Кто владеет информацией,
|20 nov 2017|
To the Devil This Constitution
Baranov Anatoly 15.12.2007
"The Russian Federation - Russia is a democratic federal lawful state with the republican form of government". It's already ridiculously, isn't it? No, the author has not entered movement "Following Putin", he doesn't have heavy form of mental debility. The author simply quoted Article 1 of the Constitution of the Russian Federation. After celebrating of the next Day of the Russian Constitution which took place on December, 12th, it's quite pardonable weakness - to address to the primary source of celebrating.
Though if to be exact, a source of constitutional laws of the Russians are trunks of tanks of Tamanskaya division. Execution of the parliament elected, we'll notice, quite democratically and the change of the constitutional system of the country which followed became initial point of appearance of that document which 14 anniversary we celebrated.
As a result of the anticonstitutional revolution organized by "guarantor" of the Constitution president Yeltsin Russia passed from parliamentary republic to republic presidential which subsequently by its system started more and more reminding constitutional monarchy. However, so that to look somehow decently in opinion of the West, the constitutional commission led then by the first vice-premier Sergey Shahraj put into the document such items in the sphere of protection and guarantees of civil rights which could correspond to the most thorough extimation.
A person, his rights and freedom are the maximum value. Recognition, observance and protection of the rights and freedom of a person and citizen is - a duty of the state.
Actually, these rights and guarantees, in those positions where they were not declarative in general but particularly guaranteed something to citizens became for the last years an object of revision from the part of authority. At that the revision began, as a matter of fact, from the moment of acceptance of new "Shahraj's" Constitution - really the level of attendance of citizens to referendum according to the organic law which took place only 2 months after bloody putsch was lower than it was demanded. However, those demands were neglected in conditions of "revolutionary sense of justice".
1. Its multinational people are the carrier of the sovereignty and unique source of authority in the Russian Federation. 2. People carry out its authority directly as well as through the bodies of the government and local authorities.
3. The maximum direct expression of authority of people is referendum and free elections.
4. Nobody can appropriate authority in the Russian Federation. Capture of authority or assignment of imperious powers is pursued under the federal law.
This clause, especially its fourth item, looked floutingly already at the moment of its acceptance. Free elections were never free after acceptance of the constitution of 1993, especially they could not be free at elections to the first Duma passing, as a matter of fact, at gun point. The institute of local authorities was crushed in October, 1993 together with power of Soviet and was never really restored totally. There is no saying that "people carries out its authority directly".
1. The Russian Federation is - a social state which policy is directed on creation of conditions providing a worthy life and free development of a person.
Whether today's Russia is a social state is unduly to argue. Today approximately the fifth part of citizens experiences difficulties even with questions of normal foodstuff, three quarters of the population could not afford to themselves normal household convenience, purchase of habitation becomes gradually for 90% of citizens insolvable problem. Probably, different layers of population under worthy life mean different things, but quite essential part of citizens is deprived of worthy conditions to the extend that practically everybody consider their living conditions unnatural and inhuman. Death rate in the country still exceeds birth rate and the population of the country reduces annually on 700 thousand people. Average life expectancy is one of the lowest in the Europe and this parameter is in the bottom sector even among the countries of the third world.
Government in the Russian Federation is carried out on the basis of division on legislative, executive and judicial. Bodies of legislative, executive and judicial authority are independent.
To speak about principle of division of authorities is simply ridiculously in modern Russia. Today the court and Office of Public Prosecutor work under the direct order of executive authority and the so-called legislature is monopolized by one party which is headed by... the president of Russia. Here you are division of authorities.
1. The ideological variety is admitted in the Russian Federation.
2. No ideology can be established as state or obligatory.
The second item of this article is especially funny. And what about "sovereign democracy", what about "Putin's Plan"? Whether it's not the basic ideological orientations of "Edinaya Russia" which are obligatory for every who wishes to occupy the state post? Putin's portrait hangs in every cabinet of every official of Russia, these portraits are stamped proceeding from mass need of state institutions. We shall approve that these portraits is - a tribute of love? Well, then try to search in cabinets of officials for the portraits of Lenin and Mao Tse-Tung.
