Development of the right of the person to judicial protection in decisions of the Constitutional Courtof the Russian Federation

Important historical aspects of formation of the institution of the rights of the person to judicial protection are described. The history of formationof this institution in our country is given. The review of the international legal certificates is made. Scientific positions of the leading Russianresearchers of this problem are considered. The Constitutional Court in the Russian Federation (then in the RSFSR) was formed on October30th, 1991 on the basis of the Constitution operating at that time and the law On the Constitutional Court of the RSFSR introduced by theCongress of People's Deputies of the RSFSR. Now the Court is approaching its twentieth anniversary, actually symbolizing the implementationof the principle of division of powers in our state, protecting the rights and freedoms of the person and the citizen. Among the protected rightsand freedoms of the person and the citizen, two subjects we term as the person, the right to judicial protection occupies a significant place, asone of the basic, unimpaired and inalienable rights of the person. Judicial protection of the rights and personal freedoms is the right to protectionby the person of the rights and freedoms by means of the court as a body representing one of the independent and independent branches of thegovernment. Fixed in general terms in Part 1 Article 46 of the Constitution of the Russian Federation as guaranteed to everyone, the right toprotection of their rights and freedoms, the right to judicial protection has some more positions developing and specifying it in the Constitution.The Constitutional Court has given a constitutional interpretation of Article 151 of the Civil Code of the Russian Federation as to the norm notinterfering in decision-making on monetary indemnification in cases of default of legal judgments under claims against the Russian Federation,its subjects or municipal unions. And this sort of execution of decisions was directly connected with the requirement of Article 46 of the Constitutionof the Russian Federation, i.e. with the right to judicial protection. Thus, the right to judicial protection has acted as the basis for solvingthe problem of default of judgments on harm indemnification under claims against the authorities, and probably the federal legislator will find alegal way of its solution in the near future.

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