Russia is a state of law: de facto or only de jure

Russia is a state of law: de facto or only de jure
Russia is a state of law: de facto or only de jure
Anonim

The rule of law is one in which there is the rule of law for all sectors of society. In it, human rights are protected by law, and the judiciary is independent of the legislative and executive branches of government. Laws in such a country are adopted for the benefit of society as a whole and each citizen individually. Based on these provisions, is it possible to assert that Russia is a state of law? Or does she have such a status only de jure?

Russia is a rule of law state
Russia is a rule of law state

Problems of the formation of a rule of law state in Russia have existed for more than one century. Until 1861, serfdom existed in our country. Decree of Alexander II, it was canceled. But the question is whether this heritage has been outlived or whether it still weighs on us. Legislation protecting the rights of ordinary people at that time was not adopted. Since then, by and large, little has changed.

An attempt to state that Russia is a state of law, or at leastat least trying to become one, was undertaken during the revolution of 1905. The State Duma, under pressure from the masses, even seemed to agree to the adoption of the Constitution, but soon the fairy tale takes its toll, and things in Russia are done very slowly. The First World War and the subsequent revolution put an end to this attempt. The constitution was already adopted by the Bolsheviks in 1918, but the dictatorship of the proletariat was legally enshrined in it, and the rights of a citizen diverge from its postulates. The law continued to be just

problems of the formation of the rule of law in Russia
problems of the formation of the rule of law in Russia

declarative concept. Constitutions were changed several more times, but the position of human rights and the attitude of legislation towards them did not change.

They started talking about the fact that Russia is a state of law after the collapse of the USSR and the 1993 coup. The authorities again declared their desire to create a Constitution that works for people, as well as to respect the rights of their citizens. At the same time, the "Declaration on the Rights of Man" and the "Declaration on the Rights of the Child" were signed. It must be said that the Russian Government of the sample of the first half of the 90s easily signed various legislative acts that were not supported financially, and many laws also lacked an implementation mechanism. In this regard, we have gone in a new circle. The legislative base was not supported by additional incentives, there were no implementation algorithms. This is probably the main problem of the formation of the rule of law in Russia.

At the moment, the authorities are trying to prove to the citizens of the country and the worldcommunity that Russia is a state of law not just de jure, but also de facto. By

problems of the formation of the rule of law in Russia
problems of the formation of the rule of law in Russia

to a large extent, if you set yourself such a goal and prove how much of a legal state Russia is, then this can be found out empirically. After analyzing the situation at the moment, one thing can be said for sure. Today, the country is at a stage of development in which the scales can tilt in one direction or another. If the authorities (especially local self-government) are trying to prove to themselves and others that their will is the law, then nothing changes in the country. There are citizens who have already proved to the authorities that there is a law that is the same for everyone. And there is a huge segment of the population that adheres to neutrality (out of harm's way). So whether we will live in a state of law directly depends on how we ourselves will abide by the law and demand this from the branches of government.

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