Protection of human rights

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Ministry of Education, Science and Youth

Republic of Crimea

Professional educational private institution

"CRIMEAN COLLEGE OF ECONOMICS AND LAW"

Report

In the Discipline "Foreign language"

TOPIC: Protection of human rights

Specialty 40.02.01 "Law and organization of social security"

Checked: Soloviev E.V.

The work was completed: 2nd year student gr. 21P11.20

Afonin Artem Andreevich

Simferopol, 2022

Содержание

Introduction/Введение

1. Overview of the Judicial System of the Russian Federation/ Обзор судебной системы Российской Федерации

2. Uno activity in human rights sphere/Деятельность ООН в области прав человека

Conclusion/Заключение

List of sources used /Список использованных источников

Introduction/Введение

Modern society is democratic and humanist and people in it are free and have definite rights. Human rights were established by United Nations and confirmed by declaration; these rights defend human dignity and freedom. It is very strange that universal community needed thousands of years to understand that every person id worthy to have rights. Not in vain many people sacrificed their lives to reach these rights for future generations. We ought to remember the sacrifice and respect what they reached for us.

I think, everybody irrespective of age should know his own rights to protect them and to defend one's point of view. In my opinion the right for life is sacred and everybody can live his life in such way as he wants without any violence: be it physical or moral. Furthermore everybody has the right to private property and nobody is allowed to take it away without reference to the law. I know that a person has right of choice: it is possible freely to choose where to study, to work, to rest and people with whom to communicate.

The state elected by folk should defend the rights, however they aren't always observed. Even today rich people have more power and rights, sometimes their interests become beyond rights of ordinary people. It seems to me that our world should exterminate this problem; everybody must fight for his rights and defend them. And moreover it is necessary to respect other people's rights not less than yours.

1. Overview of the Judicial System of the Russian Federation / Обзор судебной системы Российской Федерации

Justice is administered in the Russian Federation only by the courts. The judicial power is autonomous and acts independently from the legislative and executive powers. Justice is administered in the forms of constitutional, civil, administrative and criminal proceedings.

The judicial system of the Russian Federation is established by the Constitution of the Russian Federation and Federal Constitutional Law “On the Judicial System of the Russian Federation” of 31 December 1996.

In February 2014, in order to strengthen public trust in the judiciary and ensure a unified approach to the resolution of disputes between legal as well as private persons, a Law on the amendment to the Constitution of the Russian Federation “On the Supreme Court of the Russian Federation and the State Prosecutor's Office of the Russian Federation” was adopted. As a result, the Supreme Court of the Russian Federation, heading the system of courts of general jurisdiction, was merged with the Supreme Commercial Court of the Russian Federation, heading the system of commercial courts, to form a new Supreme Court of the Russian Federation, which is now the highest judicial body for civil, administrative, criminal cases, cases on resolution of economic disputes and other cases.

Currently, Russia's judicial system is composed of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, federal courts, and also constitutional (charter) courts and justices of the peace of constituent entities of the Russian Federation.

Judges of the Constitutional Court of the Russian Federation and of the Supreme Court of the Russian Federation are appointed by the Federation Council of the Federal Assembly of the Russian Federation (upper house of parliament) on proposal of the President of the Russian Federation. Judges of federal courts are appointed by the President of the Russian Federation. Judges of constitutional (charter) courts and justices of the peace of constituent entities of the Russian Federation are appointed in accordance with the legislation of the respective constituent entities.

The main task of the Constitutional Court of the Russian Federation is to resolve cases regarding the constitutionality of normative legal acts of all levels. Constitutional (charter) courts have been created in a number of constituent entities of the Russian Federation (republics, territories, regions, federal cities, etc.) to check the adherence of normative legal acts of those constituent entities to their own constitutions (charters). Pursuant to a law adopted in December of 2020, constitutional courts of constituent entities will be replaced by advisory bodies under regional parliaments by January 2023.

The Supreme Court of the Russian Federation heads the system of courts of general jurisdiction and the system of commercial courts. As the top judicial body, the Supreme Court is the only court competent to consider cases as a court of first instance, court of appeal, court of cassation and as a supervisory instance. The Supreme Court exercises control over the activities of lower courts and provides them with clarifications on issues of judicial practice in order to ensure uniform application of legislation throughout the country.

Justices of the peace administer justice on the local level and have limited jurisdiction. In particular, they consider property disputes with an amount of claims under 50 000 RUB and criminal cases in which the maximum possible punishment does not exceed 3 years of imprisonment. Appeals against decisions of justices of the peace are considered by district courts.

District courts are the basic element of the system of courts of general jurisdiction. They handle most civil, criminal and administrative cases.

