Constitutional Basis for the Restriction of Human and Civil Rights and Freedoms

Abstract

This article discusses the constitutional basis for the restriction of human and civil rights and freedoms in the Russian Federation. The author considers the line between lawful restriction of rights and freedoms and the actual denial. The work justifies the idea that restrictions should be set by the legislator not arbitrarily, but based on the Constitution, its principles of Justice, equality and proportionality. The work examines international instruments on the subject, the laws of the Russian Federation, Rulings of the Constitutional Court of the Russian Federation. The author outlines and examines a group of restrictions caused by the peculiarities of the legal status of certain categories of persons, the so-called "professional" restrictions. He also analyses the statutory limitations in the implementation of passive and active citizens suffrage. In addition, the restrictions of human and civil rights, and freedoms in a state of emergency are discussed. Through the introduction of state of emergency, the temporary concentration of all control levers of all coercive means in the framework of official authorities is possible. At the same time, the Constitution and the Federal Constitutional law provides two important safeguards to prevent misuse of the emergency regime. First, a compulsory consent of the Federation Council on the imposition of a State of emergency is an important requirement. Secondly, (ch. 3 art. 56) of the Constitution of the Russian Federation provides for important rights of a citizen, which shall not be restricted under any circumstances. These are the rights and freedoms: to life; the dignity of the individual; privacy; the right to protection of personal data; freedom of thought, conscience and religion; freedom of entrepreneurial and other legal economic activities; the right to housing; the right to judicial protection, the right to an effective remedy by the competent national tribunals, legal aid, the presumption of innocence, the right to justice, humanism, right to protect the interests of victims, on the application of the existing law. The article proves that, despite the diversity of scientific opinions, the goal of the State is the adoption and promotion of the rights and freedoms of man and citizen as a fundamental priority of the idea expressed in the Constitution of the Russian Federation.