About concept and essence of a constitutional law of the person on judicial protection

In modern constitutional law of Russia the right of personsto judicial protection of their rights, freedoms and legitimate interests attracts special attention owing to its considerable practicalprevalence in various kinds of court procedures and the importance of the protected rights and freedoms. It is also urgent as for protectionof rights any subject can address not only to the domestic judicial system, but also to international judicial bodies and, in case of afavourable decision, to receive both the legal protection and the , but also compensation. The right of the person to judicial protection isamong the basic, inalienable and unimpaired rights, which are not subject to restriction under any circumstances, even in case of thestate of emergency (Part 3, Art. 56 of the Constitution of the Russian Federation), which testifies to its importance among other rightsand freedoms of the person.. Stated in Part 3, Art. 46 of the Constitution of the Russian Federation, the right to judicial protection as aright to protection of rights and freedoms guaranteed to everyone has some more positions developing and specifying it in the text of theConstitution. Generally, judicial protection of personal rights and freedoms is a right to protection by the person of the rights and freedomby means of court, i.e. a body representing one of the independent branches of the government. Consequently, it is possible to considerthat exercising the right to judicial protection is one of the ways of the state protection of the rights and freedoms of the person andthe citizen, guaranteed by the Constitution of the Russian Federation (P. 1, Art. 45). We must mention that the Constitution also givespeople a right to protect their rights and freedoms by all means allowed by the law (P. 2, Art. 45), i.e. it initiates the activity of the personin this direction. Positions of Parts 1 and 2, Art. 48 of the Constitution have a most direct relation to realization of the right to judicialprotection; they say about the right of everyone to receive qualified legal aid, free of charge in some cases, and about the right ofevery person detained, taken into custody and accused, subjects most longing for legal aid, to receive it from the lawyer (defender). As aresult, it is possible to conclude that the constitutional law on judicial protection is a multidimensional legal formation with a complicatedstructure giving the person a possibility to address to the court for protection of personal rights, freedoms and legitimate interests,to protect them personally or by the lawyer (defender) and to have satisfaction of the rights and freedoms.

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