Тристан Д А _Summery (1138904), страница 2
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In their turn, researches targeting tostudy the issues of complaints filed with the Constitutional Court of Russia by citizengroups either just state that the Court applies an expansive approach to interpretation ofthe “group” term, or do not take into account all the specific features of the status andcharacteristics of citizen groups as an institutional result of implementation of theconstitutional freedom of association to make an adequate assessment of the laws andthe Court’s practice and develop careful suggestions about changing the regulatorycontrol over these issues.
The issues related to efficiency of constitutional judicialprotection of rights held by citizen groups have also not been subjected to scientificreflection in special researches.All the above testifies to an insufficient extent of previous research of the issuesrelated to protection of citizen groups’ rights by constitutional tribunals and serves as areason to research the claimed topic.The object of the thesis research is social relations arising in implementation ofthe constitutional freedom of association through creation and operation of voluntarygroups, exercise of their constitutional rights and freedoms, and protection of the samein constitutional proceedings. 6O.V.
Romanovskaya, “Citizen Group” Concept in Judgments of the Constitutional Court of the Russian Federation //Russian Juridical Journal, 2009, #5, pages 196 - 205. 7The subject of the thesis research is the provisions of international freedom ofassociation acts, constitutions and other regulations that enshrine the status of citizengroups, the procedure of creation and the range of their activities, and determine thegroups’ constitutional rights, freedoms and liabilities; the practices applied by domesticand foreign constitutional tribunals to define the scope of voluntary groups and otherparties that are proper holders of the right to a constitutional complaint, objects ofconstitutional control and subjects of constitutional judicial protection in case of acomplaints filed by groups, and terms, procedural features and efficient implementationof that right by the latter.Purpose and objectives of the thesis research.
The purpose of the thesis researchis a comprehensive and integrated definition of the constitutional status of voluntarygroups, their constitutional rights, freedoms and liabilities; determination of the scope ofgroups entitled to initiate a constitutional proceeding, and terms, procedural features andefficient constitutional judicial protection of their rights and freedoms. To attain theabove purpose, the author sets a number of objectives, such as:1. Research the legal basis of the constitutional status of citizen groups andrecognition of the same by holders of fundamental rights and freedoms of individuals;2.
Examine specific features of the content of constitutional freedom of associationas a legal guarantee of creation and operation of voluntary groups;3. Clarify the concepts and characteristics of voluntary groups to determine thescope of right holders being an institutional result of implementation of the freedom ofassociation;4. Determine the scope of applicability of the constitutional rights, freedoms andliabilities to citizen groups with a view to identify the object of constitutional judicialprotection and classify these rights;5.
Research the trends to constitutionalize the group’s branch rights and identifythe legal basis and the scope of their implementation;6. Determination of the position of constitutional justice within the system ofjudicial protection of the fundamental rights and freedoms held by citizen groups; 87. Assess the laws and constitutional tribunals’ practices as to identification of thescope of citizen groups holding the right to file complaints with the Constitutional Courtof Russia;8.
