Fundamental Rights in Judicial Proceedings

 

Judicial proceedings in Russia should be fair, transparent, and in accordance with international human rights standards. Citizens have the right to defense, information, equality of parties, and fair consideration of their case within a reasonable timeframe. In case of violations of these rights, citizens can appeal to higher courts or international bodies such as the European Court of Human Rights.

In Russia, citizens' rights during judicial proceedings are protected by the Constitution of the Russian Federation, as well as by the Civil, Criminal, and Administrative Procedural Codes. These rights align with international standards such as the European Convention on Human Rights and the International Covenant on Civil and Political Rights.

Right to a Fair Trial

One of the fundamental rights of citizens is the right to a fair trial, which is guaranteed by the Constitution of the Russian Federation. The judicial process must be public, fair, and conducted within a reasonable timeframe. An important aspect is the independence and impartiality of the court, as well as its decision based on the law. This right is also enshrined in Article 6 of the European Convention on Human Rights.

Presumption of Innocence

Equally important is the presumption of innocence, which is enshrined in Article 49 of the Constitution of the Russian Federation and the Criminal Procedural Code. According to this principle, the accused is presumed innocent until proven guilty in court, and the burden of proof lies with the prosecution, not the defense.

Right to Defense

The right to defense is another crucial right provided by the Constitution of the Russian Federation. Citizens have the right to an attorney and legal assistance at all stages of judicial proceedings. If a person cannot afford an attorney, free legal assistance is provided. The citizen also has the right not to testify and to exercise the right to remain silent, which helps prevent self-incrimination under pressure.

Right to Participate in the Process

Moreover, the Constitution of the Russian Federation and procedural codes guarantee the right to participate in the judicial process. Citizens can attend court hearings, ask witnesses questions, express their objections, and present evidence. Court hearings are generally open, except in cases where it is necessary to protect state interests or the private lives of participants.

Right to Information

The right to information plays a significant role in judicial proceedings. Citizens must be timely notified about the date, time, and location of the court hearing, and they must have the opportunity to review the case materials before the proceedings begin.

Right to Translation

If a citizen does not speak the language in which the proceedings are conducted, they are entitled to a free interpreter, as provided by the Criminal Procedural Code and the Civil Procedural Code.

Right to Appeal

Citizens have the right to appeal court decisions. This right is guaranteed by the procedural codes, and if a person disagrees with the decision, they can file an appeal or cassation to a higher court.

Prohibition of Torture and Coercion

Torture and coercion are also prohibited during judicial proceedings in Russia. Confessions obtained under torture or threats cannot be used as evidence.

Right to a Reasonable Timeframe

Judicial proceedings must take place within a reasonable timeframe, and delays may serve as grounds for filing a complaint with the European Court of Human Rights.

Equality of Parties in the Process

An important principle is the equality of parties in the process, where each party has the right to equal opportunities to present evidence and arguments.

Right to Publicity of the Process

Judicial proceedings in Russia must be public, except in cases where it is necessary to protect state secrets or the private lives of participants.

Thus, judicial proceedings in Russia should comply with international human rights standards. Citizens have the right to defense, information, equality of parties, and fair consideration of their case within a reasonable timeframe.

 

 

Violations of Citizens' Rights in Courts

Violations of citizens' rights during judicial proceedings in Russia are a serious problem that hinders access to fair justice. The main violations during the administration of justice include:

• Violation of the Right to Defense: In some cases, defendants do not have adequate access to attorneys or legal assistance. Although there is a system of free legal aid in Russia, it does not always function effectively.
• Problems with Access to Information: In some cases, citizens cannot obtain complete information about the court process or case materials. This may be due to restrictions imposed on access to certain documents.
• Political Motives in Judicial Proceedings: In some cases, judicial proceedings may be used for political repression, especially against opposition activists, human rights defenders, and journalists. Judicial decisions may be made to suppress political activity.

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