CHAPTER
2. Rights and Liberties of Man and Citizen
Article
17.
1. The basic rights and liberties in conformity with the
commonly recognized principles and norms of the
international law shall be recognized and guaranteed in
the Russian Federation and under this
Constitution.
2. The basic rights and liberties of the human being
shall be inalienable and shall belong to everyone from
birth.
3. The exercise of rights and liberties of a human being
and citizen may not violate the rights and liberties of
other persons.
Article
18.
The rights and liberties of man and citizen shall have
direct effect. They shall determine the meaning, content
and application of the laws, and the activities of the
legislative and executive branches and local
self-government, and shall be secured by the judiciary.
Article
19.
1. All people shall be equal before the law and in the
court of law.
2. The state shall guarantee the equality of rights and
liberties regardless of sex, race, nationality, language,
origin, property or employment status, residence,
attitude to religion, convictions,
membership of public associations or any other
circumstance. Any restrictions of the rights of citizens
on social, racial, national, linguistic or religious
grounds shall be forbidden.
3. Man and woman shall have equal rights and liberties
and equal opportunities for their pursuit.
Article
20.
1. Everyone shall have the right to life.
2. Capital punishment may, until its abolition, be
instituted by the federal law as exceptional punishment
for especially grave crimes against life, with the
accused having the right to have his case
considered in a law court by jury.
Article
21.
1. The dignity of the person shall be protected by the
state. No circumstance may be used as a pretext for
belittling it.
2. No one may be subjected to torture, violence or any
other harsh or humiliating treatment or punishment. No
one may be subjected to medical, scientific or other
experiments without his or her free consent.
Article
22.
1. Everyone shall have the right to freedom and personal
inviolability.
2. Arrest, detention and keeping in custody shall be
allowed only by an order of a court of law. No person may
be detained for more than 48 hours without an order of a
court of law.
Article
23.
1. Everyone shall have the right to privacy, to personal
and family secrets, and to protection of one's honor and
good name.
2. Everyone shall have the right to privacy of
correspondence, telephone communications, mail, cables
and other communications. Any restriction of this right
shall be allowed only under an order of a court of law.
Article
24.
1. It shall be forbidden to gather, store, use and
disseminate information on the private life of any person
without his/her consent.
2. The bodies of state authority and the bodies of local
self-government and the officials thereof shall provide
to each citizen access to any documents and materials
directly affecting his/her rights and
liberties unless otherwise stipulated under the law.
Article
25.
The home shall be inviolable. No one shall have the right
to enter the home against the will of persons residing in
it except in cases stipulated by the federal law or under
an order of a court of law.
Article
26.
Everyone shall have the right to determine and state his
national identity. No one can be forced to determine and
state his national identity. Everyone shall have the
right to use his native language, freely choose the
language of communication, education, training and
creative work.
Article
27.
1. Everyone who is lawfully staying on the territory of
the Russian Federation shall have the right to freedom of
movement and to choose the place to stay and reside.
2. Everyone shall be free to leave the boundaries of the
Russian Federation. The citizens of the Russian
Federation shall have the right to freely return into the
Russian Federation.
Article
28.
Everyone shall be guaranteed the right to freedom of
conscience, to freedom of religious worship, including
the right to profess, individually or jointly with
others, any religion, or to profess no religion, to
freely choose, possess and disseminate religious or other
beliefs, and to act in conformity with them.
Article
29.
1. Everyone shall have the right to freedom of thought
and speech.
2. Propaganda or campaigning inciting social, racial,
national or religious hatred and strife is impermissible.
The propaganda of social, racial, national, religious or
language superiority is
forbidden.
3. No one may be coerced into expressing one's views and
convictions or into renouncing them.
4. Everyone shall have the right to seek, get, transfer,
produce and disseminate information by any lawful means.
The list of information constituting the state secret
shall be established by the federal law.
5. The freedom of the mass media shall be guaranteed.
Censorship shall be prohibited.
Article
30.
1. Everyone shall have the right to association,including
the right to create trade unions in order to protect
one's interests. The freedom of public associations
activities shall be guaranteed.
2. No one may be coerced into joining any association or
into membership thereof.
Article
31.
Citizens of the Russian Federation shall have the right
to gather peacefully, without weapons, and to hold
meetings, rallies, demonstrations, marches and pickets.
Article
32.
1. Citizens of the Russian Federation shall have the
right to participate in the administration of the affairs
of the state both directly and through their
representatives.
2. Citizens of the Russian Federation shall have the
right to elect and to be elected to bodies of state
governance and to organs of local self-government, as
well as take part in a referendum.
3. Citizens who have been found by a court of law to be
under special disability, and also citizens placed in
detention under a court verdict, shall not have the right
to elect or to be elected.
4. Citizens of the Russian Federation shall have equal
access to state service.
5. Citizens of the Russian Federation shall have the
right to participate in administering justice.
Article
33.
Citizens of the Russian Federation shall have the right
to turn personally to, and send individual and collective
petitions to state bodies and bodies of local self-government.
Article
34.
