The principle of compensation as a guarantee of human rights and freedoms (as exemplified by the legislation of the russian federation)
| Autor | Alexey Andreevich Demichev - Manvel Aleksanovich Engibaryan - Vera Aleksanovna Iliukhina - Aleksandr Vasilevich Paramonov |
| Cargo | Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia - Academy of Law and Management of the Federal Service for Execution of Sentences of Russia - Academy of Law and Management of the Federal Service for Execution of Sentences of Russia - Nizhny Novgorod Branch of the Russian Presidential Academy of National Economy and Public ... |
| Páginas | 788-806 |
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 04 - Ano 2020
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
788
THE PRINCIPLE OF COMPENSATION AS A GUARANTEE OF
HUMAN RIGHTS AND FREEDOMS (AS EXEMPLIFIED BY THE
LEGISLATION OF THE RUSSIAN FEDERATION)
Alexey Andreevich Demichev
1
Manvel Aleksanovich Engibaryan
2
Vera Aleksanovna Iliukhina
3
Aleksandr Vasilevich Paramonov
4
Abstract. The article aims at
analyzing the principle of
compensation enshrined in the
Russian legislation as a guarantee
of human rights and freedoms.
Moreover, the authors of the article
proceed from the positivist
understanding of law principles.
The main scientific method is
formal legal analysis or
interpretation of international and
Russian laws on compensation.
Based on different reasons, the
1
Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 3 Ankudinovskoe
Highway, Nizhny Novgorod, Russian Federation, 603144. ORCID ID 0000-0002-9779-100X
2
Academy of Law and Management of the Federal Service for Execution of Sentences of Russia,
1 Sennaya Street, Ryazan, Russian Federation, 390036. ORCID ID 0000-0003-1676-0162
3
Academy of Law and Management of the Federal Service for Execution of Sentences of Russia,
1 Sennaya Street, Ryazan, Russian Federation, 390036. ORCID ID 0000-0001-7049-4593
4
Nizhny Novgorod Branch of the Russian Presidential Academy of National Economy and Public
Administration, 46 Gagarina Avenue, Nizhny Novgorod, Russian Federation, 603950. ORCID
ID 0000-0002-7230-2337
authors have developed six
classifications of compensation.
The article concludes that 1) the
principle of compensation is an
interdisciplinary principle of the
Russian law; 2) the principle of
compensation is among effective
guarantees of human rights and
freedoms in Russia, while the
implementation of rules governing
this institute contributes to the
restoration of social justice in
different spheres of social life; 3)
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 04 - Ano 2020
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
789
compensation covers material and
non-material damage caused to
individuals and legal entities, as
well as costs or expenses that arise
in cases specified in the relevant
regulatory acts; 4) the actual
grounds for compensation
payments can only be lawful and
unlawful action or inaction, as well
as events and conditions enshrined
in the corresponding law. As a
result, the following definition of
compensation has been proposed:
compensation is reimbursement to
individuals and legal entities of
material and non-material damage
or expenses caused by lawful and
unlawful action (inaction), events
and conditions, which aims at
restoring social justice in cases
established by regulatory legal
acts.
Keywords: compensation, human
rights and freedoms, law
principles, the classification of
principles, social justice.
Introduction.
One of the trends in the
development of human civilization
between the second half of the 20th
and early 21st century is the
recognition of human rights and
freedoms as the supreme value
(Steiner, H.J., Alston, P. 2000.
International Human Rights in
Context: Law, Politics, Morals.
The 2nd ed. Oxford University
Press, 1536 pp.; Orend, B. 2002.
Human rights: Concept and
Context. Peterborough, Ont.:
Broadview Press, 272 pp.; Azarov,
A., Reuter, W., Hüfner, K. 2003.
Human rights. International and
Russian mechanisms of legal
protection. Moskovskaya shkola
prav cheloveka, 560 pp.; Forsythe,
D.P. 2006. Human Rights in
International Relations.
Cambridge University Press, 285
pp.; Joseph, P. 2017. The New
Human Rights Movement:
Reinventing the Economy to End
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