Implementation of the Human Rights Function of Modern Government: Analysis and Prospects

This article examines the human rights protection function of judicial power in the Russian Federation as one of its key essential purposes within a state governed by the rule of law. It considers the theoretical and legal foundations of judicial protection of human and civil rights and freedoms, as well as the regulatory sources defining the content of this function, including the provisions of the Constitution of the Russian Federation, sectoral legislation, and the legal positions of the highest judicial bodies. Special attention is paid to the specific features of implementing the human rights protection function in constitutional, administrative, civil, and criminal proceedings. Based on an analysis of judicial practice, the article demonstrates that the court acts as a crucial mechanism for restoring violated rights, ensuring justice, and monitoring the legality of actions taken by public authorities and other entities. At the same time, the main problems reducing the effectiveness of judicial protection are identified, including formalism, insufficient actual judicial independence, an accusatory bias in criminal proceedings, difficulties in enforcing court decisions, and inadequate compensation for moral harm. The article concludes that there is a need for comprehensive improvement of the judicial system through strengthening judicial independence, developing digital justice, increasing the accessibility of judicial protection, and reinforcing mechanisms for the enforcement of judicial acts. It is emphasized that the effective implementation of the human rights protection function of judicial power is a necessary condition for strengthening legality, public trust in justice, and the building of a full-fledged rule-of-law state.

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Published
2026-10-29
DOI
https://doi.org/10.67931/1998-5533-2026-3-370-376
Primary Topic
Judicial and Constitutional Studies
Type
article
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article

Implementation of the Human Rights Function of Modern Government: Analysis and Prospects

I. M. Ibyatov
Judicial and Constitutional Studies
article

Implementation of the Human Rights Function of Modern Government: Analysis and Prospects

I. M. Ibyatov
article en

Abstract

This article examines the human rights protection function of judicial power in the Russian Federation as one of its key essential purposes within a state governed by the rule of law. It considers the theoretical and legal foundations of judicial protection of human and civil rights and freedoms, as well as the regulatory sources defining the content of this function, including the provisions of the Constitution of the Russian Federation, sectoral legislation, and the legal positions of the highest judicial bodies. Special attention is paid to the specific features of implementing the human rights protection function in constitutional, administrative, civil, and criminal proceedings. Based on an analysis of judicial practice, the article demonstrates that the court acts as a crucial mechanism for restoring violated rights, ensuring justice, and monitoring the legality of actions taken by public authorities and other entities. At the same time, the main problems reducing the effectiveness of judicial protection are identified, including formalism, insufficient actual judicial independence, an accusatory bias in criminal proceedings, difficulties in enforcing court decisions, and inadequate compensation for moral harm. The article concludes that there is a need for comprehensive improvement of the judicial system through strengthening judicial independence, developing digital justice, increasing the accessibility of judicial protection, and reinforcing mechanisms for the enforcement of judicial acts. It is emphasized that the effective implementation of the human rights protection function of judicial power is a necessary condition for strengthening legality, public trust in justice, and the building of a full-fledged rule-of-law state.

(3)
Kazan Federal University (RU)
Peace, justice, and strong institutions
Openalex Percentile: Top 3%
Judicial and Constitutional Studies
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Implementation of the Human Rights Function of Modern Government: Analysis and Prospects — I. M. Ibyatov · (2026) | TGRS Research Map | TGRS