Izvestiya of Saratov University.
ISSN 1994-2540 (Print)
ISSN 2542-1956 (Online)


ограничение прав и свобод человека и гражданина

Constitutional and legal bases of restriction of freedom of creativity: Goals and limits

Introduction. The diversity and transformation of relations in the sphere of the realization of the right to creative activity determine the formation of a complex mechanism of legal regulation, the elements of which should be legal restrictions. Theoretical analysis. Restrictions on the freedom of creativity are quite numerous and can be of an ethical, moral and legal nature.

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

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.

Proportionality as a constitutional principle of limiting human and civil rights and freedoms in the Russian Federation

Introduction. The 1993 Constitution of the Russian Federation allows for the possibility of restricting rights and freedoms of individuals and establishes imperative conditions (principles) for the introduction and operation of these restrictions. One of these constitutional principles is the principle of proportionality: the rights and freedoms of a person and a citizen can be limited only to the extent necessary to achieve the goals specified in part 3 of Article 55. Theoretical analysis.

Unrestricted human rights and freedoms: Legal positions of the Constitutional Court of Russia (1995–2022)

Introduction. The Constitution of the Russian Federation of 1993 in several articles provides for the right of the state to restrict the rights and freedoms of man and citizen in order to achieve certain goals. Part 3 of Article 55 of the Constitution of the Russian Federation establishes the general conditions for the restriction of all rights and freedoms of the individual. However, this constitutional norm does not give an answer to the question of whether there are rights and freedoms of an individual that cannot be limited. Theoretical analysis.