The right of citizens to judicial protection, forms of protection

The right of citizens to judicial protection is prescribed in the main law of the state. In addition, it is guaranteed to all foreigners, individuals and legal entities. Judicial protection extends not only to those rights and freedoms of citizens that are provided for by the Constitution, but also to those specified in other laws and acts.

Definition

The right of citizens to judicial protection is guaranteed by the Constitution. It represents the possibility of applying to higher authorities in order to defend their legitimate interests. Because all people are equal before the law and therefore they have equal rights to privacy, freedom, property, privacy of correspondence, labor, education, inviolability of private property. Here it can be noted that a rehabilitated person can go to court to restore justice and demand compensation for moral harm. The accused has the right to apply for a presence at the jury trial. A person who has been refused employment can also go to court.

Provided by the Constitution

Everyone can apply to the court in order to protect the violated rights, which is provided for by the basic law of the state. Almost any action or inaction of local authorities and officials can be recognized as illegal and will be abolished.

The right of citizens to judicial protection lies in the fact that they can apply to this body and they will have to consider their application, after which they will take an appropriate decision. The latter can also be appealed to a higher authority.

Capabilities

The right of citizens to judicial protection is also in the fact that every person who has transgressed the law and found himself in the dock may request the consideration of his case with the participation of jurors. These persons will make their verdict, independent of any opinion. Most people consider such a court as humane.

If the decision of this body is unfair, then a person will be able to appeal to him in the supreme instance, which also fixes the right of citizens to judicial protection.

Principles

The presumption of innocence of man is a direct proof that there is a judicial protection of the rights and freedoms of citizens. Because no one can be convicted until the verdict becomes legally valid. Thus, a person under investigation can not yet be called a criminal.

Moreover, the judicial protection of citizens' rights and freedoms consists in the fact that no one can serve a sentence twice for the same crime. The evidence on which the sentence is based must be properly collected, without violating the norms of the CCP. Also, do not forget that a person can not testify against himself and his loved ones and relatives. This is stated in Article 51 of the basic law of the state.

In addition, the Constitution provides for compensation for harm to a person in the event that it was caused to him by illegal actions of authorities and officials. By the way, judicial protection of rights and freedoms of a citizen of the Russian Federation is not always carried out in accordance with the law. In practice, a sufficient number of such cases occur.

In addition, each person has the right to exercise his defense in court with the help of a qualified defender. The accused are provided free of charge, if they are unable to afford a paid lawyer because of a lack of money. A competent and highly qualified lawyer knows how to get around all the tricks of the law and help his trustee. In most cases, people lose their processes because they do not know how to correctly formulate their arguments and prove the truth in court. Therefore, it is not worth hoping for a miracle, but resorting to the services of a lawyer.

Ensuring the right of citizens to judicial protection once again emphasizes the fact that a person lives in a democratic state, where his freedoms are the highest value.

Ways

Everyone can apply to the court to protect their interests, as well as to other bodies that have the right to resolve disputed issues.

For example, a citizen who has complicated relations with the company's management has the opportunity to change the situation to his side if he writes an application to the labor commission, after which he will have the right to apply to the court. Either the buyer who purchased the low-quality goods, can write a claim to the manufacturer and get an answer from him, then apply to the court. As a rule, all issues in such situations can be resolved peacefully, if we agree among ourselves.

As practice shows, the judicial procedure for the protection of citizens' rights is the most beneficial for them. Because in this case they will be able to receive compensation for moral harm, if they prove the fact of violation of their rights.

Forms

Ensuring the right of citizens to judicial protection can only be realized if the meeting is held. It is spelled out in the main law of the state. In addition, when applying to this body, the case can be considered only in the form of justice.

Objects of protection in this case will be only those rights and interests that have been violated, for example: the right to education, work, the inviolability of the home, the secret of negotiations. Their restoration is guaranteed by the Constitution.

The judicial procedure for the protection of citizens' rights will depend on what the application will be, and on the issue that needs to be resolved. For example, preparation for the consideration of a divorce case can take up to two months, and the requirement to pay alimony is met on the same day.

An important role will be played by the proper definition of jurisdiction. Everything will depend on which issue should be resolved. In addition, jurors are entitled to take part in criminal cases in court . If a person is accused of committing a particularly serious crime, the assistance of a lawyer in this case is provided free of charge.

Existing problems

Very often the right of a citizen of the Russian Federation to judicial protection is not only not fully realized, but also violated by representatives of this system. In practice, often enough people face corruption and non-compliance with laws.

Accordingly, the state provides for the responsibility of officials for such offenses, but in order to prove these facts, one must have irrefutable evidence and possess professional knowledge and skills. In order to comply with the judicial order of the rights of citizens, people simply need to seek the help of professional defenders.

Labor disputes

Appeals of people to court, because their rights are violated by employers occupy one of the leading positions in the field of civil cases. There are many such examples in practice. One employee was improperly reduced, the second was simply fired, the third was not allowed to leave. Therefore, judicial and legal protection of the rights of citizens is quite common.

Let us give an example. The employee did not come to work on time, because he could not wait for the arrival of public transport due to the large number of traffic jams. So he was three hours late. At that time, the head, without waiting for explanatory, simply dismissed him for absenteeism. The incoming employee had to take his work book and go to court.

When reviewing the materials of the case, it turned out that the employer did not even take explanatory explanations from him, but simply dismissed him. At the same time, the court stood up for the protection of the citizen and in his decision pointed out that the termination of the employment contract was illegal because the delay of less than four hours of walking is not considered. It was enough to make a remark. The employee was reinstated in the workplace with payment of compensation for the time of forced absenteeism.

