Limits Of Human Rights Research Articles

ВІДСТОРОНЕННЯ ВІД ПОСАДИ ЯК ЗАХІД ЗАБЕЗПЕЧЕННЯ КРИМІНАЛЬНОГО ПРОВАДЖЕННЯ

The article considers the legal grounds and procedure for removal from office in criminal proceedings, analyzes the range of procedural problems that arise in the implementation of the investigated measure. As a result, it was established that removal from office in criminal proceedings belongs to the measures to ensure criminal proceedings. Important aspects that require consideration are the grounds for dismissal, as well as the appropriate procedural procedure for the implementation of the measure under investigation. The study reveals the need for further study and detailed legal regulation of such a measure of criminal proceedings as removal from office, given the underdevelopment of its effectiveness and significance by the pre-trial investigation authorities. The main task of the current CPC of Ukraine is to respect and protect the rights and legitimate interests of persons involved in criminal proceedings, to ensure the legality and reasonableness of restrictions on constitutional human rights and freedoms at the pre-trial stages of criminal proceedings. Measures to ensure criminal proceedings are directly related to the restriction of human rights. This institute is given considerable attention both at the legislative level - within the CPC of Ukraine provides for a separate year II, and in the practical implementation of its provisions - the implementation of specific criminal proceedings. Modern criminal procedural legislation of Ukraine, enshrining a new system of coercive measures, proposed a humanistic approach to the restriction of labor rights of the individual and established preliminary judicial supervision over the legality and justification of temporary removal from office of a suspect or accused. In the system of measures of criminal procedural coercion, removal from office occupies a special place due to the high probability of creating social difficulties for a suspect or accused person who loses his job, position and position in society, receiving a statutory level of material support from the state. Therefore, there are problems of unclear legal regulation of removal from office, the practice of applying this measure to ensure criminal proceedings has not been properly formed, which has led to a decrease in the number of satisfied requests of the prosecution. The following problems can be argued: first, the lack of justification for the need to restrict the labor rights of citizens, second, the growing role of legal guarantees to protect the rights of citizens in restricting their constitutional rights, and third, the lack of a clear list of grounds for dismissal. , the content of this measure to ensure criminal proceedings and legal regulation of the legal consequences of removal from office.

Limitation Clauses at the African Regional Human Rights System and Tanzania: Reflection of Judicial Decisions

Enjoyment of fundamental human rights as guaranteed by the African Charter or Constitution of Tanzania is subject to limitations which are set out by the ordinary law made by parliament. However, case law has demonstrated that no provision of the limitation clause in the African Charter or Constitution may be interpreted as permitting a State to suppress enjoyment or exercise of the rights and freedoms to a greater extent than reasonably required. Which tests or criteria should guide the court or other authorities depends on the instrument in question. Both the African Charter and the Constitution of Tanzania do not have clearer guiding criteria. Courts have attempted, nevertheless, to come up with criteria or tests by borrowing from international, other regional and domestic human rights systems. This article reviews case law from the African Court and Tanzania and finally proposes the adoption of the three-tier test in resolving tension when at issue before the Court is whether or not a legislation or conduct is saved by Article 30(2) of the Constitution which allows limitation of human rights. The benefit of adopting this approach would enable domestic courts to be consistent when deciding human rights petitions. Key Words: Limitation Clauses, Claw-back clauses, proportionality principle, necessary in a democratic society.