Everyone shall have the right to freely use his or her
abilities and property for entrepreneurial or any other
economic activity not prohibited by the law.
2. No economic activity aimed at monopolization or unfair
competition shall be allowed.
Article
35.
1. The right of private property shall be protected by
law.
2. Everyone shall have the right to have property in his
or her ownership, to possess, use and manage it either
individually or jointly with other persons.
3. No one may be arbitrarily deprived of his or her
property unless on the basis of decision by a court of
law. Property can be forcibly alienated for state needs
only on condition of a preliminary and equal
compensation.
4. The right of inheritance shall be guaranteed.
Article
36.
1. Citizens and their associations shall have the right
to have land in their private ownership.
2. The possession, use and management of the land and
other natural resources shall be freely exercised by
their owners provided this does not cause damage to the
environment or infringe upon the rights and interests of
other persons.
3. The terms and procedures for the use of land shall be
determined on the basis of federal laws.
Article
37.
1. Work shall be free. Everyone shall have the right to
make free use of his or her abilities for work and to
choose a type of activity and occupation.
2. Forced labor shall be prohibited.
3. Everyone shall have the right to work under conditions
meeting the requirements of safety and hygiene, to
remuneration for work without any discrimination
whatsoever and not below the statutory minimum wage, and
also the right to security against unemployment.
4. The right to individual and collective labor disputes
with the use of means of resolution thereof established
by federal law, including the right to strike, shall be
recognized.
5. Everyone shall have the right to rest and leisure. A
person having a work contract shall be guaranteed the
statutory duration of the work time, days off and
holidays, and paid annual vacation.
Article
38.
1. Motherhood and childhood, and the family shall be
under state protection.
2. Care for children and their upbringing shall be the
equal right and duty of the parents.
3. Employable children who have reached 18 years old
shall care for their non-employable parents.
Article
39.
1. Everyone shall be guaranteed social security in old
age, in case of disease, invalidity, loss of breadwinner,
to bring up children and in other cases established by
law.
2. State pensions and social benefits shall be
established by laws.
3. Voluntary social insurance, development of additional
forms of social security and charity shall be encouraged.
Article
40.
1. Everyone shall have the right to a home. No one may be
arbitrarily deprived of a home.
2. State bodies and organs of local self-government shall
encourage home construction and create conditions for the
realization of the right to a home.
3. Low-income citizens and other citizens, defined by the
law, who are in need of housing shall be housed free of
charge or for affordable pay from government, municipal
and other housing funds in conformity with the norms
stipulated by the law.
Article
41.
1. Everyone shall have the right to health care and
medical assistance. Medical assistance shall be made
available by state and municipal health care institutions
to citizens free of charge, with the money from the
relevant budget, insurance payments and other revenues.
2. The Russian Federation shall finance federal health
care and health-building programs, take measures to
develop state, municipal and private health care systems,
encourage activities contributing to the strengthening of
the man's health, to the development of physical
culture and sport, and to ecological, sanitary and
epidemiologic welfare.
3. Concealment by officials of facts and circumstances
posing hazards to human life and health shall involve
liability in conformity with the federal law.
Article
42.
Everyone shall have the right to a favorable environment,
reliable information about its condition and to
compensation for the damage caused to his or her health
or property by ecological violations.
Article
43.
1. Everyone shall have the right to education.
2. The accessibility and gratuity of pre-school, general
secondary and vocational secondary education in public
and municipal educational institutions and enterprises
shall be guaranteed.
3. Everyone shall have the right to receive, free of
charge and on a competitive basis, higher education in a
state or municipal educational institution or enterprise.
4. Basic general education shall be mandatory. Parents or
persons substituting for them shall make provisions for
their children to receive basic general education.
5. The Russian Federation shall institute federal state
educational standards and support various forms of
education and self-education.
Article
44.
1. Everyone shall be guaranteed freedom of literary,
artistic, scientific,intellectual and other types of
creative activity and tuition. Intellectual property
shall be protected by the law.
2. Everyone shall have the right to participation in
cultural life, to the use of institutions of culture, and
access to cultural values.
3. Everyone shall care for the preservation of the
historic and cultural heritage and safeguard landmarks of
history and culture.
Article
45.
1. State protection for human rights and liberties in the
Russian Federation shall be guaranteed.
2. Everyone shall have the right to defend his or her
rights and liberties by any means not prohibited by the law.
Article
46.
1. Everyone shall be guaranteed protection of his or her
rights and liberties in a court of law.
2. The decisions and actions (or inaction) of state
organs, organs of local self-government, public
associations and officials may be appealed against in a
court of law.
3. In conformity with the international treaties of the
Russian Federation, everyone shall have the right to turn
to interstate organs concerned with the protection of
human rights and liberties when all
the means of legal protection available within the state
have been exhausted.
Article
47.
1. No one may be denied the right to having his or her
case reviewed by the court and the judge under whose
jurisdiction the given case falls under the law.
2. Anyone charged with a crime has the right to have his
or her case reviewed by a court of law with the
participation of jurors in cases stipulated by the
federal law.
Article
48.
