What restrictions on the rights and freedoms of citizens exist? Restriction of constitutional rights and freedoms

As modern human rights practice testifies, the question of what restrictions on the rights and freedoms of citizens exist is one of the most relevant today. One of the confirming facts of this can be the situation that has developed regarding the adoption of the bill on pickets, marches, rallies, demonstrations. Along with this, in specialized publications insufficient attention is paid to this issue. Let us further consider what restrictions on the rights and freedoms of citizens exist.

General definition

In different sources there is a different interpretation of the restriction of the rights and freedoms of the individual. The multiplicity of approaches to determination is determined by the fact that along with it in the legal language there are other concepts that indirectly or directly reflect this phenomenon. For example, the European Convention uses two terms: derogation from obligations under the Convention and restriction of rights and human freedoms. Experts, taking into account all available opinions, offer a general definition. Thus, the restriction of constitutional rights and freedoms is a reduction in the number of options for legally permissible behavior provided for by legislative norms by establishing different limits or a complete ban.

Main signs

Legally permissible restrictions are characterized by the following:

1. They represent certain factual and legal consequences. They, in turn, are manifested as unfavorable conditions for the realization of the interests of entities whose freedoms and rights are limited while meeting the similar needs of the party interested in infringement.
2. The right reduction of opportunities has limits established by legislative norms. These borders have a subjective (in terms of persons), temporary and spatial (territorial) character.
3. Legal restrictions on rights and freedoms are established only by authorized institutions in a certain order and form in order to achieve certain goals.
4. The reduction of certain capabilities of the subject is ensured by measures of state enforcement provided by the norms for violators of the requirements.

Grounds

Legal restrictions on rights and freedoms must be justified. The grounds include:

1. The need to ensure the protection and protection of state, national security, defense of the country. If we talk about what restrictions on the rights and freedoms of citizens exist in this case, then an example would be the declaration of a state of emergency or martial law in the country. In this case, a special regime for moving people in the daytime and at night is established, special work schedules are established, workers are transferred to defense production, and so on.
2. The maintenance of order and security in society. An example in this case can be the adopted law "On silence."
3. The protection and protection of morality, general welfare, freedoms and rights of other citizens, morality, health. An example here is the law prohibiting smoking in public places.

Wrong means of limitation

These may include power (terrorist) methods. An example is the mass arrests and detention in the SIZO of people from the Caucasus in connection with the bombings in Moscow in September 1999. In addition, legal means have legal forms.But the purpose for which they are applied, as well as their content, are actually illegal. If in this case we talk about what restrictions of the rights and freedoms of citizens exist, then we can refer to the Basic Law. In particular, in Art. 25 states that no one can enter people's homes against their will, except in cases established by law. In this case, there is a conflict between the constitutional right to inviolability of the home and the formal assumption of arbitrariness in the issue of restriction.

Protection of interests in the conditions of economic activity

Decisions of the Constitutional Court of the Russian Federation provide for the prevention of restrictions on:

• Use of their property and abilities for commercial and other economic activities not prohibited by law.
• Inheritance, full compensation of harm.
• Private property in case of deposits in banks or privatization, establishment of excise taxes, fees, duties, taxes, and confiscation of property.
• Housing and related civil rights.

Personal Protection

Individual non-property freedoms and rights are considered the subject of close attention of the Constitutional Court. In certain cases, the Constitutional Court adopted decisions aimed at repealing laws that diminish or violate them. In particular, decisions protect the rights and freedoms of:

• A life.
• Personal integrity. According to the decisions, a person cannot be deprived of liberty by imprisoning him at the arbitrariness of representatives of authorities.
• Honor and good name.
• Movement and choice of place of residence, travel outside the state, except in cases in which there are constitutional, legal grounds for the ban.

Political interests

A number of decisions of the Constitutional Court are aimed at protecting them. According to the decisions, the rights of citizens to:

1. Participation in the management of public affairs.
2. Union.
3. Citizenship.
4. Participation in territorial self-government.
5. Freedom of speech and thought.

Finally

The law may establish certain restrictions on the exercise of citizens' rights, but within the framework of constitutional norms. Otherwise, such actions are declared unacceptable. The Constitutional Court, when considering cases related to the assessment of lawful restrictions, formulated additional requirements. Compliance with these requirements is mandatory for lawmakers. In particular, the COP clarifies that:

• Restrictions must be consistent with constitutional goals.
• The requirements contained in the Federal Law regarding the establishment of the maximum permissible behavior of people should not be unclear and vague, allowing arbitrariness. They should be interpreted clearly and clearly.