First published 2008 by Transaction Publishers
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Library of Congress Catalog Number: 2007027440
Library of Congress Cataloging-in-Publication Data
Rudinsky, F. M.
Civil human rights in Russia: modern problems of theory and practice /[compiled
by] F.M. Rudinsky.
p. cm.
Includes bibliographical references and index.
ISBN 978-0-7658-0391-7 (alk. paper)
1. Civil rights--Russia (Federation) 2. Human rights--Russia (Federation) 3.
Russia (Federation)--Politics and government--1991-I. Title.
JC599.R9R83 2007
323.0947--dc22
2007027440
ISBN 13: 978-0-7658-0391-7 (hbk)
This volume was written by the group of Russian authors researchers, judges, lawyers, legal experts. It was initially written in Russian and published in Volgograd (former Stalingrad) by the Russian Academy of the Ministry of Internal Affairs in 2004. In this institution from as early as in 1989 one of the first faculties of human rights in the USSR was created headed by the scientific editor of this volume.
The theme selected by the authors of this volume is no way casual. Civil rights is a groups of human rights called to ensure the provision of individual personal freedom, guarantees of privacy and personal security This group differs from other human rights guaranteed by the international Bill of Rights: political, economic, social and cultural. The rights of victims of the crimes as well as those accused and condemned and others relate to civil human rights such as a right to life, dignity, personal freedom, personal immunity, freedom from tortures, freedom of movement and freedom of residence.
The challenge of civil rights ' enforcement has always been very acute all over world. In Russia we have always experienced and continue to experience significant difficulties in their realization (A fact that the reader will become very well acquainted with after reading this book), but this is especially true with regards to civil rights.
However, in the theoretical literature, in particular in Russian, such questions concerning legal features of civil rights, forms of their realization, typical infringements and means of their protection, have been researched quite insufficiently.
This book is an attempt to give answers to the specific problem of civil rights' enforcement. Certainly, we do not claim to provide absolute truth but we would like to emphasize that this book rep resents the objective scientific research of the problem based on revealing the established facts stated in the materials of the United Nations, the Council of Europe, reports of Ombudsman of the Russian Federation, and the official statistical data from different Russian offices of state.
However, as Mark Twain noted, "there are three kinds of the lie: a lie, a bald lie and statistics", Therefore, we have aspired to compare data presented by the state authorities with the facts ascertained by the international and Russian nongovernmental public organizations. We also have based our research on personal experience as a number of our authors are engaged in legal practice.
In this book the analysis of regulations of international law, the Russian legislation, decisions of the European Court on human rights, of the Constitutional Court of Russia and other materials of law enforcement practice is given.
The gravity of the research level is provided by professional skills of those who carry it out. It is necessary to say that informed enough experts having the modern technique of scientific research have been involved in the work on this book.
The author of each section of the book is the expert who has written and has successfully defended the scientific dissertation on the given question, or has a significant practical experience connected with the subject. In particular, Professor F.M. Rudinsky and Professor P.V. Anisimov are the members of Russian Federation Ombudsman Expert Council. They have writ ten theses for a doctor's degree on topics which had been included into the book as its sections. The Volgograd professor I.V. Rostovschikov has written/wrote the section about the mechanism of human rights' guarantees. S.A. Burjanov, the legal expert, the President of the Moscow Public Institute of Freedom of Worship, has written the corresponding section of the book. E.L. Menshutina, the Moscow judge, has written the part about human right on fair, impartial and lawful proceeding. The lawyer A.G. Manafov is the author of the chapter about the right to legal protection, and the lawyer S.V. Mamicheva has written about protection of the rights of victims of crimes and abuse of authority. The authors of the chapter about the rights of suspected and accused are experts on criminal tried and senior lecturers of the Volgograd Academy of the Ministry of Internal Affairs of the Russian Federation S.A. Kolosovich, V.G. Glebov and the lawyer from Rostov-on-Don S.I. Ponomarenko. They have not only characterized the specified rights, but have given the characteristic of the modern state of Russian criminal procedure.
Rather original is the section of the book about the right to privacy, written by the young researcher from Arkhangelsk the university senior lecturer G.B. Romanovsky. The author of the dissertation about freedom of movement in the country O.V. Rostovschikova has written the corresponding section of the book.
E.M. Pavlenko, the lawyer, is the author of the section about formation of culture of human rights. She is a trainer of the Council of Europe on education in the sphere of human rights , the graduate of the Helsinki High International Fund on Human Rights (Poland).
The senior lecturer of the Moscow academy of the Ministry of Internal Affairs of the Russian Federation N.B. Hutorskaya is a prominent expert on penal law and the author of the section about the rights of condemned. The head of the department of constitutional law of the Volgograd Academy of Public Service, senior lecturer V.D. Goncharenko is the author of the first dissertation in Russia devoted to the problem of realization of the right to freedom from tortures and other kinds of the inhuman treatment and punishment. A young researcher R.J. Shulga for the first time to Russia has written the dissertation about forms and methods of nongovernmental public organizations' activity in protection of human rights.
An absolutely young postgraduate student I.V. Shishenina has done a very difficult job: she has written the sections about lawful restriction of civil rights and freedoms and about guarantees of the right to honour and dignity of a person.
