Cite this article as:

Podmarev A. А. The Person and Citizen Rights and Freedoms Restriction in the Conditions of the Martial Law in the Russian Federation. Izv. Saratov Univ. (N. S.), Ser. Economics. Management. Law, 2018, vol. 18, iss. 1, pp. 96-?. DOI: https://doi.org/10.18500/1994-2540-2018-18-1-96-100


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The Person and Citizen Rights and Freedoms Restriction in the Conditions of the Martial Law in the Russian Federation

Introduction. Two modes of implementation of the government – ordinary (usual) and extraordinary are fixed in constitutions of the states (special legal, extraordinary). The basis for introduction of the extraordinary mode is internal or external threat to the constitutional system of the state, to existence of the state. The purpose of introduction of the extraordinary mode is restoration of the constitutional law and order. A necessary element of the extraordinary mode is establishment of restrictions of the rights and personal freedoms. The constitution of the Russian Federation provides 1993 two types of a particular legal regime – state of emergency and the martial law. Purpose. The purpose of article is the analysis of the constitutional and legislative norms regulating restriction of the rights of the peXrsonality in the conditions of the martial law, and research of specifics of restrictions of the rights and freedoms of the person and citizen entered into the period of action of the martial law. Results. The analysis of the constitutional legislation allows revealing specific signs of restrictions of the rights of the personality in the conditions of the martial law. These restrictions: are entered for ensuring defense of the country and safety of the state; are additional in relation to already operating restrictions (basic); are the simplest types of restrictions – restrictions ban; are temporary; operate only on a certain territory. Conclusion. The conclusion that the restrictions of the rights and freedoms of the person and the citizen applied in the conditions of the martial law allow to expand powers of government bodies is drawn and in this sense, they are one of the tools allowing to reflect aggression and to restore the constitutional law and order. The constitutional legislation rather in detail regulates possibility of application of restrictions of the rights and freedoms in the conditions of the martial law.

References: 

1. The Constitution of the Russian Federation (adopted by the popular vote of 12.12.1993) (amended of 30.12.2008 No. 6-FKZ, of 30.12.2008 No. 7-FKZ, of 05.02.2014 No. 2-FKZ, of 21.07.2014 No. 11-FKZ). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2014, no. 31, art. 4398 (in Russian). 

2. On the Martial Law. Federal constitutional law of 30.01.2002 No. 1-FKZ. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2002, no. 5, art. 375 (in Russian). 

3. On defense. Federal law of 31.05.1996 No. 61-FZ. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 1996, no. 23, art. 2750 (in Russian). 

4. On mobilization preparation and mobilization in the Russian Federation. Federal law of 26.02.1997 No. 31-FZ]. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 1997, no. 9, art. 1014 (in Russian). 

5. On Civil Defense. Federal Law of 12.02.1998 No. 28-FZ. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 1998, no. 7, art. 799 (in Russian). 

6. Military Doctrine of the Russian Federation. Approved President of the Russian Federation of 25.12.2014 No. Pr-2976. Rossiyskaia gazeta [Russian newspaper], 2014, 30 December (in Russian). 

7. Opredelenie agressii: rezoliutsiya General’noi Assamblei OON ot 14.12.1974 [Defi nition of aggression: UN General Assembly Resolution of 14.12.1974]. Mezhdunarodnoe publichnoe pravo [International Public Law]. In 2 vol. Vol. 2. Moscow, 1996 (in Russian). 

8. On Regulations of the Council of Federation of the Federal Assembly of the Russian Federation. Decree of the Council of Federation of 30.01.2002 No. 33-SF]. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2002, no. 7, art. 635 (in Russian).

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