Individual Freedoms (Civil Liberties) in a Health and Climate Crisis: Reflections on the Totalising Ideology of Human Rights

Introduction. The article analyses the problem of the restriction of human rights and freedoms in the modern conditions of the environmental and health crisis created by the COVID-19 pandemic. Theoretical Basis. Methods. The study uses a formal and dogmatic approach to the analysis of the normative legal framework of the European system of human rights and freedoms. A comparative legal analysis made it possible to identify both the general and the specific as regards the restriction of rights and freedoms in the states of the European Union. The article presents an analysis of the decisions of the Court of Justice of the European Union, and the High Courts of both France and Germany that were rendered in connection with the environmental crisis and the COVID-19 pandemic Results. The starting point for the author’s analysis of the research topic is the classic conclu- sion that human rights have experienced a golden age since the late 1960s with the end of the communist utopia and the establishment of the model of liberal democracy. In the social sphere, the emancipation of morality freed a person from social and family structures that determined his place and role in the family and society. In the economic sphere, the neo-liberal revolution made it possible to fully realise economic freedoms. The European legal system has accompanied and implemented this golden age. COVID-19 and the environmental crisis have led to unprecedented restrictions on the exercise of rights and freedoms. Discussion and Conclusion. The foregoing has allowed us to draw the following conclusions. Hu- man rights are ideology. Like any ideology, its goal is totalising. As soon as we leave the field of law (a normative approach) in order to use law to promote values (an axiological approach), ad- vocates of human rights and freedoms finally abandon serious legal science. The totality of free- doms has become somewhat conditional. By standardising their methods, their implementation will depend on a set of permanent and universal constraints. A new paradigm of human rights and freedoms has emerged, which is built around “rights-duties”.

The Proportionality Principle in the Jurisprudence of the Russian Constitutional Court

Abstract This paper addresses the boundaries on restrictions of human rights imposed by the proportionality principle, examines the elements of the structure of this principle, and attempts to present the meaning of its elements consistently in terms of the potential for the protection of fundamental rights that are subject to restrictions. The main criticisms of some proportionality tests are considered, as well as ways to minimize the risks associated with the use of proportionality. These theoretical considerations are placed in the context of the jurisprudence of the Russian Constitutional Court, to demonstrate that the Court, instead of consistently applying proportionality tests, often draws generalized conclusions regarding the proportionality (or disproportionality) of restrictions and therefore tends to heighten some of the risks of applying the principle. One can observe some positive changes in the application of the principle, and in further requests for this. Conclusions are formulated concerning the improvement of the Court’s activities in terms of a more consistent and structured implementation of the principle of proportionality.

Standards for ensuring the legality of implementing unspount activities in criminal process through the prism of legal positions of the European court of human rights

The analysis of the legal positions of the ECHR in the aspect of the subject of the article under consideration made it possible to conditionally single out the following standards for ensuring the legality of the implementation of covert activity in criminal proceedings:- predictability. Its essence lies in the fact that the grounds, procedural order, conditions, timing, the circle of persons and crimes in relation to which it is allowed to carry out covert activities should be as detailed, clear and accurate as possible in the criminal procedural legislation. Moreover, any person had the opportunity to familiarize himself with the relevant regulatory prescriptions and foresee the actions that can be carried out in relation to him;- warranty against abuse. The content of this standard can be disclosed by more detailed highlighting of clarifying provisions ("substandards"). These include: control of interference in human rights and freedoms; the certainty of the circle of persons in relation to whom it is possible to carry out secret activities; limited corpus delicti, for the purpose of investigation or prevention of which covert activity is allowed;; the existence in national legislation of procedures that facilitate the law of the implementation of covert activity in criminal proceedings; the temporary nature of the implementation of secret activities in the criminal process;- verifiability. The essence of this standard can be disclosed through the establishment of judicial control over the decision of the issue regarding the possible destruction of information obtained in the course of conducting covert activities, which is not relevant to criminal proceedings, as well as the requirement for the mandatory opening of decisions that were the basis for conducting covert investigative actions;- exclusivity. The main content of this standard is that covert activity in criminal proceedings can be carried out only in cases where the disclosure or prevention of a crime in another way is impossible or is too complicated;- proportionality of the intervention and its expediency. The essence of this standard is that the implementation of certain covert coercive actions that are associated with the restriction of human rights and freedoms must be proportionate to the goals for which such actions are directed. Moreover, these goals and the applied coercion must be necessary in a democratic society;- inadmissibility of tacit interference in the communication of some subjects. First of all, this requirement concerns the need to legislatively guarantee non-interference in communication between a lawyer and his client, a priest and an accused, etc., which means a ban on targeted control over the communication of certain subjects, as well as the obligation to destroy information obtained in the course of an accidental, situational interfering with their communication.

