Article 51 of the Constitution, the Civil Code and the Town Planning Code of the Russian Federation

In criminal law, such a concept aswitness immunity. Any citizen involved in criminal proceedings is entitled not to testify against himself, close relatives and spouse. The corresponding position is fixed in Article 51 of the RF Constitution.

In the same rule, it is stipulated that other cases of the subject's release from testimony may be established by the federal law.

International law

Article 51 of the RF Constitution is based on Art. 14 of the International Covenant on Political and Civil Rights. This provision provides for a prohibition on compelling a person to testify against himself when considering any charges against him.

The European Convention on Protectionfreedoms and human rights, does not contain a direct indication of such a guarantee. However, the ECHR, in analyzing the right to silence, proceeds from the premise that the prohibition of coercion to testify against oneself or relatives or to recognize their guilt is generally accepted and underpin the principle of fair trial.

Meaning of law

The legal possibility provided for in Article 51 of the Constitution, provides protection of the accused from malicious coercion from the power structures. The application of the norm helps to prevent judicial errors and realize the objectives of the proceedings.

Implementation of the provisions 51 articles of the Constitution in particular, the observance of the procedure for obtaining evidence. The norm excludes the possibility of obtaining information by putting pressure on a citizen. The right guaranteed Article 51, has a close connection with the presumption of innocence.

Nuances

As the ECHR points out, the possibility of not givingthe testimony against himself can not be limited only by a ban on forcing a citizen to confess to infringing or providing information that is directly incriminating in nature.

According to the court, it is inadmissible to refer to the public interest in order to justify the use by the prosecution of the responses obtained with the use of coercive methods.

Subject composition

Article 51 The Basic Law is considered a blanket (reference) norm. It states that the list of subjects against which a citizen can not testify is established by federal law.

In the Code of Criminal Procedure, in particular, such persons are:

• Spouse.
• Sisters / brothers.
• Children / parents.
• Grandparents / grandchildren.
• Adoptive / adoptive.

Important point

The CCP (although for other purposes) contains an indicationon the category of persons who are in the property of a witness / victim, as well as citizens, well-being, health, whose lives are dear to the subject giving testimony, in view of the personal relationships that have developed between them.

The said subjects do not have a witnessimmunity under the letter of the law. However, it seems that before them, as with close relatives, there may be a problem of a false choice between moral feelings and perjury. In addition, the traditional ideas that condemn betrayal and denunciation are also important.

Grounds for witness immunity

Regulations 51 articles The Basic Law is based primarily on moral feelings. However, this is not the only basis for witness immunity.

The treatment of a person as an object of someone else'swill not allowed. Legislation guarantees the inviolability of the person, the protection of private life, family / personal secrets, that is, information that relatives trust each other privately.

Evidence: distinctive features

The notion of "witnessing" implies not only directly giving testimony as a witness, confirmation, certification of an event, the witness of which became a citizen.

This term also means the provision of any information proving the fact / circumstance, an indication of its source. In this case, the certificate is regarded as evidence.

As explained by the Constitutional Court, the possibilityto testify against oneself assumes that the subject has the right to refuse not only to give testimony, but also to transfer to the authorized bodies other evidence confirming his involvement in the crime.

Such a situation, for example, took place whencommission of an accident. The citizen had to stay at the scene of the incident before the arrival of the traffic inspectors and save the situation, forcibly, thus exposing himself. Such a prescription was contained in Art. 265 CC The Russian Federation. Article 51 special rules of law should not be in conflict.

Meanwhile, the Criminal Code provides for a number of circumstances,mitigating responsibility. For example, according to clause "and", part 1 of Article 61 of the Code, a person can voluntarily admit guilt or be guilty. A key condition for offsetting this circumstance is the voluntariness of the actions.

Before being questioned, a witness or person suspected / accused of an act is warned of his right, fixed Article 51. If the authorized official (investigator / investigator) does not familiarize the citizen with the procedural order, the evidence obtained during the interrogation can be regarded as unacceptable.

conclusions

Testimony is proceduralduty of persons participating in the case. However, the law does not allow the bringing to justice of subjects who refused to testify against themselves, their spouse, or their relatives.

Coercion to testify, obtain information by blackmail, threats, other illegal actions is qualified as a crime against justice.

51 Article of the Urban Planning Code

Continuing the topic of constitutional rights, we briefly consider the features of the realization of the right to housing.

Housing, of course, should be for everyone. You can buy it in the property by buying an object or by building it. In the first case, everything is more or less clear: you need to find a seller and have an appropriate amount of money.

As for the construction of their own homes,This process is accompanied by a number of difficulties. First of all, a person who wants to build a house must receive permission for this. It is about him and said in GrK, in 51 articles.

Town Planning Regulations, land survey / planning project - keyregulations in the field of construction. The permission issued to the developer confirms the compliance of the project documents with the provisions of these papers. In addition, it certifies the admissibility of placing the object on the site in accordance with its permitted use and restrictions provided for by land or other legislation.

The permit allows the developer to carry out construction work, measures for the reconstruction or repair of a capital construction object, except for the cases established in the GrK.

Civil Code of the Russian Federation: Article 51

Another constitutional right of a citizen is the rightto work. Each person can use his knowledge and skills and receive income from that. The law provides for several forms of realization of the right to work. For example, a person can get a job as an employee. In addition, a citizen has the right to open his own business.

Entrepreneurship can be engaged in the status of the IP or legal entity. However, in any case, the subject must be registered in the prescribed manner. State registration of legal entities is referred to in Article 51 of the Civil Code of the Russian Federation.

In paragraph 1 of this norm, the compulsory registration with the authorized control body, the IFTS, is established.

Information about state registration, according to paragraph 2articles are entered into the Unified State Register of Legal Entities (single state register of legal entities). This registry is open to unlimited people. That is, any interested person can read the information.

The subject who bases his actions oninformation taken from the USRR may assume that it corresponds to the real state of affairs. The act of state registration confirms the certificate issued to the representative of the organization. As a rule, it gets one of the founders.