Courts of constituent entities of the Russian Federation primarily function as an appellate instance vis-а-vis the district courts. They also have a limited original jurisdiction - in particular, criminal cases concerning the gravest crimes (e.g. terrorism) and all other cases involving the state secret.

Previously, when a court of a constituent entity considered a case in first instance, the appeal against its decision would be heard by its own presidium - a panel of senior judges serving on it either ex officio or by appointment.

A major judicial reform was launched in 2018, resulting in creation of separate general jurisdiction courts of appeal and cassation. Courts of appeal now hear appeals (both on points of fact and points of law) against decisions adopted in first instance by the courts of constituent entities. A court of appeal is never located in the same region as the court subordinate to it. Courts of cassation hear cassation appeals (appeals on points of law only) against the appellate decisions of district courts and courts of constituent entities.

In criminal cases regarding a number of crimes, the accused person may request a jury trial. The case is heard by a judge and six jurors when considered in a district court and by a judge and eight jurors when considered in a court of a constituent entity.

There are specialized military courts within the system of courts of general jurisdiction: at the level of garrisons and at the level of military circuits (fleets). They primarily consider civil and administrative cases in which the rights of the military personnel are violated, as well as cases on crimes committed by the military personnel. An Appellate Military Court and a Military Court of Cassation were created during the abovementioned reform.

Commercial courts administer justice in the sphere of entrepreneurial and other economic activities. The system of commercial courts is composed of three elements: commercial courts of constituent entities of the Russian Federation (first instance), appellate commercial courts (appellate instance) and commercial courts of circuits (courts of cassation).

There is a specialized court - the Intellectual Property Rights Court - within the system of commercial courts.

2. Uno activity in human rights sphere/Деятельность ООН в области прав человека

judicial human rights

After the Second World war under the influence of the facts of mutual abuse of human rights the general recognition was received by the concept of necessity of the international cooperation in this sphere. In item 3 of article 1 of The UNO Constitution it was proclaimed that one of the UNO tasks is realization of joint activity of the state members. This activity is directed to the human rights be respected and adhered by all, irrespective of race, sex, language and religion.

Office of the High Commissioner for Human Rights (OHCHR)

Headquartered in Geneva, with many regional offices, the Office of the High Commissioner for Human Rights has lead responsibility in the UN system for the promotion and protection of human rights.

The office supports the human rights components of peacekeeping missions in several countries, and in addition to its regional offices, has HR Centres, Country/Stand-alone Offices and Human Rights Advisors all over the world.

The High Commissioner for Human Rights regularly comments on situations in the world relating to human rights issues, and has the authority to investigate situations and publish reports on them.

The human rights treaty bodies are committees of independent experts that monitor implementation of the core international human rights treaties. Each State party to a treaty has an obligation to take steps to ensure that everyone in the State can enjoy the rights set out in the treaty.

The treaty bodies are composed of independent experts of recognized competence in human rights, who are nominated and elected for fixed renewable terms of four years by State parties.

The special procedures of the Human Rights Council are prominent, independent experts working on a voluntary basis, who examine, monitor, publicly report and advise on human rights from a thematic or country-specific perspective.

The UN Development Group's Human Rights Working Group advances human rights mainstreaming efforts within the UN development system.

The Special Adviser on the Prevention of Genocide acts as a catalyst to raise awareness of the causes and dynamics of genocide, to alert relevant actors where there is a risk of genocide, and to advocate and mobilize for appropriate action.

The Special Adviser on the Responsibility to Protect leads the conceptual, political, institutional and operational development of the Responsibility to Protect.

The Universal Declaration of Human Rights (1948) was the first legal document protecting universal human rights. It is generally agreed to be the foundation of international human rights law.

Together with the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, the three instruments form the so-called International Bill of Human Rights.

A series of international human rights treaties and other instruments adopted since 1945 have expanded the body of international human rights law.

In 2007, the General Assembly adopted the UN Declaration on the Rights of Indigenous Peoples.

The Secretary-General appoints special representatives, who advocate against major human rights violations:

-Special Representative of the Secretary-General for Children and Armed Conflict

-Special Representative of the Secretary-General on Sexual Violence in Conflict

-Special Representative of the Secretary-General on Violence Against Children

On 19 January 2018, United Nations Secretary General Antуnio Guterres established the International Commission of Inquiry envisioned by the Agreement on Peace and Reconciliation in Mali. He appointed Lena Sundh (Sweden), Vinod Boolell (Mauritius) and Simon Munzu (Cameroon) to serve as Commissioners and selected Ms. Sundh as Chair. Established at the request of the signatory parties to the Agreement, the Commission of Inquiry was to advance national reconciliation and support the Malian authorities' efforts in the fight against impunity. The Commissioners, who are serving in their personal capacities, investigated serious violations of international human rights and humanitarian law committed in Mali since January 2012 and submitted a report to the Secretary General.

