CONCEPT OF HUMAN RIGHTS AND FREEDOMS AND CIVIL RIGHTS IN THE MATERIALS OF THE CONSTITUTIONAL COMMISSION AND THE CONTEMPORARY REALITIES

The article focuses on the modern understanding of the constitutional list of rights and freedoms. The draft constitution prepared by the Constitutional Commission has the systematic reflection of the major conceptual frames for relations between the individual and the state, as well as guarantees of human rights and freedoms: everyone is entitled to protection by the State from illegal encroachments on the rights and freedoms, to protect their rights and freedoms, and the rights and freedoms of other persons in court and all the other not contradicting the law, to get compensation for harm caused illegally to health, honour and good name, as well as property. The harm caused by illegal actions of state bodies and their officials shall be reimbursed by the state. In accordance with the international treaties of the Russian Federation, everyone is entitled in to refer international bodies to protect the rights and freedoms of man and citizen, if domestic law is of no help. Everyone is guaranteed the right to legal assistance for the implementation and protection of the rights and freedoms and the right to a hearing by a competent, independent and impartial tribunal. The principle of presumption of innocence is applied, as well as the inverse power law, abolishing or mitigating responsibility, no duty to testify against oneself, one's spouse and relatives. It is established that the evidence obtained in violation of the law has no legal force. The Parliamentary Ombudsman Institute in the Russian Federation is provided. There is continuity in the importance of addressing to the rights and freedoms of individuals in the era of constitutional reform, 1990-1993, and at present. It is noted that not all the guarantees of the rights and freedoms of individuals set forth in the draft of the Constitutional Commission were used in the Constitution (the constitutional norm of human rights non-governmental organizations, the position of the Parliamentary Commissioner for the rights of ethnic minorities). It is concluded that the Constitutional Commission in its draft of the Constitution accepted the concept of natural right resting on the postulate that the rights and freedoms of man and citizen shall be recognized, guaranteed and enforced by the state as the existing ones. This concept influenced the development of modern science, constitutional law greatly; constitutional and legal research has become based on the primacy of individual rights and freedoms.