1. Dignity of a person is protected by the state. Nothing can be the basis for its belittling.
2. Nobody should be exposed to tortures, violence, other severe or humiliating human dignity treatment or punishment. Nobody can be subjected without voluntary consent to medical, scientific or other experiences.
The first item of this article is perfectly illustrated by statistics according to which more than 90% of persons arrested by so-called "bodies of the law and order" come with traces of beatings. Look though militian chronicle - why arrested persons even the ones who are shown on TV give interview with broken lips? According to the conclusions of international human rights organizations, keeping in the Russian prisons has been for a long time equated to tortures. Yesterday national Bolshevik Chervochkin, who was killed in exact conformity with the given article of the Constitution of the Russian Federation, was buried. Earlier national Bolsheviks, convicted for false crime, were beaten by the guards directly in the building of a court, they even broke a hand to one of them.
1. Everyone has the right to inviolability of a private life, personal and family secret, protection of honour and reputation.
Come on a site Kompromat.ru and admire this article of the Constitution in operation. At that I do not wish to blame Sergey Gorshkov, the lion's share of materials of his site is reprints from other mass-media. I shall remind only that even Minister of Justice and the general public prosecutor of the country were shown on the central TV in a form evidently illustrating "inviolability of a private life, personal and family secret, protection of honour and reputation". The deputy of the State Duma from the fraction "Edinaya Rusia" Alexander Khinstein all his political biography built up on the fulfillment of the article of the Constitution and his last "book of wiretaps" - one more confirmation to it.
1. Gathering, storage, use and distribution of information about private life of a person without his consent are not allowed.
1. Everyone is guaranteed freedom of thought and speech.
2. Propagation or agitation stirring up social, racial, national or religious hatred and enmity are not allowed. Propagation of the social, racial, national, religious or language superiority is forbidden.
3. Nobody can be compelled to expression of opinions and believes or refusal of them.
4. Everyone has the right to search, receive, transfer, produce and distribute freely information in any lawful way. The list of data making the state secret is defined by the federal law.
5. Freedom of the mass information is guaranteed. Censorship is forbidden.
Effectiveness of given article of the Constitution of the Russian Federation was tested by editorial board of FORUM.msk literally two weeks ago when on demand of absolutely unconstitutional body, some "commissions on information disputes" of the Central Electoral Committee of the Russian Federation law enforcement bodies were involved for realization of that very, forbidden by the Constitution censorship - it was a question of "removal" of a certain material from FORUM.msk. Try to find in general in the legislation such formulation as "removal"? We did not hesitate for a moment to bear every responsibility for already published material if such punishment would be defined by the court. But nobody brought us to trial - our server was simply switched off on the demand of the Management "K" of the Ministry of Interior. Now it works in other country where the Constitution is being followed more thoroughly.
Citizens of the Russian Federation have the right to gather peacefully without weapon, to carry out assemblies, meetings and demonstrations, processions and picketing.
Especially this article of the Constitution pleases participants of "Marches of Discordant". Once militia beat some participants of marches for attempt to cover themselves (in physical plan) with the book named "Constitution of the Russian Federation". Well, personally the author during election campaign was arrested and brought to court "in execution" of that very article of the Constitution of the Russian Federation.
1. Labour is free. Everyone has the right to dispose freely of own abilities to work, to choose a sort of activity and profession.
2. Forced labour is forbidden.
3. Everyone has the right to work in conditions which are meeting the requirements of safety and hygiene, on compensation for work without any discrimination and not below minimum monthly wage established by the federal law as well as the right for protection against unemployment.
I would recommend to 5 million Russian unemployed to learn this article of the Constitution by heart. The third item of this article I would demand to recite directly on the border to millions of guest workers arriving to Russia. I would read the article about forced labour to each soldier protecting the Native land on construction of a summer residence of a general. It sounds so beautifully: labour is free! And what about the workers? Are the workers also free?
I understand that the Constitution of the Russian Federation today looks as full anachronism, a vestige of that epoch when a person was supposed to have some rights, when citizenship gave some guarantees, when there were laws and the bodies which saw to their observance.
Today it's considered to be indecent to refer to the rights fixed in the Constitution. As shoot a fairy in society. Well, consider then this note a kind of digression to history, some kind of "historical reconstruction" of customs of that epoch when the laws existed...
© 1998-2016 FORUM.msk