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Article 40

1. Everyone shall have the right to a home. No­body may be arbitrarily deprived of his (her) home

2. State government bodies and local self-government bodies shall promote housing con­struction and create conditions for exercising the right to a home.

3. Low-income citizens and other citizens men­tioned in law who are in need of a home may receive it either free of charge or for an affordable payment from State, municipal and other housing funds ac­cording to the norms established by law.

 

Article 41

1. Everyone shall have the right to health pro­tection and medical care. Medical care in State and municipal health institutions shall be rendered to citizens free of charge at the expense of the ap­propriate budget, insurance premiums and other proceeds.

2. In the Russian Federation federal programmes for the protection and improvement of the health of the public shall be financed, measures shall be taken to develop State, municipal and private healthcare systems, and activities shall be encouraged which contribute to the improvement of human health, the development of physical education and sport, and ecological, sanitary and epidemiological well-being.

3. The concealment by officials of facts and cir­cumstances, which pose a threat to the life and health of people, shall result in liability according to federal law.

 

Article 42

Everyone shall have the right to a favourable envi­ronment, reliable information on the state of the en­vironment and compensation for damage caused to his (her) health and property by violations of envi­ronmental laws.

 

Article 43

1. Everyone shall have the right to education.

2. General access and free pre-school, secondary and secondary vocational education in State and municipal educational institutions and at enter­prises, shall be guaranteed.

3. Everyone shall have the right to receive on a competitive basis free higher education in State and municipal educational institutions and at en­terprises.

4. Basic general education shall be compulsory. Parents or guardians shall ensure that children re­ceive a basic general education.

5. The Russian Federation shall establish federal State educational standards and shall support various forms of education and self-education.

 

Article 44

1. Everyone shall be guaranteed the freedom of literary, artistic, scientific, technical and other types of creative activity and teaching. Intellectual proper­ty shall be protected by law.

2. Everyone shall have the right to participate in cultural life and use cultural establishments, and the right of access to cultural valuables.

3. Everyone shall be obliged to care for the preser­vation of the cultural and historical heritage, and to protect monuments of history and culture.

 

Article 45

1. State protection of human and civil rights and freedoms in the Russian Federation shall be guaran­teed.

2. Everyone shall have the right to protect his (her) rights and freedoms by all means not prohibi­ted by law.

 

Article 46

1. Everyone shall be guaranteed protection in court of his (her) rights and freedoms.

2. Decisions and actions (or inaction) of State government bodies, local self-government bodies, public organisations and officials may be appealed against in court.

3. Everyone shall have the right in accordance with international treaties of the Russian Federation to appeal to interstate bodies for the protection of human rights and freedoms if all available internal means of legal protection have been exhausted.

 

Article 47

1. Nobody may be deprived of the right to have his (her) case heard in the court and by the judge within whose competence the case is placed by law.

2. Any person accused of committing a crime shall have the right to have his (her) case examined by a court with the participation of a jury in the cases envisaged by federal law.

 

Article 48

1. Everyone shall be guaranteed the right to quali­fied legal assistance. In the cases envisaged by law, legal assistance shall be provided free of charge.

2. Any person detained, taken into custody or ac­cused of committing a crime shall have the right to use the assistance of a lawyer (counsel for the de­fence) from the moment of being detained, placed in custody or accused.

 

Article 49

1. Any person accused of committing a crime shall be considered innocent until his (her) guilt is proven in accordance with the procedure stipulated by federal law and is confirmed by a court sentence which has entered into legal force.

2. The accused shall not be obliged to prove his (her) innocence.

3. Irremovable doubts about the guilt of a person shall be interpreted in favour of the accused.

 

Article 50

1. Nobody may be convicted twice for one and the same crime.

2. In administering justice it shall not be permitted to use evidence received through violating federal law.

3. Any person convicted of a crime shall have the right to appeal against the verdict to a higher court in accordance with the procedure established by federal law, as well as to request pardon or mitigation of the punishment.

 

Article 51

1. Nobody shall be obliged to testify against him­self, his (her) spouse or close relatives, the range of whom shall be determined by federal law.

