Legal mechanism of restriction of constitutional rights and freedoms of human and citizen aiming at ensuring security in Russia

In: Vestnik of Kostroma State University, Volume 28, Issue 2, p. 233-238

Abstract

Issues related to restrictions on the rights and freedoms of a person and a citizen aiming at ensuring security, are considered in the scientific article, in a generalised form. Analysing the legal mechanism for restricting constitutional rights and freedoms, the author examines a number of federal laws, judicial practice allowing to substantiate the conclusion of existence of such types of restrictions as emergency and permanent ones. The article draws attention to a number of debatable issues related to restrictions during the COVID-19 pandemic, as well as in the context of countering extremism, and such a fact is noted that right restrictions are disproportionate to the existing threat to public safety. The author of the work insists on maintaining a balance between public and private interests when establishing restrictions on the rights and freedoms of a person and a citizen; he comes to the conclusion that it is necessary to consolidate a legal mechanism for restricting the rights and freedoms of a person and a citizen in the Federal Law "On Security" in order to ensure security, legally justified principles of restriction of constitutional rights and freedoms, including those developed in the legal positions of the Constitutional Court of the Russian Federation, certain legal guarantees against unreasonable restrictions on human rights and freedoms, issues of responsibility of public authorities when restricting the rights of citizens and other conditions for the functioning of this mechanism.