Normative legal mechanism for ensuring cyberspace security of Thailand

The object of this research is the legal relations that emerge in the context of implementation of measures for ensuring cybersecurity. Characteristic is given to the provisions of the normative legal acts of Thailand in the sphere of cybersecurity. The article author explores the peculiarities of such policy and regulatory documents as Thai National Cybersecurity Strategy for 2017–2021, Policy and Plan for National Security (2019–2022), Cyber Crime Act of 2007 (revised in 2017), Criminal Code of 1956 (revised in 2019), Personal Data Protection Act of 2017, and Cybersecurity Act of 2019. The author reveals the peculiarities of normative legal mechanism for ensuring cyberspace security in Thailand. In its policy documents, Thailand does not determine the major information threats in domestic and foreign spheres or the priorities in the development of cybersecurity system, but rather outlines the range of national interests and sets the tasks may propel it to the regional leadership. The laws are elaborated with consideration of the latest trends in the sphere of information technologies,, and include in the scope of regulation such questions as the protection of personal data, computer and information systems, and critical information infrastructure. The vertical framework of state administration and monitoring, as well as the range of powers of the competent bodies are established on the legislative level. In the sphere of protection of personal data, Thai legislation extensively duplicates the provisions of the General Data Protection Regulation of the European Union. A distinctive feature of the normative legal acts consists in legal substantiation of restriction of human rights and freedoms in the context of implementation of such provisions.

The Impact of the Pandemic Covid-19 on the Human Right to Freedom of Movement

The article discusses the impact of the pandemic COVID-19 on the human rights, in particular, the right to freedom of movement and free choice of residence. The purpose of the article is to investigate whether the restrictions implemented to prevent spread of the infection were legitimate and necessary. The concept and content of the right to free movement according to Ukrainian legislation has been investigated. The legitimate grounds for restriction of human rights were analyzed. The state of compliance of Ukrainian legislation with the legislation of the EU and world standards was revealed. The range of issues that Ukraine faced during the pandemic COVID-19 and limitations of human rights were disclosed. Particular attention was paid to legal acts which implemented such limitations. It was revealed that the approach of the Ukrainian legislator while implementing restrictions of human rights was unconstitutional and violated fundamental human freedoms. General and special scientific methods were used in the process of research, such as dialectical, comparative, dogmatic and legal methods.

The Limits of Human Rights: International Law and Global Organizations

Since the mid-20th Century “human rights” have played a central role in the rhetoric of international relations from the United Nations to other forms of international systems and organisations. The "power” of human rights refers to the claim that individuals "have rights only because they are human" and that these rights belong to all people, hence they are universal. However, the given degree of violence experienced in the 20th century, period, when the concept of human rights has become more dominant in international and national law, questions arise about effectiveness of international human rights protection. This lack of effectiveness gives rise to a certain degree of scepticism about the power of human rights, which may take different interpretations. The notion of human rights based on the principles of humanity and freedom and the assumption that political power must be subjected to “reason” and “law” can be questioned in its very foundations. The present paper analyses the traditional understanding of human rights as included in the Universal Declaration of Human Rights (UDHR) of 1948 and how human rights have been integrated in the law of worldwide organizations to promote integration and liberalisation of trade. This descriptive account will be evaluated against a critical understanding of natural right which involves a critique of reason and of history understood as a progressive thought.

