LEBEDEV Valerian Alekseyevich, Doctor of Juridical Science, Professor, Honored Scientist of the Russian Federation, Honored Lawyer of the Russian Federation, Honored Official within the sphere of higher professional education of the Russian Federation, Professor of Constitutional and Municipal Law Department of Moscow State Law Academy named after O. E. Kutafin, Moscow. Bld. 9., str. Sadovaya Kudrinskaya, Moscow, 123995. E-mail: lebedev_va@bk.ru

342.7

Х400.3 + Х400.32 + Х400.1

In this article the rights and freedoms of the person and the citizen in the Russian Federation are considered. The author notes that the constitutional declaration of the rights and freedoms as a supreme value in real life doesn’t mean an effective implementation as the efficient really functioning mechanism of its implementation, ensuring secure and protection from the position of guarantees of the rights of the personality is required. At the same time the constitutional regulation about recognition of the person, his rights and freedoms as the supreme value is inseparably linked with the legal massif determining the mechanism of lawful restrictions of the rights and freedoms of the person and the citizen. A distinction between a lawful restriction of the rights and freedoms and the actual denial is drawn in this article. Restrictions shall be set by the legislator not randomly, and on the basis of the Constitution, the concepts of justice pledged in it, equality and harmony. Despite the variety of scientific opinions the purpose is statement and development of the rights and freedoms of the person and the citizen as a valuable priority, as the fundamental idea expressed in the Constitution of the Russian Federation.

the Constitution, person, rights and freedoms as the supreme constitutional value, jural state, the Constitutional Court, restriction of rights and freedoms of the person, mechanism of implementation, guarantees of rights of the personality.