On the Issue of Development of the Constitutional Right to Judicial Protection

The right to judicial protection in Russia in its entirety was enshrined only in the 1993 Constitution. The constitutional consolidation of judicial protection of rights and freedoms marked a new stage in the constitutional development of our country, a departure from the long-prevailing tradition of the priority of the state over the individual. It seems important to trace the evolution of the constitutional design of the right to judicial protection in the Russian Federation and foreign countries.
Of significant interest is the analysis of draft constitutions proposed by various authors and groups of public and scientific figures during the constitutional process of 1990–1993. In Russian constitutional law, undeservedly little attention is paid to the history of the creation of the Russian Constitution and the search for the origins and reasons for the emergence and consolidation of individual institutions at the constitutional level.
The article, based on an analysis of the constitutional texts of foreign constitutions and acts of constitutional legislation, drafts of the Constitution of the Russian Federation and materials of the Constitutional Commission and the Constitutional Conference, makes a conclusion about the consolidation of judicial protection of rights and freedoms as an integral attribute of the rule of law. Despite the long history of establishing judicial protection in individual countries, in Russia this right was fully consolidated much later. The constitutional formulations of the current Constitution reflect almost all the substantive characteristics of this right inherent in democratic constitutions of the modern generation. Certain aspects of the law are interpreted by the Constitutional Court of Russia. At the same time, the Constitution reflects the aspirations of the participants in the constitutional process of the 90s to consolidate effective guarantees of judicial protection of the rights and freedoms of man and citizen, primarily from the arbitrariness of state bodies and officials.