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Podmarev A. А. The International Standards of Restriction of the Rights and Freedoms of the Person and Citizen and Their Value for Law-making and Law-enforcement Activity in the Russian Federation. Izv. Saratov Univ. (N. S.), Ser. Economics. Management. Law, 2018, vol. 18, iss. 3, pp. 338-? DOI: https://doi.org/10.18500/1994-2540-2018-18-3-338-342


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The International Standards of Restriction of the Rights and Freedoms of the Person and Citizen and Their Value for Law-making and Law-enforcement Activity in the Russian Federation

Introduction. The constitution of the Russian Federation allows 1993 possibility of restriction of the rights and freedoms of the person and citizen. One of conditions of establishment of restrictions of the rights and freedoms of the individual is their compliance to international human rights treaties. The main international documents in the sphere of human rights are the Universal declaration of human rights of 1948, the International Covenant on Civil and Political Rights of 1966, the International Covenant on Economic, Social and Cultural Rights of 1966, the European convention on protection of human rights and fundamental freedoms of 1950. The specified international acts of human rights of universal and regional character fix not only the list of the rights and freedoms, but also standards of their restrictions. Purpose. The purpose of article is identification and the analysis of the international standards of restriction of the rights and freedoms of the person and citizen, and also determination of their value for law-making and law-enforcement activity in the Russian Federation. Results. The analysis of the main international acts of human rights allowed to reveal the international standards of restriction of the rights and freedoms of the person and citizen: restrictions have to be set in definite purposes; restrictions have to be set only by the law; restrictions have to be proportional (are proportional) to those purposes for the sake of which they are entered; it is impossible to limit the rights and freedoms of the person because of a floor, races, skin color and other signs; some rights and freedoms can’t be limited under no circumstances (freedom from slavery and a servitude, the right not to be exposed to tortures, etc.) ; for restriction of the right for life and the rights for freedom there is an exhaustive list of the bases; restriction of the rights of representatives of administration, police officers, the military personnel, foreigners is admissible; in the conditions of state of emergency concerning some rights and personal freedoms additional restrictions can be introduced, concerning the separate rights and freedoms additional restrictions are inadmissible, not limited (absolute) rights and freedoms keep the action. Conclusion. The conclusion that value of the international standards of restriction of the rights and freedoms of the person and citizen for law-making and law-enforcement activity in the Russian Federation consists in the following is drawn: they have to be considered when developing the federal laws setting restrictions of the rights and personal freedoms irrespective of branch accessory of laws; they specify the content of the standards of the Constitution of the Russian Federation concerning restrictions of the rights and freedoms of the person and citizen; they have to be used by courts at justification of decisions and sentences; they are used by the Constitutional Court of the Russian Federation as additional criteria at an assessment of constitutionality of the operating restrictions of the individual and collective rights and freedoms; they play a role of limits of admissible restrictions of the rights and freedoms.

References: 

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