1. Everyone shall be guaranteed the right to qualified
legal counsel. Legal counsel shall be provided free of
charge in cases stipulated by the law.
2. Every person who has been detained, taken into custody
or charged with a crime shall have the right to legal
counsel (defense attorney) from the moment of,
respectively, detention or indictment.
Article
49.
1. Everyone charged with a crime shall be considered not
guilty until his or her guilt has been proven in
conformity with the procedures stipulated by the federal
law and established by the verdict of a
court of law.
2. The defendant shall not be obliged to prove his or her
innocence.
3. The benefit of doubt shall be interpreted in favor of
the defendant.
Article
50.
1. No oe may be repeatedly convicted for the same
offense.
2. In the administration ofjustice no evidence obtained
in violation of the federal law shall be allowed.
3. Everyone sentenced for a crime shall have the right to
have the sentence reviewed by a higher court according to
the procedure instituted by the federal law, and also the
right to plea for clemency or mitigation punishment.
Article
51.
1. No one shall be obliged to give evidence against
himself or herself, for his or her spouse and close
relatives, the range of which shall be established by the
federal law.
2. The federal law may stipulate other exemptions from
the obligation to give evidence.
Article
52.
The rights of persons who have sustained harm from crimes
and abuses of power shall be protected by the law. The
state shall guarantee the victims access to justice and
compensation for damage.
Article
53.
Everyone shall have the right to compensation by the
state for the damage caused by unlawful actions (or
inaction) of state organs, or their officials.
Article
54.
1. The law instituting or aggravating the liability of a
person shall have no retroactive force.
2. No one may be held liable for an action which was not
recognized as an offense at the time of its commitment.
If liability for an offense has been lifted or mitigated
after its perpetration, the new law shall apply.
Article
55.
1. The listing of the basic rights and liberties in the
Constitution of the Russian Federation shall not be
interpreted as the denial or belittlement of the other
commonly recognized human and citizens' rights and
liberties.
2. No laws denying or belittling human and civil rights
and liberties may be issued in the Russian Federation.
3. Human and civil rights and liberties may be restricted
by the federal law only to the extent required for the
protection of the fundamentals of the constitutional
system, morality, health, rights and lawful interests of
other persons, for ensuring the defense of the country
and the security of the state.
Article
56.
1. Individual restrictions of rights and liberties with
identification of the extent and term of their duration
may be instituted in conformity with the federal
constitutional law under conditions of the state of
emergency in order to ensure the safety of citizens and
protection of the constitutional system.
2. A state of emergency throughout the territory of the
Russian Federation and in individual areas thereof may be
introduced in the circumstances and in conformity with
the procedures defined by the federal constitutional law.
3. The rights and liberties stipulated by Articles 20,
21, 23 (part 1), 24, 28, 34 (part 1), 40 (part 1), 46-54
of the Constitution of the Russian Federation shall not
be subject to restriction.
Article
57.
Everyone shall pay lawful taxes and fees. Laws
introducing new taxes or worsening the situation of tax
payers shall not have retroactive force.
Article
58.
Everyone shall be obliged to preserve nature and the
environment, and care for natural wealth.
Article
59.
1. Defense of the homeland shall be a duty and obligation
of the citizen of the Russian Federation.
2. The citizen of the Russian Federation shall do
military service inconformity with the federal law.
3. The citizen of the Russian Federation whose
convictions and faith are at odds with military service,
and also in other cases stipulated by the federal law
shall have the right to the substitution of an
alternative civil service for military service.
Article
60.
The citizen of the Russian Federation shall be recognized
to be of legal age and may independently exercise his
rights and duties in full upon reaching the age of 18.
Article
61.
1. The citizen of the Russian Federation may not be
deported out of Russia or extradited to another state.
2. The Russian Federation shall guarantee its citizens
defense and patronage beyond its boundaries.
Article
62.
1. The citizen of the Russian Federation may have the
citizenship of a foreign state (dual citizenship) in
conformity with the federal law or international treaty
of the Russian Federation.
2. Possession of the citizenship of a foreign state by
the citizen of the Russian Federation shall not belittle
his or her ranks and liberties or exempt him or her from
the duties stemming from Russian citizenship unless
otherwise stipulated by the federal law or international
treaty of the Russian Federation.
3. Foreign citizens and stateless persons shall enjoy in
the Russian Federation the rights of its citizens and
bear their duties with the exception of cases stipulated
by the federal law or international
treaty of the Russian Federation.
Article
63.
1. The Russian Federation shall grant political asylum to
foreign citizens and stateless citizens in conformity
with the commonly recognized norms of the international
law.
2. The extradition of persons persecuted for their
political views or any actions (or inaction), which are
not qualified as criminal by the law of the Russian
Federation, to other states shall not be allowed in the
Russian Federation. The extradition of persons charged
with crimes and also the hand-over of convicts for
serving time in other countries shall be effected on the
basis of the federal law or international treaty of the
Russian Federation.
Article
64.
The provisions of these articles form the basis of
personal rights in the Russian Federation and may not be
changed other than by the means set forth in this constitution.
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