Izvestiya of Saratov University.

Economics. Management. Law

ISSN 1994-2540 (Print)
ISSN 2542-1956 (Online)

For citation:

Podmarev A. А. Federal Law as a Priority Form of Consolidating Restrictions on the Rights and Freedoms of Man and Citizen in the Russian Federation. Journal Izvestiya of Saratov University. Economics. Management. Law, 2019, vol. 19, iss. 4, pp. 442-449. DOI: 10.18500/1994-2540-2019-19-4-442-449

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Language: 
Russian
Heading: 
Law
Article type: 
Article
UDC: 
342.76
DOI: 
10.18500/1994-2540-2019-19-4-442-449

Federal Law as a Priority Form of Consolidating Restrictions on the Rights and Freedoms of Man and Citizen in the Russian Federation

Autors: 
Podmarev A. А., Saratov State University
Abstract: 

Introduction. According to part 3 of article 55 of the 1993 Constitution of the Russian Federation, restrictions on the rights and freedoms of man and citizen may be established exclusively by federal law. Theoretical analysis. The regulation of the rights and freedoms of man and citizen — the concretization of their content, the definition of implementation procedures, cases and methods of limitation — should be carried out by federal laws. The establishment of restrictions on the rights of individuals by federal law means that restrictions are imposed by representatives of the people; restrictions must be clearly stated in the articles of the law; restrictions through federal law become well known. Empirical analysis. The study of the decisions of the Constitutional Court of the Russian Federation shows that when assessing the constitutionality of restrictions on the rights of individuals, the Court confirms that they should be established only by federal law. In addition, the Constitutional Court of the Russian Federation imposes certain requirements on the content and quality of the federal law, enshrining restrictions on human rights. In particular, the federal legislator is obliged to comply with the criteria of necessity and proportionality of the restriction of the rights and freedoms of citizens to constitutionally significant goals. Basic international human rights instruments also require that restrictions on human rights are established by law. Almost every federal law currently in force, governing a particular law (or freedom), contains restrictions on this right (freedom). In some cases specified in the decisions of the Constitutional Court of the Russian Federation, the establishment of restrictions on rights and freedoms is also possible with other regulatory legal acts. Results. It is concluded that the consolidation of restrictions on the rights and freedoms of an individual in the federal law should guarantee clarity, certainty, uniformity in understanding, common knowledge, stability of existing restrictions. The legislative regulation of restrictions on the rights and freedoms of an individual is a guarantee against arbitrary restrictions.

Key words: 
Constitution of the Russian Federation
restriction of the rights and freedoms of man and citizen
federal law
Reference: 
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Received: 
22.08.2019
Accepted: 
25.09.2019