Art. 51 of the Constitution of the Russian Federation
The modern world is completely regulated by normsrights. This feature of human life was developed long ago. Initially, relations between people were regulated through moral norms. Later such rules of behavior began to be more and more legalized, which led to the appearance of legal postulates.
Immediately the moment of the invention of lawoccurred long ago. For example, already in ancient Rome, people actively used legal norms, as evidenced by the codification of Roman laws. Already at that time, jurisprudence was developed on a fairly serious level. As for the present, the law in the 21st century has penetrated into all spheres of human life without exception. The bottom line is that buying a car is a banal contract of sale. There are also other examples of the operation of jurisprudence. At the same time, legal norms exist in special official documents, which are called normative acts.
Each state has its own systemsimilar official papers. If we take into account the legal structure of the Russian Federation, then the provisions of all of them without exception are subordinated to a single, basic law - the Constitution. There are quite interesting norms in this document. One of them is presented in art. 51. To date, the rights provided for by this provision are actively used by modern citizens, which indicates some features of the norm.
Characteristics of the RF Constitution
As it was mentioned earlier, in Russia there isThe main law, which contains the most important norms. This raises the question of what the Constitution of the Russian Federation is. This document is the highest legislative act in its legal force. It is characterized by a special procedure for acceptance and change. Its norms are mandatory for all who reside on the territory of Russia. Moreover, the value of the Constitution is due not only to its supreme legal force. The Basic Law establishes the principles of building state power, consolidates the form of government, territorial organization, the ruling regime and many similar institutions. The Constitution clearly specifies the powers of the highest departments, beginning with the Parliament and ending with the President. Thus, the basic law is an important component of the modern legal system of Russia. This speaks not only of his exceptional role, but also proves the importance of the norms prescribed in it.
Freedom and the key rights of a citizen and a person
The legal norm, concluded in Art. 51 of the Constitution of the Russian Federation, provides for an exceptional legal opportunity, which is owned by all people who reside on the territory of Russia. This article exists in one of the sections of the basic law. It regulates the natural, that is, inalienable human rights. Thus, Art. 51 of the Constitution of the Russian Federation is in the second chapter of the first section. This part of the basic law shows the legal capabilities of people, as well as their regulatory protection.
This chapter is of great importance for the entire legal system of Russia. After all, its provisions should be observed by all authorities, and also be taken into account when creating new regulations.
What is the norm in Article 51 of the Constitution of the Russian Federation?
Structure of art. 51 of the basic law is quite simple. The norm consists of two parts, which establish different legal bases. In part 1 of Art. 51 of the Constitution states that no person can be obligated to testify in any way against himself or his loved ones. In the second part of the same rule, it is said that exemptions from testimony can be established by other federal laws. Thus, in Art. 51 provides for an exceptional legal opportunity for citizens, which provides them with some protection from government bodies and other persons.
The origins of the possibility not to testify against oneself
The modern legal system of the Russian FederationThe Federation is largely developed on the basis of European legal trends and democratic principles. Exclusive opportunities for a person and a citizen have a significant role both in the Constitution and legislation in general. In this case, Art. 51 of the Basic Law is also an echo of European influence. The right not to testify against oneself exists in the provisions of many international acts. An example is the International Covenant on Civil and Political Rights, the European Convention on the Protection of Human Rights, etc. The ability not to give any testimony against oneself is established in order to prevent the commission of judicial errors that may arise as a result of pressure on the suspects. Thus, the application of art. 51 of the Constitution in the domestic legislation allows to carry out justice as objectively as possible.
It should be noted that for the Russiansociety such a norm is an exceptional novel. After all, from the history of our state, we know that for many centuries justice in the Empire and the USSR was realized with a flagrant violation of many human rights. In the XXI century, this trend was decided to radically change.
The scope of part 1 of Art. 51
Of course, the right granted to people inmentioned norm, is limited. If the framework of its application did not exist, then any special bodies could not receive any information at all. Thus, the scope of Art. 51 is limited to certain moments.
- First, do not testify against yourself and notEvery person can be given testimony if asked, are forced to carry out such actions. This means that the person can not be forced either by the private entity or by the public authority, especially if the question concerns directly the person questioned or her close relatives.
- Secondly, Article 51 of the Constitution createslegal counteraction to any illegal methods and methods of obtaining information. That is, during the interrogation, a person can not be tortured or applied to him by an influence of a different nature.
It should be noted that the provisions of the presented rule are the basis for most other normative acts. Article 51 is particularly closely related to criminal procedure legislation.
Application art. 51 of the Constitution of the Russian Federation in the criminal procedure
Many norms of the basic law are duplicated in otherlegislative acts of Russia. Similarly, the implementation of articles of the Constitution in the daily activities of the state. For example, the criminal process details the circle of persons who are close relatives. This is done for the purpose, so that a person does not abuse his constitutional capabilities and does not interfere with the conduct of the investigation.
Certain echoes of Article 51 of the Basic Lawcan be seen in the criminal law. For example, in the Criminal Code of Russia there are such articles as 308 and 316. They provide for responsibility for refusing to testify and harboring the fact of committing a serious crime. If in this case we are talking about close relatives, then there will be no legal consequences for the culprits of these socially dangerous acts, since the actions will not contain the elements of the crime.
Features Part 2 of Art. 51 of the RF Constitution
The norm of the fundamental law mentioned in the article hasin its structure are two parts. If we dealt with the key moments of part 1, then many questions arise on part 2. In general, the legal construction envisaged by the second element of the article is very simple. It provides that the right to release from giving any evidence can be established in the norms of other legislative acts, and not just the Constitution. Thus, Article 56 of the Criminal Procedure Code of the Russian Federation provides an opportunity to not give explanations to jurors, judges, lawyers, clergymen, deputies of the State Duma and members of the Federation Council about facts related to their immediate activities.
Who is covered by Article 51 of the Constitution?
Very often the norms of the basic law are erroneousare perceived as something unattainable or unreal. However, the articles of the Constitution have a direct effect and can be used to regulate a large number of different legal relationships. As for the subjective composition, Article 51, as we indicated earlier, is in the chapter on human rights and citizenship. That is, we are talking about people in general, not just state-related personalities. Therefore, take 51 st. Everyone, without exception, has the right to become a Constitution, in a situation in which such a thing is necessary.
So, we have examined Art. 51 of the Constitution of the Russian Federation with commentaries. Its existence shows the desire of the Russian Federation for democratic changes and modernization of the entire legal system. Therefore, we can only hope that in the future the norm will not stop functioning, because it plays a big role in many processes.