Constitutional and structural correlation of human rights risks in the basic law of 1918

Author(s):  A.E. Novikova, Belgorod National Research University, Belgorod, Russia, novikova_a@bsu.edu.ru

Issue:  Volume 44, № 3

Rubric:  Actual Problems of Legal Regulation

Annotation:  In connection with the modern development of the theory of human rights risks, it is advisable in a historical comparative legal way to talk about the declarative-constitutional model (according to the sequence of the text of the Main document of the Constitution of the RSFSR in 1918). According to the author, in the Declaration of the rights of the working and exploited people, titular and substantive discrepancies mediating human rights risks are obvious. In addition, it uses terms that lead to quantitative and qualitative ambiguity in the range of recipients of subjective rights and freedoms, their minimum consolidation in connection with the provision of workers ' power over exploiters or other political attitudes, as well as language designed for good purposes, but to a greater extent creating dangerous conditions for the rights and freedoms of the individual. The author demonstrates that the Declaration of the rights of the working and exploited people is the "source" of human rights risks not only with established and inherent terminological differences, but also General inconsistency in the addressees-citizens formalized in the Constitution of the RSFSR in 1918.

Keywords:  Constitution, risk, human rights risk, citizen, worker, rights and freedoms.

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