Business and Human Rights in Times of Global Emergencies: Comparative Perspective

This article provides an overview of the key principles of the state's fulfilmentt of the positive obligation to protect human rights from violations by business during the crisis caused by COVID 19: balancing the need to ensure public health and human rights protection; balancing the competing rights of non-state actors with taking into account the concept of the right to security as freedom from fear and freedom from want; implementation of the international human rights law requirement on restriction of human rights, including the derogation from international human rights obligations. The second part of the article is an overview of the results of a survey on the implementation by various countries around the world of the obligation to protect human rights from business violations during COVID 19. The purpose of the survey was to summarize the information about different countries obtained according to the proposed criteria to identify the main regulatory models that states use to fulfil their obligation to protect human rights from business violations in time of COVID 19.

Penanganan Covid-19 Dan Pengembangan Hukum Ham Konteks Indonesia

In dealing with the Covid-19 pandemic, the Indonesian government uses Large-Scale Social Restrictions (PSBB) as an option to accelerate the handling of Covid-19. There is a narrative struggle regarding the limitation of human rights behind the policy of implementing the PSBB. The research uses a form of normative juridical legal research. Retrieving data through documentation, and data analysis through reduction, data presentation and conclusion. The narrative struggle that occurs regarding the protection of rights in handling Covid-19 is shown by the tug-of-war between the interests of health and the rights of community activities, where the policy of limitation has implications for the fulfillment of life's needs. The implementation of PSBB in Indonesia must be done optimally by improving domestic human rights legal instruments by incorporating public health and safety factors as the legality of human rights restrictions.

The restrictions of human rights – COVID-19 pandemic and ethical issue

Purpose: The purpose of this article is to analyze some of the most significant ethical and human rights impacts of the COVID-19 pandemic. The analysis aims to demonstrate the failures of many political decision that lead to restriction and limitation of human rights. Design/methodology/approach: We analyze various documents, reports and news articles that provide essential information about the different governmental restrictions that may lead to controversial human rights issues. We also use some philosophical texts to support our theoretical basis for the defence of human rights. Overall, we aim to find some of the groups that were vulnerable during COVID-19 pandemic and describe some of the human rights concerns and ethical issues. Social implications: We hope that our article will impact political regulations and restrictions that can have severe human rights implications. We also hope to inspire citizens, scientists and politicians to uphold and protect human rights and dignity during COVID-19 pandemic. Findings: In our article, we have found that many countries had problems with creating rules, restriction and regulations that are upholding and protecting human rights or did not have ethical implications. We have also found that many vulnerable groups were disadvantaged because regulations did not take into account their precarious position. Originality/value: We have analyzed the ongoing ethical and human rights problems with the COVID-19 pandemic because we believe that they present some of the most fundamental challenges to our society. Our analysis tries to demonstrate some of the most fundamental human rights issues and proposes to address these issues to avoid any future failures.

ПРАВО НА ІНФОРМАЦІЮ: КОМУНІКАТИВНА СВОБОДА, СФЕРА КОНСТИТУЦІЙНОГО ЗАХИСТУ, ПІДСТАВИ ОБМЕЖЕННЯ

The article is devoted to determining the place of the right to information in the system of communicative freedoms, specifying the scope of constitutional protection and clarifying the criteria for its restriction. During the research a wide range of general scientific and special-legal methods of scientific knowledge was used, in particular: logical, historical, comparative-legal and system-structural methods of research. The analysis of domestic and German legal literature on the right to information was important for achieving the goal of the study. The study of the decisions of the Constitutional Court of Ukraine and the decisions of the Federal Constitutional Court of Germany devoted to the interpretation of this fundamental human right was of particular cognitive importance. As a result of the study, the author states that the right to information belongs to the system of communicative freedoms. As a separate communicative freedom, it actively interacts with other freedoms, such as freedom of expression, freedom of the press, freedom of cinema, and so on. At the same time, the right to information is subordinated to the general goal of communicative freedoms – to be an instrument of communication of an individual with society, a real opportunity to express and convey his views, beliefs and opinions to other individuals. The right to information protects access to public information not by a particular group of individuals, but by the corresponding right of each individual. In addition, this right should not be construed as a right to restrict access to certain information. Given this, the scope of protection of the right to information is to protect the right of everyone to access information that is in publicly available sources of information. Such information is the source for forming the views and beliefs of individuals. The appropriate approach should be reflected in the following interpretative acts of the Constitutional Court of Ukraine on the interpretation of the right to information. This fundamental human right may be restricted. However, such interference in the exercise of this right of individuals should not turn into its complete leveling, turning it into fiction. Therefore, along with the purely normative grounds for restricting the right to information, additional criteria are defined according to which each individual case of restriction of this right of individuals must be assessed. Keywords: information, communication freedom, human rights, sphere of protection, restriction of human rights

