules of a particular legal industry. It should be taken into account that every person, without exception, is a subject of the national system of law. And only when choosing a specific field of activity, a person or an organization becomes the object of the action of specific legal norms. Thus, the subject of law is a category that shows the distribution of individuals in legal spheres.

What are rights and duties?

Given the above data, you can answer the question of what rights and responsibilities are. These are the components of the legal regime in this or that branch. Thanks to the rights and duties, individuals or legal entities can realize their interests at a lawally regulated level, to the extent permitted by the state.

To avoid a lot of misconceptions, it is necessary to note one quite interesting fact. Rights and duties are regulated at three main levels: international, national and sectoral. International human rights are protected and guaranteed by special conventions, treaties, etc. At the national level, rights and obligations are enshrined in state constitutions. Industry regulations are a sphere of special legislation that is applied in specific cases. In turn, human rights are enjoyed by all people without exception. Therefore, they are of the greatest interest for lawyers-practitioners.

International human rights law

First of all, it is necessary to note the features of human rights at the international level. A key feature is that to date a whole set of principles and norms have been formed that regulate and create a kind of protection of human rights. It is on the basis of these norms that the international legal branch that enshrines and regulates human rights is formed. The international branch actually emerged from the existing normative acts in this sphere, namely: pacts, treaties, conventions, etc. The main actors that organize the implementation of the international legal branch are world organizations such as the UN, the Council of Europe, the African Union, Organization of American States, etc.

Declaration of Human Rights

Formation of the mechanism of regulation in the sphere of human rights began after the end of the Second World War. During this period, there have been key changes in the human perception of the world. In all countries of the world they understood that human rights are the main priority for the development of world politics. If you look even more globally, then this is the most correct and successful way to the future. Therefore, in 1948, the Universal Declaration of Human Rights was created. For states this document is not mandatory for implementation, although many lawyers see it as a source of international law.

The provisions of the declaration are recommendatory, although it was on their basis that binding statutory acts were developed : the International Covenants on Civil, Political, Cultural, Social and Economic Rights. The declaration contains only a few mandatory rules on the prohibition of slavery and torture.

Of course, in addition to the declaration of human rights, there are a number of other normative acts that were issued by the United Nations Organization for the Protection and Realization of Human Rights. Thus, for the world community, human rights are the most priority sphere of development of the international legal branch as a whole.

The Russian Federation, the national level of the realization of human rights

Like any legal democratic state to date, the Russian Federation is following the path of development and ensuring human rights. In the vastness of the fatherland, this institution of legal competence is fixed in the most important normative act - the Constitution of the Russian Federation. It should be noted that due to the existence of this normative act, one can say that the state and law are two similar and interrelated social formations. Their development directly depends on each person individually. Therefore, people's rights need not just be taken into account, but also provided.

The Russian Institute of Human Rights is inseparably linked with the Russian Constitution. Therefore, its study must pass through consideration of the submitted normative act. After all, legal law - is primarily a state-sanctioned rule of conduct, and the basis of any state is the key to the highest legal force law.

General information on constitutional human rights in Russia

Today, human rights in Russia are the most contentious issue. Moreover, various political forces try to give it an extremely unusual coloring. The main normative act, namely the Constitution, has established this legal institute in itself. Chapter Two "Rights and Freedoms of Man and the Citizen" gives a detailed description of all authorized powers in Russia. This kind of strict regulations at the national level is simply necessary, since the totality of what is permitted is characterized by a strong relationship between the individual and the state, which is called citizenship.

This relationship is the structure of rights and duties of a person and a citizen. It should be noted that the last two terms are also not identical. Human rights are the natural freedom of action that belongs to everyone from birth. And civil rights are norms sanctioned by the state, framed by certain limits, duties.

Classification of civil rights

All rights of a citizen can be classified according to the social relations that they directly regulate. According to the Constitution of the Russian Federation, there are six main blocks of civil and human rights associated with them, namely:

1. Personal, which has already been said before. They are given to everyone directly on the fact of birth. Personal rights include: the right to dignity, life, liberty, security, privacy of correspondence, the inviolability of the home, free movement, etc.
2. Economics is a key component of any state. Therefore, economic rights are also an integral part of the Constitution. With their help, the state enables people to directly influence various financial processes. Economic competencies include: freedom of entrepreneurial activity, labor, and the right to private property.
3. Political rights include the right to information, freedom of association, rallies, picketing, the right to be elected, etc.
4. Social competencies provide the public life of a person in a particular state.
5. Freedom of creativity, teaching, participation in cultural life and institutions are all cultural rights.
6. There is such a specific kind as environmental rights. These include: the right to a favorable environment, the right to compensation for damage caused to property and health by an environmental violation.

Obligations of a Russian citizen

The protection of law is A specific regulatory mechanism that arises from violations of the state-established framework. This mechanism exists thanks to a specially created legal framework in which absolutely all citizens of the Russian Federation are located. They carry the name of duty. The main duties of a citizen are the following:

• Observance of laws;
• Caring for incompetent parents after 18 years;
• Obtaining general education;
• Protection of historical monuments;
• Payment of taxes.

It should be noted that the duties can be supplemented by one or another normative legal acts.

Control by the state in the sphere of human rights and obligations

It should be remembered that duties and rights are specially created state borders that allow one or another citizen to act without leaving them. In order to prevent violations of this framework, the authorities of the Russian Federation have developed a multitude of various counterfactors that eradicate any violations of rights and non-fulfillment of duties. After all, the violated right is a negative phenomenon that destroys the foundations of the Constitution. The counter-acting factors include the normative acts of the administrative and criminal branches of law, the work of the police, the prosecutor's office, state security, the institution of the human rights ombudsman in the Russian Federation, and so on. With each year, such organizations and positions become more numerous, as the Russian Federation is Modern legal state.

Conclusion

So, the author considered in the article such concepts as duties and legal law. This allows us to highlight the specific features of these structures, as well as understand the mechanism of their implementation in the real plane.