DEVELOPMENT OF THE RIGHT OF THE PERSON TO JUDICIAL PROTECTION IN DECISIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

Important historical aspects of formation of the institution of the rights of the person to judicial protection are described. The history of formation of this institution in our country is given. The review of the international legal certificates is made. Scientific positions of the leading Russian researchers of this problem are considered. The Constitutional Court in the Russian Federation (then in the RSFSR) was formed on October 30th, 1991 on the basis of the Constitution operating at that time and the law "On the Constitutional Court of the RSFSR" introduced by the Congress of People's Deputies of the RSFSR. Now the Court is approaching its twentieth anniversary, actually symbolizing the implementation of the principle of division of powers in our state, protecting the rights and freedoms of the person and the citizen. Among the protected rights and freedoms of the person and the citizen, two subjects we term as the person, the right to judicial protection occupies a significant place, as one of the basic, unimpaired and inalienable rights of the person. Judicial protection of the rights and personal freedoms is the right to protection by the person of the rights and freedoms by means of the court as a body representing one of the independent and independent branches of the government. Fixed in general terms in Part 1 Article 46 of the Constitution of the Russian Federation as guaranteed to everyone, the right to protection of their rights and freedoms, the right to judicial protection has some more positions developing and specifying it in the Constitution. The Constitutional Court has given a constitutional interpretation of Article 151 of the Civil Code of the Russian Federation as to the norm not interfering in decision-making on monetary indemnification in cases of default of legal judgments under claims against the Russian Federation, its subjects or municipal unions. And this sort of execution of decisions was directly connected with the requirement of Article 46 of the Constitution of the Russian Federation, i.e. with the right to judicial protection. Thus, the right to judicial protection has acted as the basis for solving the problem of default of judgments on harm indemnification under claims against the authorities, and probably the federal legislator will find a legal way of its solution in the near future.