The UN Security Council, at times, deals with grave human rights violations, often in conflict areas. The UN Charter gives the Security Council the authority to investigate and mediate, dispatch a mission, appoint special envoys, or request the Secretary-General to use his good offices.

The Security Council may issue a ceasefire directive, dispatch military observers or a peacekeeping force. If this is not enough, the Security Council can opt for enforcement measures, such as economic sanctions, arms embargos, financial penalties and restrictions, travel bans, the severance of diplomatic relations, a blockade, or even collective military action.

Different intergovernmental bodies and interdepartmental mechanisms based at the United Nations headquarters in New York, as well as the United Nations Secretary-General, address a range of human rights issues.

The General Assembly, the Economic and Social Council (ECOSOC) and their subsidiary organs make policy decisions and recommendations to Member States, the United Nations system and other actors.

The United Nations Permanent Forum on Indigenous Issues (UNPFII), an advisory body to the Economic and Social Council, has a mandate to discuss indigenous issues, including human rights.

The Office of the High Commissioner for Human Rights interacts with and provides advice and support on human rights issues to these bodies and mechanisms. The Office also works to mainstream human rights in all areas of work of the Organization, including development, peacekeeping, women, peace and security, and responding to humanitarian crises. Human rights issues are also addressed in the context of the post-conflict UN peacebuilding support activities.

Conclusion/Заключение

Judicial power in the Russian Federation is exercised only by the courts as represented by judges and also jurors and commercial court assessors, drawn to the administration of justice in the manner stipulated in law. No other bodies or persons have the right to administer justice.

Justice in the Russian Federation is administered only by the courts established in accordance with the Constitution of the Russian Federation and this Federal Constitutional Law. The establishment of extraordinary courts and of courts not stipulated in this Federal Constitutional Law is not allowed.

The decisions of federal courts, magistrates and courts of constituent entities of the Russian Federation that have entered into legal force, as well as their lawful orders, demands, instructions, subpoenas and other appeals, are binding on all state authorities and local self-government bodies. , public associations, officials, other individuals and legal entities without exception and are subject to strict supervision throughout the territory of the Russian Federation.

Judicial authorities are formed in accordance with the procedure established by federal law in order to represent the interests of judges as holders of judicial power.

If the court considering the case finds that an act of a state or other body or an act of an official is inconsistent with the Constitution of the Russian Federation, federal constitutional law, federal law, universal principles and norms of international law, an international treaty of the Russian Federation, the constitution (charter) of a subject of the Russian Federation, the law of a subject of the Russian Federation, makes a decision in accordance with the legal the norms of a higher legal force.

In the Russian Federation there are federal courts, constitutional (statutory) courts and justices of the peace of the subjects of the Russian Federation, which form the judicial system of the Russian Federation.

Judges, jurors and arbitrators involved in the administration of justice are independent and subject only to the Constitution of the Russian Federation and the law. Guarantees of their independence are enshrined in the Constitution of the Russian Federation and in federal law.

The supreme body of judicial power is the All-Russian Congress of Judges, which forms the Council of Judges of the Russian Federation and the Highest Qualification Board of Judges of the Russian Federation.

List of sources used /Список использованных источников

1. FEDERAL CONSTITUTIONAL LAW About the judicial system of the Russian Federation December 31, 1996

2. General theory of human rights / Edited by E.A. Lukasheva - Moscow: NORMA, 2018. - 520 p. - p. 468.

3. Mullerson R.A. Human rights: ideas, norms, reality. - Moscow: Legal Literature, 2019. - 170 p. -pp. 95-116.

4. General theory of human rights. Decree. op. - pp. 476-477.

5. International law: textbook/Ed. by Y.M. Kolosov, E.S. Krivchikova. - M.: International. relations, 2021. -720 p. - p. 485.

6. Collection of documents on international law / Edited by K.K. Tokayev. - Vol. 2. - Almaty: "SAK", 2018. - 518 p. - p. 18

7. International law: textbook. Decree. op. - p. 491.

8. General theory of human rights. Decree. op. - p. 455.

9. ECOSOC Res. 1235 (XLII) of 15 June 1967 // un.com

10. ECOSOC Res. 1503 (XLVIII) of 27 May 1970 // un.com

11. Public International law: textbook / Edited by K.A. Bekyashev. - Moscow: Prospekt, 2019. - 608 p. - p. 204.

12. Human rights: a textbook. - - Almaty: Daneker, 2018. - 251 p. - p. 72.

13. https://www.un.org/ru/our-work/protect-human-rights

14. http://www.supcourt.ru/en/judicial_system/law_judical_system/

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