Civil cases

Judicial protection of the rights of citizens and organizations is aimed at reducing the level of non-observance of laws by state bodies and officials in the performance of their duties. The following civil cases can be classified in this category:

- divorce;

- recovery of alimony for children, incapacitated spouses;

- illegal dismissal and not payment of wages, vacation, settlement;

- land disputes concerning land surveying of land plots;

- accession to inheritance rights;

- transactions that go beyond legal norms.

It should also be noted that, depending on the jurisdiction, disagreements between these persons can be resolved by the world or district courts. At the same time, this category of cases is quite significant, because it affects the interests of participants in civil legal relations.

Violation of fundamental rights

Every citizen can apply to the court if he believes that his interests were violated. In this case, the judicial protection of rights, freedoms of a person, a citizen is enshrined in the basic law of the state. However, he can use the help of a professional defender. It will not matter here, the convict he, the accused, the deputy or the head of the enterprise - all are equal before the law.

In practice, there are often situations where judicial protection of human rights, the citizen is especially necessary. In general, this applies to cases when a person needs:

- in recovery at work, because he has nothing to feed himself and his family;

- illegal entry into its residential premises, which is in the property and inventory of the property;

- Compensation for harm caused by a criminal act.

The court, in reviewing the case and studying its materials, tries with maximum precision to resolve the conflict that has arisen or to take a decision that restores social justice. Otherwise, it can be appealed to a higher authority.

Guarantees

Judicial protection of rights and interests of citizens is prescribed in the main law of the state. In addition, every person has the right to apply not only to the court located at his place of residence, but also to a higher one. Of course, if it is possible to ensure the representation of their interests in court with the help of a qualified lawyer, it simply needs to be used. Because to know only one laws is not enough to win the process, you need to be able to apply them in practice.

Constitutional judicial protection of the rights of citizens is an opportunity to appeal to any state body, even in one that is outside the country. It is also necessary to properly draw up your complaint and application, because the document, executed in violation of the procedural norms, is, as a rule, not accepted.

In addition, every person can apply to the Constitutional Court of Russia, but only if his rights, enshrined in the basic law of the state, are violated by other non-compliant regulatory enactments. At the same time, it is necessary to take into account the fact that the application, filed improperly, will be rejected and returned to the citizen. Therefore, it must necessarily contain references to those legislative acts that violate the norms of the Constitution, including the fundamental rights and interests of people.

Protection of entrepreneurs

Protection of interests of people engaged in business is provided for by the most important law of the country. Entrepreneurs have the right to protect their interests by all, not prohibited methods, they are guaranteed compensation for damage and harm caused, free movement of goods and services. They can also restore their business reputation.

Judicial forms of protection of the rights of citizens and entrepreneurs are a specific activity of competent state bodies. The essence here is that a person seeks help by writing an application.

These forms of protection designate the activities of such bodies as:

- Constitutional Court;

- arbitration;

- General jurisdiction (regional, regional, provincial).

Each has its own functions and powers. As a rule, disputes between entrepreneurs, organizations, companies are considered in arbitration courts. In this case, the appeal to the state body must also be made in writing. At the process, the interests of the legal entity are represented by a trusted person from the organization. If a court passes a decision that is not satisfied by both parties, they can appeal against it to a higher authority.

Other forms

Protection of the rights and interests of people can be carried out on a pre-trial basis. Thus, it is possible to resolve the conflict that has arisen without even turning to the relevant state bodies.

There are the following extrajudicial forms of protection of violated rights:

- Notarial, is effective enough at the dissolution of marriage, when a dispute arises between the former spouses about the amount of alimony, the concluded agreement in this case will have the force of the writ of execution;

- Arbitration proceedings, which are widely distributed between commercial organizations and firms;

- by writing a claim indicating all the reasons for which the interests of another person are violated.

Features

When a citizen applies to a court, it is necessary to take into account the fact that all the materials of the case are examined by these state bodies in a certain order. Therefore, it is not worth waiting for an instant resolution of the dispute. To prepare for civil proceedings, which is considered by the district court, the period of consideration from the moment the lawsuit is filed is approximately two months. While in the world this period is four weeks. If it concerns only issuing a court order, then it can be issued on the day of filing the application.

Before applying to a court, it is best to contact an experienced lawyer who will help draw up an action, complaint or any other document. In addition, a person who is well versed in the legislation will immediately determine the jurisdiction of the case and will transfer all the necessary papers to the required state body, thereby saving time and nerves of his client.

Value

The basic law of the state guarantees every person and citizen the right to defend his interests in court. On this basis, it is impossible to hold a person guilty until it is established in the course of the investigation and the meeting of this state body. At the same time, no one can be convicted twice for the same crime. In the event that human rights have been violated by unlawful prosecution, he can apply to this state body with a claim for compensation for non-pecuniary damage.

Professional protection

If it is a question of violated rights and interests that need to be restored as soon as possible, it is best for a person to consult a lawyer who will help find a legal way out of a difficult life situation. Because one knowledge of laws is not enough to prove your case in court. Especially if it's criminal. Of course, in this case, the services of the defender are provided to the accused absolutely free of charge. A qualified specialist is capable of making all necessary applications, petitions, complaints against the actions of officials and hand over to the court for consideration.

Before you use the services of a lawyer, you need to establish psychological contact with him. It should be easy for a person to work with and share their experiences and problems. In addition, a citizen will be able at any time while the trial continues , consult with his defender and, if necessary, replace it with another.

Also, a citizen needs to remember that a lawyer starts to do his job only after the latter concludes an agreement with him, in which all conditions for his interaction with the client will be prescribed. Without this document, a professional lawyer has no right to represent a person's interests in a judicial authority.