The concept of human rights and freedoms and civil rights in the materials of the constitutional commissionand the contemporary realities

The article focuses on the modern understanding of the constitutional list of rights and freedoms. The draft constitutionprepared by the Constitutional Commission has the systematic reflection of the major conceptual frames for relations between theindividual and the state, as well as guarantees of human rights and freedoms: everyone is entitled to protection by the State from illegalencroachments on the rights and freedoms, to protect their rights and freedoms, and the rights and freedoms of other persons in courtand all the other not contradicting the law, to get compensation for harm caused illegally to health, honour and good name, as well asproperty. The harm caused by illegal actions of state bodies and their officials shall be reimbursed by the state. In accordance with theinternational treaties of the Russian Federation, everyone is entitled in to refer international bodies to protect the rights and freedoms ofman and citizen, if domestic law is of no help. Everyone is guaranteed the right to legal assistance for the implementation and protectionof the rights and freedoms and the right to a hearing by a competent, independent and impartial tribunal. The principle of presumption ofinnocence is applied, as well as the inverse power law, abolishing or mitigating responsibility, no duty to testify against oneself, one'sspouse and relatives. It is established that the evidence obtained in violation of the law has no legal force. The ParliamentaryOmbudsman Institute in the Russian Federation is provided. There is continuity in the importance of addressing to the rights andfreedoms of individuals in the era of constitutional reform, 1990-1993, and at present. It is noted that not all the guarantees of the rightsand freedoms of individuals set forth in the draft of the Constitutional Commission were used in the Constitution (the constitutionalnorm of human rights non-governmental organizations, the position of the Parliamentary Commissioner for the rights of ethnicminorities). It is concluded that the Constitutional Commission in its draft of the Constitution accepted the concept of natural rightresting on the postulate that the rights and freedoms of man and citizen shall be recognized, guaranteed and enforced by the state as theexisting ones. This concept influenced the development of modern science, constitutional law greatly; constitutional and legal researchhas become based on the primacy of individual rights and freedoms.

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