ПРАВОВОЕ РЕГУЛИРОВАНИЕ ОГРАНИЧЕНИЯ СВОБОДЫ ПЕРЕДВИЖЕНИЯ В ПЕРИОД РАСПРОСТРАНЕНИЯ COVID-19

The article analyzes the norms of international and national legislation regulating the procedure for re-stricting the right of a person (a citizen of the Russian Federation and a foreign citizen) to freedom of movement and the grounds for such restriction. It is concluded that the restriction of human rights to freedom of movement is a consequence of the protection of the highest human value «the right to protect human health». Based on the study of legal acts of constituent entities of the Russian Federation with different names, such as «the emergency», «On the restriction of the right to freedom of movement and the introduction of high alert» and so on, taken to prevent the spread of coronavirus infection (2019-nCoV), the author points out the shortcomings of the highest officials of subjects of the Russian Federation in the preparation and adoption of legal acts, which restricted the right of citizens to freedom of movement on the territory of the Russian Federation.

PRINCIPLES OF LAW: RETHINKING NECESSITY

The relevance of the article is stipulated by the necessity to rethink the basic law category – the principles of law, which are still perceived as declarations, as fundamental basis that do not directly regulate public relations and to which normativity is not inherent. The implementation of Western legal concepts, the provisions of the natural understanding of law increase the relevance of the study and are factors in the necessity to change the paradigm of law principles understanding. The purpose of the study is to focus the attention of domestic scholars in the field of law on the necessity to rethink such a phenomenon as law principles and to identify those features that reflect the essence of this phenomenon. It is noted that within the natural school of law, law principles cannot be assigned an optional role in the social relations regulation; principles of law are a form of law. It is substantiated that it is illogical to define law principles as the fundamental principles determining the content and direction of law system and at the same time make them dependent on the provisions of regulations and not to endow them with regulatory functions, not to endow them with normativity. It is emphasized that the European Court of Human Rights has repeatedly emphasized in its decisions (including decisions on complaints against Ukraine) that when the law does not meet the “quality of the law”, does not comply with the rule of law, the European Court of Human Rights does not consider restriction of human rights as such, which was carried out in accordance with the law. Thus, in fact, the law does not become normative, it remains only a prescription that does not regulate public relations. And this indicates the direct effect of the rule of law principle. It is argued that law enforcement agencies should be guided by the principles of law, especially in case of contradiction between the principles of law and legal norms. It is noted that the link of the principles of law with the rule of law in society can be traced through the connection of law with public relations, which is clearly reflected in sociological and historical approaches to law understanding. It is summarized that there is a necessity to rethink the understanding of specialized rules of law in the context of distinguishing of norms and principles as their separate type, especially in a situation where legal science distinguishes between the principles of law and norms of law.