Research the terms and procedural features of implementation of the right to filecomplaints with the Constitutional Court of Russia by a citizen group, and efficientprotection of their fundamental rights and freedoms by constitutional tribunals;9. Provide suggestions about improving the laws regulating the scope of partiesholding the right to a constitutional complaint and the related implementation terms.The methodological framework of the research is formed both by generalscientific cognition methods (dialectical method, analysis and synthesis, induction anddeduction, analogy methods, etc.), and special methods (historical legal, formal legal,systematic structured, comparative legal methods).The historical legal method has been used by the author to study the process ofestablishment and development of the institution of citizen groups, gradual recognitionand legal formalization thereof in the struggle for freedom of association.The formal legal method has been widely used to analyze the legal acts and thelegal view adopted by the Constitutional Court of Russia, including those that regulatethe legal position of citizen groups and the constitutional judicial protection of theirrights.The systematic structured method has allowed determination of the meaning of thefreedom of association and the value of the institution of voluntary groups in thesociety, as well as understanding of the logically arranged content of the institutionsunder review and identification of their position in the system of social relations.The comparative legal method has allowed comparison of the legal control overthe constitutional status of citizen groups in Russia, foreign countries and atinternational level, and correlation of the approaches to recognition and protection ofthe fundamental rights and freedoms of associations in various systems of justice.The use of the above methodological tools has allowed the author to identify themajor issues related to the object of the research and outline new approaches to resolvethe same. 9The legal framework of the research is formed by international human rightsacts, as well as Russian and foreign constitutions, laws and regulations that regulate thefreedom of association, legal status of voluntary groups, their fundamental rights andfreedoms, the methods and procedure of protection of these rights employed byconstitutional tribunals.The empirical basis of the research includes the judicial practice employed bythe European Court of Human Rights, Constitutional Court of Russia (more than 3,500judgments have been analyzed), foreign constitutional control authorities, constitutional(statutory) courts of the federal subjects of the Russian Federation and courts of generaljurisdiction, which practice addresses the issues of the constitutional legal status ofcitizen groups, recognition of fundamental rights and freedoms held by the groups andefficient protection thereof, identification of the scope of parties holding the right to aconstitutional complaint and other issues included in the object of the thesis research.The scientific novelty of the thesis research is that comprehensively addressesthe issues that have never been subjected to an in-depth systems analysis before, i.e.
thathave been addressed fragmentarily or have not been reflected in scientific literature atall. The thesis analyzes the issues related to recognition of groups by holders ofconstitutional rights and freedoms, and a special role of the constitutional justice injudicial protection of these rights, as a system.The novelty also originates from a completed analysis of multiple domestic andforeign regulations, judicial practices and scientific papers that allows the author tosubstantiate the applicability of the provisions of the Constitution of the RussianFederation on rights and freedoms of individuals and constitutional principles to citizengroups and define the scope of the applicability.
Having generalized the practiceemployed by constitutional tribunals, the author has studied the interpretation of theconcept of citizen groups holding the right to a constitutional complaint by the enforcer,identified the role of the Constitutional Court of Russia in development of the rights,and drawn attention to the conflict between the represented legal views on this issueallowing him to make a number of suggestions to the Russian legislator and enforcer.Basic provisions of the thesis research to be defended: 101. The conclusion that the proclamation of the freedom of association and theactual implementation thereof in practice were key factors allowing recognition of thegroups as independent and the most active participants of legal relations having theirown constitutional status and as holders of the constitutional and other rights, and thus,acknowledgement of the admissibility of the rights to protection, in particular byconstitutional tribunals, has been substantiated.
This freedom is not limited to the areaof politics, but has a combined and comprehensive nature and guarantees creation andoperation of the groups in any areas (culture, science, charity, human rights andbusiness activities, etc.) that are related to illegal activities.2.
The research of the current laws and law enforcement practice has allowedidentification of the following constitutional legal criteria to be met by a citizen group:1) voluntary nature; 2) participation of at least two parties in the group; 3) commontargets and interests; 4) organizational unity; 5) legal creation and operation.
A failure tomeet any of the above criteria by a social organization means that it must not beregarded as a voluntary citizen group. Therefore, such entities as government andmunicipal enterprises and institutions, bar and notary chambers, self-regulatoryorganizations, legal entities with a sole shareholder, municipalities, federal subjects ofthe Russian Federation and some others are not an institutional result of implementationof the freedom of association.3. The analysis of the modern experience of constitutional construction in foreigncountries and practices employed by the Constitutional Court of Russia and theEuropean Court of Human Rights has allowed determination that fundamental rightsand freedoms are held by citizen groups to the extent that the essence and nature ofthese rights and freedoms allow such a possibility.Alongside with that, there is no clear division into rights held by individuals onlyand those that apply, among others, to groups.
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