2. Federal law may establish other cases where the obligation to give evidence may be lifted.

 

Article 52

The rights of victims of crimes and of abuses of office shall be protected by law. The State shall pro­vide the victims with access to justice and compensa­tion for damage sustained.

 

Article 53

Everyone shall have the right to State compensation for damage caused by unlawful actions (inaction) of State government bodies and their officials.

 

Article 54

1. A law, which introduces or increases liability, shall not have retroactive force.

2. Nobody may bear liability for an action, which was not regarded as a crime when it was committed. If, after an offense has been committed, the extent of liability for it is lifted or mitigated, the new law shall be applied.

 

Article 55

1. The enumeration in the Constitution of the Russian Federation of the basic rights and freedoms should not be interpreted as a denial or diminution of other universally recognized human and civil rights and freedoms.

2. In the Russian Federation no laws must be adopted which abolish or diminish human and civil rights and freedoms.

3. Human and civil rights and freedoms may be limited by federal law only to the extent necessary for the protection of the basis of the constitutional or­der, morality, health, rights and lawful interests of other people, and for ensuring the defence of the country and the security of the State.

 

Article 56

1. In the conditions of a state of emergency, in order to ensure the safety of citizens and the protec­tion of the constitutional order and in accordance with federal constitutional law, certain restrictions may be imposed on human rights and freedoms with an indication of their limits and the period for which they have effect.

2. A state of emergency on the entire territory of the Russian Federation and in certain areas thereof may be introduced subject to the circumstances and in accordance with the procedure stipulated by fede­ral constitutional law.

3. The rights and freedoms specified in Articles 20, 21, 23 (part 1), 24, 28, 34 (part 1), 40 (part 1), and 46—54 of the Constitution of the Russian Federa­tion might not be restricted.

 

Article 57

Everyone shall be obliged to pay legally estab­lished taxes and levies. Laws, which establish new taxes or deteriorate the position of taxpayers, shall not have retroactive force.

 

Article 58

Everyone shall have a duty to preserve nature and the environment and to treat natural resources with care.

 

Article 59

1. Defence of the Fatherland shall be the duty and obligation of a citizen of the Russian Federation.

2. Citizens of the Russian Federation shall per­form military service in accordance with federal law.

3. In the event that their convictions or religious beliefs run counter to military service and in other cases established by federal law, citizens of the Rus­sian Federation shall have the right to replace it with alternative civilian service.

 

Article 60

A citizen of the Russian Federation may exercise all of his (her) rights and duties independently from the age of 18 years.

 

Article 61

1. A citizen of the Russian Federation may not be deported from the Russian Federation or extradited to another state.

2. The Russian Federation shall guarantee its citi­zens protection and patronage abroad. 

 

Article 62

1. A citizen of the Russian Federation may have citizenship of a foreign state (dual citizenship) in ac­cordance with federal law or an international treaty of the Russian Federation.

2. The possession of foreign citizenship by a citizen of the Russian Federation shall not diminish his (her) rights and freedoms and shall not release him from obligations stipulated for Russian citizenship, unless otherwise specified by federal law or an inter­national treaty of the Russian Federation.

3. Foreign citizens and stateless persons shall en­joy rights and bear obligations in the Russian Fede­ration on a par with citizens of the Russian Federati­on, except in those cases envisaged by federal law or by an international treaty of the Russian Federation.

 

Article 63

1. The Russian Federation shall grant political asylum to foreign citizens and stateless persons in accordance with the universally recognized norms of international law.

2. In the Russian Federation persons who are per­secuted for their political convictions or for actions (or inaction) not recognized as a crime in the Russian Fe­deration may not be extradited to other states. The ext­radition of persons accused of a crime, as well as the surrender of convicts to serve sentence in other states, shall be carried out on the basis of federal law or an in­ternational treaty of the Russian Federation.

 

Article 64

The provisions of this Chapter shall constitute the fundamental principles of the legal status of the indi­vidual in the Russian Federation and may not be changed otherwise than in accordance with the pro­cedure which is established by this Constitution.

 


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