ЗАСТОСУВАННЯ В УМОВАХ ВЕДЕННЯ НАДЗВИЧАЙНИХ АДМІНІСТРАТИВНО-ПРАВОВИХ РЕЖИМІВ МЕХАНІЗМУ ДЕРОГАЦІЇ ЩОДО ОБМЕЖЕННЯ ПРАВ ГРОМАДЯН НА ІНФОРМАЦІЮ В ІНТЕРЕСАХ ЗАБЕЗПЕЧЕННЯ НАЦІОНАЛЬНОЇ БЕЗПЕКИ

The article states that due to the fact that Ukraine is waging a hybrid war with the RussianFederation, the state is taking administrative and legal measures to restrict the rights of citizensto information in the interests of national security. Such a restriction must take place in a clearlydefined form and meet the requirements of national and international law, ie we can say that thereis an international legal mechanism for restricting human rights. It must, firstly, have a regulatorycomponent (norms of international and national law on the basis of which the mechanismoperates), and secondly, the organizational component (procedure, conditions and procedure forimplementation). The normative-legal component includes international normative-legal acts,which establish the rights and freedoms of man and citizen, including the procedure, groundsand conditions for their restriction. The organizational and legal component of the internationallegal mechanism for restricting human rights in the interests of national security consists of suchelements as: 1) material conditions (exceptional threat to the life of the nation; proportionality;principle of non-discrimination; inadmissibility state of emergency (martial law; respect for otherobligations under international law.); 2) procedural conditions (official declaration of state ofemergency; notification of the Secretary General of the United Nations or the Secretary Generalof the Council of Europe; parliamentary control). Derogation is defined as a situation in whicha law, ordinance, or decision is partially repealed.In acts relating to European Union law, the term "derogation" is used in cases where a Member State decides not to apply a special provisionof a particular agreement or law, in cases such as emergencies and force majeure. In Ukraine,these may include, in particular, special administrative and legal regimes. Derogations are mostpronounced in the introduction of special legal regimes that threaten national security, suchas state of emergency and martial law. It is then that deviations from international obligationsand restrictions on the right to information are most significant. It has been determined thatscholars-administrators speak about the emergence of "hybrid" or "mixed" administrative-legalregimes, which combine the features of special and other special administrative-legal regimes.The derogation in such "hybrid" or "mixed" administrative-legal regimes is partial and cannotbe used in full. In the period of "hybrid" administrative and legal regimes, derogations applyadditional administrative and legal measures in the information sphere, such as, for example,provided for in the Law of Ukraine "On Sanctions". It is concluded that the threat to the Ukrainiannation from the Russian Federation forced the leadership of our state to apply the internationallegal mechanism of restriction of human rights, including in the information sphere.

Constitutional rights and freedoms in the third Russian post-soviet republic

The main idea of the article is that most provisions of the amendment to the Russian Constitution, which was adopted in 2020, affect constitutional human rights in one way or another and limit them. The changes made by the amendment to the configuration of the state powers and the legal status of a man and the citizen, are so significant that the model of the Russian state organization installed after its introduction can be considered the third post-Soviet republic. We believe that the first post-Soviet republic was existing during the 90-s years of the XX century in our country. It was characterized by a significant commitment to the European standards. The second one covered the first two decades of the XXI century. It was characterized by the struggle of two inertial mechanisms: the new democratic one, which was launched in the period of the first republic, and the old dictatorial one, which did not cease to operate, and it has grown stronger while the new Russian political leadership was relying on it. The period of the third post-Soviet Russian Republic, which began together with the amendment-2020 to the Constitution, is characterized by the prevalence of elements of the dictatorial model of governing in our country. Within the context of the role of the amendment provisions in insuring of human rights, they can be divided into three categories: direct and indirect restrictions of human rights and neutral ones for their quantity and quality but intended for diverting attention from the rights restrictions imposed by the two first groups of the amendment provisions. Restrictions imposed by the amendment affect personal and political rights while false guaranties cover social rights. The direct restrictions on human rights mean impositions of prohibitions or duties on a person by the amendment. Indirect ones include the weakening the mechanism of checks and balances by means of strengthening the President power. The author concludes that the direct and indirect restrictions on personal and political rights do not pass the proportionality test, established by Russian Constitution (Part 3 of Article 55), being illegal for this reason.

