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Constitutional and legal guarantees for protection of foreigners´rights in the Russian Federation: Theoretical and practical aspects.

Kozakov Alexey Vladimirovich

Constitutional and legal guarantees granted to foreign citizens on the territory of the Russian Federation represent are of significant international legal interest. The article studies the theoretical aspect of constitutional and legal guarantees in general and their understanding in Russian science of constitutional law as a theoretical aspect, as well as the basic guarantees provided to foreign citizens in Russia as a practical aspect; the foreigners’ right to access to Russian justice on equal terms with Russian citizens is of particular importance. The guarantee is formulated as an unconditional and inalienable right to use services of an interpreter under the threat of repealing any statutory act of a state body or judicial decision affecting the rights of a foreign citizen. The right of a foreign citizen to compensation for violation of his or her rights by state authorities and the procedure for its implementation are noted. The peculiarities of interpreter’s participation in civil, criminal and administrative proceedings in court administration in Russia are considered including the examples of the existing judicial practice and the positions of the Supreme Court of the Russian Federation. The ways of self-defense of one’s rights by a foreign citizen wile participating in legal proceedings, as well as investigative procedural actions on the territory of Russia are proposed. The method of ensuring the verifiability of correctness of interpretation and translation presented to the citizen and executed on his or her order. The nega-tive consequences of wrong interpretation and translation for an interpreter are studied; they represent a penitential guarantee of a foreign citizen’ right to access Russian justice on an equal with citizens of Russia conditions and with equal liabilities.

 

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