ОБМЕЖЕННЯ ПРАВ ТА СВОБОД ЯК ЕЛЕМЕНТ КОНСТИТУЦІЙНО-ПРАВОВОГО СТАТУСУ ОСОБИ

Abstract

The phenomenon of restriction of the rights and freedoms of a person and a citizen has been studied as a component of the institution of the constitutional and legal status of a person. The purpose of the article is to establish the peculiarities of the regulation of relations arising in connection with the restriction of the constitutional rights and freedoms of a person and a citizen. It was established that the constitutional and legal status of a person and a citizen, as well as the limitation of rights and freedoms as its component, has features common to all states, as it is largely based on generally recognized international standards. At the same time, a specific state or group of states may have its own specificity determined by historical and cultural features. It was revealed that the possibility of restricting the rights and freedoms of a person is provided for in the constitutions of almost all states. The relevant grounds, as a general rule, are the introduction of a state of war or emergency in the country or its parts. The scientific position is supported that the normalization of relations that arise in connection with the restriction of rights and freedoms is important, because in this way the state exerts influence not only on an individual, but also on the life of the entire society. Therefore, the approaches of the state and the attitude of society to the limitation of individual rights largely reflect the nature and essence of the relationship between a person and the state in the context of the formation of a democratic civil society and the rule of law. Based on the results of the analysis of international acts (Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, ECHR) and the practice of the ECtHR, the conclusion was formulated that restrictions on the rights and freedoms of man and citizen are necessary for civil society, with the caveat that such restrictions/interventions have be justified The conditions of such justification have been clarified - the restriction/intervention must be carried out legally, with a legal (legitimate) purpose, in the interests of a democratic society. At the same time, it is necessary to ensure a balance between social and state necessity and the needs and interests of the individual as a bearer of constitutional rights and freedoms.