Karasev, R. E. Judicial protection of rights: concept, defi nition, and place in the framework of protecting the rights and liberties of the man and the citizen

Abstract: In the twenty years since the adoption of the Constitution of the Russian Federation, the Russian state and its society have continued to develop. The effectiveness of the protection of the rights and liberties of the man and the citizen is a current issue. This article examines terms such as ‘legal protection’, ‘state protection’, and ‘ judicial protection’ as they apply to the rights and liberties of the man and the citizen, and considers their correlation. Comparative legal research results in the conclusion that legal protection is a category most closely related to state and judicial protection. Particular attention is given to judicial protection, and its inherent characteristics are outlined. Judicial protection is considered in two ways: from the perspective of parties applying to the courts for protection, and from the perspective of the judiciary exercising their powers in the administration of justice. As a result of this analysis, and by using the formal legal research method, the author presents a definition for the idea of ‘ judicial protection of the rights and freedoms of the man and the citizen.’ The article also addresses obstacles to the effective functioning of the courts and offers some solutions, as well as assessing government policy to reform the judicial system. This article can be used in the study of problems of judicial protection of constitutional rights and liberties of man and citizen in the Russian Federation.

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