FEATURES AND PROBLEMS OF THE CONSTITUTIONAL OBLIGATION OF THE STATE TO PROTECT HUMAN AND CIVIL RIGHTS AND FREEDOMS IN MODERN RUSSIA

Zavyalov Sergey Olegovich

This article is devoted to highlighting the current trends in the functioning of the state's human rights protection tools in the current conditions of the deployment of the domestic political and legal mechanism. The static and dynamic elements of the constitutional obligation of the state to protect human and civil rights and freedoms are highlighted. It is argued that the static component of the latter consists in a combination of regulatory (the legal establishment of the general legal principle of the unconditional value of human and civil rights and freedoms, the introduction of a corpus of such rights and disclosure of their main content) and protective (the introduction of all possible measures of public and private legal protection of human rights from various forms of deviant encroachment) segments. In the context of the dynamic aspect, attention is drawn to the shift of the current vector of state protection of constitutionally enshrined human rights and freedoms in modern Russia towards the predominance of public interests. In conclusion, it is concluded that the ambivalence of the statics and dynamics of human rights protection allows for a gradual reform of legal relations in terms of protecting the interests of an individual in conditions of rapid social turbulence and the overdue transition to collectivist orientations in constitutional (state) law.

Keywords:human rights, constitutional law, rule of law, traditional values, regulatory and protective legal relations, political and legal regulation