Restriction of the right to the liberty and security of minors according to the international and national law (by the example of the Russian Federation)
| Autor | Gulnara R. Shaihutdinova - Gulshat Z. Shamilova |
| Cargo | Kazan Federal University. Email: ildar_sh@mail.ru, Tel: 8926768500. - Kazan Federal University. Email: gulshatik-s@list.ru. Tel:89274303536. |
| Páginas | 305-313 |
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 8 - Nº 06 - Ano 2019 – Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
305
RESTRICTION OF THE RIGHT TO THE LIBERTY AND
SECURITY OF MINORS ACCORDING TO THE
INTERNATIONAL AND NATIONAL LAW (BY THE EXAMPLE
OF THE RUSSIAN FEDERATION)
Gulnara R. Shaihutdinova1
Gulshat Z. Shamilova2
Abstract: The article is about the main
points of the minors arrest and detention
who are suspected in a criminal offense
under paragraph 5 (d) of Article 5 of the
Convention for the Protection of Human
Rights and Fundamental Freedoms of
1950; the legality of the minors arrest
and detention, rights and freedoms. The
special attention is paid to the study of
the pointed legal positions of the
European Court of Human Rights. The
importance of the study is connected
with the fact that the right to the liberty
and security is one of the most important
rights included in the list of
internationally recognized human rights
and freedoms. From the point of the
generally accepted classification in the
law theory and Russian constitutional
law, as well as in the theory of
international law, the analysing law
1 Kazan Federal University. Email: ildar_sh@mail.ru, Tel: 8926768500.
2 Kazan Federal University. Email:
gulshatik-s@list.ru. Tel:89274303536.
belongs to the civil (personal) rights. In
this regard, the right to the liberty and
security can be characterized as a law
that has a natural character and it is
closely connected with the nature of
man.Detention or arrest is the most
severe measure; it is applied only on the
basis of a court decision which is based
only on the results of consideration
which is accepted as a result of the
court’s learning of the relevant petition
submitted by an investigator or inquiry
officer.
Keywords: arrest, detention, rights to
liberty and security of person, crime, a
minor, European Convention for the
Protection of Human Rights and
Fundamental Freedoms of 1950,
European Court of Human Rights.
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