Comparison of Emergency State Regulation Experiences in Latvia, France and Belgium

The article analyses the legal framework of emergency state in three countries – Latvia, France and Belgium. The aim of the study is to identify problems thus to improve the national legal framework. Given that the concept of emergency state has gained its relevance in 2020 with the spread of the Covid-19 disease, it has been found that the Emergency State Institute and its legal framework is an important part of every country’s national legal system, as it is a mechanism that helps to strengthen national security in case of external and internal dangers. Analysis of the legal framework of emergency state in Latvia in the context of the selected legal framework of two other countries is an effective way to assess whether the national legal framework requires improvements. In the research such methods were used as cognition, monographic, historical, comparative and analytical method, as well as interpretation of legal provisions recognized in scientific law, which contributed to understanding of the scope of legal norms in national constitutions and other related legislation in the context of the topic. In the result of the study differences in national basic laws and special laws were mainly identified, including the aspect of restriction of human rights, thus contributing to reflection and drawing conclusions on the necessary changes to the national framework. Research also outlines functioning and competence of municipality work in an emergency state.

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

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.

Limitation of human rights: concept and content

Introduction. Human rights and freedoms are inalienable and not violated, however, they should not be opposed to the rights and freedoms of others. There may be some conflict of rights and conflicts of interest that need to be addressed at the level of scientific theory and law-making practice, and this may lead to restrictions on the exercise of certain rights or, conversely, their abuse. The purpose of the article. The article aims to analyze the basic concepts of restrictions on human rights and the content of this category in view of international human rights law. The results obtained. Examining the limits of human and state freedom, attention is paid to the relationship between order in society and personal rights of the individual, emphasizes the need for balance so that public authorities that guarantee order in society, their regulatory influence does not suppress human rights and freedoms. Issues of legal and illegal restrictions are studied. In particular, in determining the legitimacy of state interference in a particular law, the European Court of Human Rights always checks compliance with a three-part test, which includes the following conditions: whether the law provides for the possibility of restricting the exercise of the right; whether the purpose of such a restriction is legitimate; whether such a restriction is necessary in a democratic society. At the international level, the so-called prohibition of state interference in the private life of citizens has been established, in connection with which the article analyzes international legal acts, in particular, the Convention for the Protection of Human Rights and Fundamental Freedoms. It is emphasized that the restriction of human and civil rights and freedoms is also an institution that is present in the constitutions of most of the most developed countries in the world. As a rule, in accordance with international standards, absolute or fundamental rights are not subject to restrictions. However, taking into account the individual characteristics of social and political life of society, each state establishes criteria for restricting human rights and freedoms. Conclusions. Restrictions on human and civil rights and freedoms should be understood as legally (legally) established limits (or exceptional conditions) that individuals must comply with in the process of exercising their fundamental rights in order to prevent violations of the rights and legitimate interests of others and compliance with established legal conditions necessary to ensure national security, public order, public morality, etc.

Constitutional Law Foundations for the Restriction of Human Rights in Connection with the New COVID-19 Pandemic

The paper investigates the issue of legal grounds for introducing restrictive measures in order to protect the population in the territory of the Russian Federation in connection with the spread of a new coronavirus infection. Complying with the requirements contained in the decrees of the President of the Russian Federation, the highest officials of the constituent entities of the Russian Federation have issued decisions on the introduction of the high-alert regime, including prohibitions on implementation of certain economic activities, free movement of citizens and vehicles, mass events. Despite the adoption of relevant amendments, federal legislation in the field of protection of the population from emergencies, as well as other federal laws have not defined conditions, terms and the scope of possible limitations. Therefore, the implementation of constitutional human and civil rights was subject to the content of the by-laws. Analysis of Art. 55 and 56 of the Constitution of the Russian Federation allows the author to enunciate the basic requirements for the system of restrictive measures to combat the spread of infection and identify its shortcomings.