THE CONSTITUTIONAL PROHIBITION OF DISCRIMINATION: ITS LEGAL NATURE AND PLACE IN THE RUSSIAN LEGAL ORDER

Abstract

The full implementation of the constitutional prohibition of discrimination in the Russian legal order is an important criterion for assessment of protection of individual rights and freedoms enshrined in the Constitution of the Russian Federation. The prohibition of discrimination, by virtue of the role assigned to it by international law, is intended to protect human and civil rights and freedoms from such a pernicious social phenomenon as discrimination. The article analyses the constitutional prohibition of discrimination, which is connected to every individual right enshrined in the Constitution of the Russian Federation. At the same time, the science of the constitutional law unfairly replaces constitutional prohibition of discrimination with so called “constitutional principle of non-discrimination”. In the course of the study, it was concluded that the constitutional prohibition of discrimination is not clearly enshrined in the Russian legal reality. However, the author notes that the Constitutional Court of the Russian Federation, which directly involved in the Russian legal system formation, openly speaks about the prohibition of discrimination as a constitutional prohibition in its decisions. In addition to that, the author substantiates that the Article 15, Part 4 of the Constitution of the Russian Federation indirectly indicates on the existence of the constitutional prohibition of discrimination.