CONCEPT OF ADMISSIBILITY AND LIMITS OF RESTRICTIONS OF HUMAN AND CITIZEN’S RIGHTS AND FREEDOMS AS THE BASIS OF A TWO-LEVEL SYSTEM FOR REGULATING OF RESPONSIBILITY OF MEMBERS OF POLITICAL PARTIES

Abstract

The article deals with a topical question of law and party regulation of inner-party responsibility. The aim of the article is to develop a theoretical concept of two-level regulation of inner-party responsibility. The author`s concept is based on clause 3 of Article 55 of the Constitution of the Russian Federation. The article gives a detailed analysis of modern concepts of restriction of rights and freedoms. It generalizes the enforcement practice of clause 3 of Article 55 of the Constitution of the Russian Federation by supreme juridical institutions. It also describes in short the practice of the European Court of Human Rights. Theoretical conceptions and enforcement practice are the basis of authors concept of regulation of inner-party responsibility, which includes two parts. The first part is aimed to find out grounds of admissibility of state intervention into party relations (criteria of validity and necessity). The second part is aimed to find out limits of state intervention (minimum security criteria and preservation of the essence of law criteria).