Тристан Д А _Summery (1138904), страница 4
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The generalconceptual approaches set forth in the thesis aim target the government at providinggroups with the broadest access to the constitutional justice. The results of the researchcan be used in the research and education process in such disciplines as RussianConstitutional Law, Foreign Constitutional Law, Comparative Constitutional Law andConstitutional Justice, and topics of special curses dedicated to human rights andmethods of protection thereof.The validity of the research results is secured by the broad use of domestic andforeign laws, judicial practice and scientific publications by the author. The conclusionsdrawn are based on a detailed analysis, consistent comparison and weighting of variouspoints of view on the issues under research that are both in agreement with the author’sview and in conflict with the same.Evaluation of the research results.
The basic results of the thesis research havebeen presented in five publications by the author on the topic of the thesis and atresearch to practice conferences. The key findings made in the course of the author’sresearch have successfully passed certification at the state final examination, where theauthor prepared and presented the Citizen Groups as Holders of the Right to FileComplaints with the Constitutional Court of the Russian Federation lecture for theModern Law Issues: Constitutional Law academic course taught within the Public Lawmaster’s program at the faculty of law in the National Research University HigherSchool of Economics, and delivered a scientific report on the basic results of the thesisresearch. The provisions to be defended have been also discussed and positively 16received at the meetings of the department of constitutional and administrative law ofthe National Research University Higher School of Economics.The structure of the thesis reflects the research logic.
The thesis consists of anintroduction, two chapters including eight paragraphs, a conclusion and a reference list.SUMMARYThe introduction discusses the relevancy, level of academic elaboration, scopeand subject matter, purpose and objectives of the study, describes its methodological,theoretic and doctrinal foundation, empirical base and scientific originality, contains themain provisions for defense of the thesis, substantiates the accuracy and theoretic andpractical significance of its results, informs about their assessment, and provides a briefstructure of the entire study.The first chapter “Citizen Groups: Historic Legal and General TheoreticIssues” of the thesis addresses the general theoretic aspects of the concept and specificelements of citizen groups developed through the exercise of the human right toassociations provided by Article 30 of the Russian Constitution.
It considers the issuesrelated to development, legal framing and regulation of citizen groups as a socialinstitution and defines the concept of freedom of association which constitutes the basisof their constitutional legal standing. Also, in this chapter the author providesclassification of citizen groups based on various grounds. It is demonstrated that to theextent these issues are ignored it would be impossible to provide sound andcomprehensive coverage of the main points of this study, such as the range of citizengroups entitled to file constitutional complaints, the grounds for and difficulties inprotecting their rights and freedoms by authorities of constitutional justice, as well as toevaluate the justifiability and consistence of practice and legal positions of theConstitutional Court in this regard.The first paragraph “The History of Establishment and Development of CitizenGroups and Freedom of Association” of the first chapter is focused on the emergenceand development stages, legal framing and regulation of citizen groups, as well as theestablishment of freedom of association as a universal legal basis for the status ofcitizen groups. 17The establishment of the freedom of association was preceded by a long process ofstruggle accompanied with persecution, prohibitions and punishments.
The firstconstitutional acts based on liberal ideas (such as U.S. Constitution of 1787 and FrenchConstitution of 1791) contained no word about the freedom of association. However,the right to creation of or activity as a group as such was generally of axiomatic nature.Absent any direct regulation, the freedom to creation of and activity as a group inEurope were based on the generally established principle that “everything is freelyallowed except what is explicitly legally forbidden”, even at that time. At the outset, thelack of any rules governing the creation and operation of groups was favoring theirdevelopment, improved self-governance, increase in number, and strong influence insocieties.As the Western European states (France, Germany, and England) were recognizingthe freedom of association by legalizing it at the highest – constitutional – level in thelate XVIII – middle XIX century, they were concurrently introducing the measures tolimit and oppress that freedom, because the ruling elite was aware of the real threat suchfreedom could pose to their monopolistic power of promoting the role of organizedgroups.In Russia, the establishment of freedom of association and constitutional standingof citizen groups also took several centuries.
The gradual development of this instituteand judicial protection of groups’ rights was interrupted by the rising of bolshevistpower, when such freedom was almost completely inhibited and subsequently, thoughformally proclaimed in constitutional instruments, became purely artificial.
Moreover,the citizen groups were not considered as holders of any constitutional rights orfreedoms as such. The constitutional right of people to associations and theconstitutional status of the latter were reinstated only in late 1980-ies and early 1990ies.The proclamation of a common right to association and the ways it is actuallyexercised were of critical importance for acknowledgement of such rights byindependent and most active subjects of legal relationships, for recognition of theseparties as holders of constitutional and other rights and freedoms and, as a sequence, 18entitled to protection of these rights, particularly by the constitutional justice authorities.The scope of such rights and freedoms, as well as legal opportunities for theirprotection, were directly dependent on the extent of genuine recognition and support ofthe freedom to associate.
In practical terms, where the freedom of association is notproperly guaranteed at constitutional level, the citizen groups are denied recognition ofconstitutional status and enforcement of their fundamental civil rights and freedoms. Ifthe government refuses to legalize and guarantee the freedom of associationconstitutionally as the key guarantee of legal standing for voluntary associations, thevery point of providing such groups with opportunities for protection of their rightsthrough institutions of constitutional justice becomes irrelevant.The second paragraph “The Concept, Nature and Content of Freedom ofAssociation” of the first chapter provides analysis of legal opportunities offered by thefreedom of association.By its nature, the freedom of association constitutes the basis for establishment ofcollective subjects with their own legal constitutional status. The inherent elements ofthis status are the fundamental civil rights and freedoms which may be exercised by agroup and protected by authorities of constitutional justice.The freedom of association is multidimensional due to its complex andsophisticated structure which incorporates a whole range of specific and substantiveinterrelated competences reviewed in this thesis in full detail.
Each of its components isso important for the freedom of association to be implemented to the fullest extent andin the most efficient manner, that any violent interference by the government with anysuch competence would mean an infringement upon the key essence of such freedom ingeneral and a distortion of its nature.Based on review of specific competences inherent to the freedom of association,we formulate the findings concerning the independent competence of a citizen group toobtain legal personality as opposed to the right of association as such, and the need inmodernization of procedural law to simplify the grounds for seeking protection of one’sinterests.The thesis provides classification of capacities related to the freedom of association 19by two criteria, based on the subjects exercising such capacities and the forms ofactivity they may use to exercise those capacities.
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