22 (1)
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2022
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catalogue – 43669
ANTINOMIES
Until 01.01.2019 - Scientific Yearbook of the Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences

ISSN 2686-7206 (Print)

ISSN 2686-925X (Оnlinе)

Savos'kin Alexander

Abstract: The article is devoted to the elucidation of the place of the constitutional right to appeal as a subjective human right. First, the article deals with the disclosure of general theoretical issues of the concept and content of subjective rights, as well as with the adaptation of the studied categories to the phenomenon of citizen’s applications. In particular, the existence of two similar but not overlapping subjective rights is revealed: the first one is the constitutional right to appeal, the second – general civil right to appeal (not based on Art. 33 of the Constitution of the Russian Federation). The features of the constitutional right to appeal are specially identified and analyzed. The main part of the article is devoted to the most common classifications of human rights and freedoms and, accordingly, to the place of the constitutional right to appeal. The article analyses seven most common classifications of the place of the constitutional right to appeal. The research allows to assert that the constitutional right to appeal is a) positive right, which implementation depends entirely on the regulatory activities of the established order and the authorities; b) the right of human being regardless of his (her) nationality; c) the individual right because it guarantees the possibility of expression of will to every citizen; d) the right of the first generation of rights; i) the relative right, that is, according to part. 3 Article 56 of the Constitution of the Russian Federation, may be limited (that seems incorrect); f) the procedural right because it ensures the implementation of substantive rights or guarantees the possibility of procedural protection. The analysis of the place of the right to appeal within the classification according to the areas of life (which is traditional in the constitutional right of Russia) proves that it can not be attributed to the pure form of personal, political, socio-economic, or cultural rights, and should be considered as mandatory prerequisite of the realization of most of them.
Keywords: citizen’s appeal; subjective right; system of rights and freedoms; constitutional right, right to appeal, classification of rights and freedoms.

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