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To the anniversary of the Universal Declaration of Human Rights: the Universal Declaration of Human Rights as a part of international legal standards on human rights
Abstract.This article analyzes the Universal Declaration of Human Rights as a part of international legal standards on human rights, as well as the Russian law enforcement practice of this document. Based on the differences in legal technique of the references applied by the Russian courts (form, procedure, peculiarities of implementation, target of application of the references of the Universal Declaration), the authors determine the status of the Universal Declaration of Human Rights in Russia and the role of courts that ensure implementation of international legal standards in application of international legal regulations incorporated into the Russian legal system. Logical analysis of court rulings on civil cases submitted by the federal courts of the Russian Federation with references to the Universal Declaration of Human Rights allows making a conclusion that the Russian legal system realizes the international legal standards in the area of human rights. The authors reveal the relevance of studies on implementation of the Universal Declaration of Human Rights in court practice of the Russian Federation necessary for the precise determination of the status of this international legal act within the Russian legal system. A conclusion is made that reference to the Universal Declaration of Human Rights in the decisions of Russian courts is a sustainable practice and established legal tradition within the Russian legal system.
Keywords: Russian legal system, legal position, protection of individual rights, law enforcement practice, international legal standards, United Nations, international law, declaration of human rights, legal technique, implementation of international legal norms
Article was received:16-10-2018
This article written in Russian. You can find full text of article in Russian here .