Ограничение прав и свобод человека и гражданина в целях защиты здоровья в условиях пандемии: проблемы и предложения

Abstract

The cognitive of the author is aimed at the constitutional and legal representation of decisions of state power, on the limitation of human rights and the body of a person in a pandemic, studying the problem of constitutional and legal regulation of guarantees of human rights and freedoms, as well as putting forward proposals for their extrapolation. The regulatory framework for the study was made up of legal acts of the Russian Federation and the Republic of Azerbaijan. The theoretical basis was the works of legal scholars. The methodological foundations of the research are the general dialectical method of scientific knowledge, methods of an empirical and theoretical nature, as well as special legal methods (formal legal, comparative legal). In the course of the study, official documents are explicated and analyzed that regulate the implementation of human rights and freedoms and establish guarantees in this area. Particular attention is paid to the comparative and analytical analysis of the texts of these documents, their legal and technical design, their correlation with other regulatory legal acts. As a result of the research, the author came to the apodictic conclusion that gaps are revealed in legislative acts – lack of norms regulating situations within the scope of legal impact, as well as collisions – disagreements or contradictions between individual legal norms. These problems turn the guarantees of human and civil rights and freedoms established by legislation into legal fictions. On the basis of the analysis, a well-grounded author’s position on improving the normative regulation of guarantees of human rights and freedoms, ways of eliminating gaps and collisions from the relevant acts is proposed. Raising the level of legal regulation will ensure the effectiveness and efficiency of guarantees of human rights and freedoms, will contribute to raising the level of legal culture in society.