Abstract

This article is devoted to the constitutional analysis of the institution of a legal prohibition on the abuse of civil and political rights in the exercise of the right to public control. We affirm that comprehension of the constitutional-legal mechanism of public control will ensure the achievement of an actual balance of constitutional values in the process of organizing and implementing this institution of civil society. A research of the institution of a legal prohibition on the abuse of civil-political rights when exercising the right to public control in Russia revealed the need for its institutionalization in the current federal legislation with a detailed definition of the conditions and limits of use in order to ensure full protection of constitutional rights, freedoms and legitimate interests of all participants in public control events, as well as preventing the creation of obstacles to the implementation of the constitutional principles of democracy and the participation of citizens of the Russian Federation in the management of state affairs, which are ensured by the institution of public control.

Highlights

  • Public control as one of the most important civil society institutions in the Russian Federation is widely analyzed in the scientific works of V.V

  • The exercise by citizens of the Russian Federation of the right to public control implies the observance of certain boundaries, both in content and in the ways of implementing the opportunities provided for by it

  • Since the realization of the right to public control implies the wide participation of subjects of public control in various civil-political legal relations, we are talking about a legal prohibition of abuse of civil-political rights in the exercise of the right to public control

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Summary

Introduction

Public control as one of the most important civil society institutions in the Russian Federation is widely analyzed in the scientific works of V.V. Grib, L.Yu. Grudtsyna, D.S. Mikheev, T.N. Mikheeva, G.N. Chebotaryov, V.E. Chirkin, G.A. Vasilevich, A.A. Malinovsky, V.I. Kruss, I.A. Karaseva, as well as several other authors. These works provide the basis for the analysis of the theoretical content of the institution of public control in relation to its social essence. The share of researches devoted to a comprehensive constitutional and legal analysis of the institution of a legal prohibition on the abuse of civil and political rights when exercising the right to public control is extremely small

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