Recognizing the absolute nature of human rights and the restrictions on them in the context of the convention for the protection of human rights and fundamental freedoms of 1950 and the Russian law

Based on the analysis of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, the provisions of the Russian law, the case law of the European Court of Human Rights and the Constitutional Court of Russia, the study considers the problem of recognizing the absolute nature of human rights and their limitations. The research identifies the rights attributed by the Convention and the European Court of Human Rights to absolute, highlights the legal grounds for legitimate restrictions on other conventional rights. The authors note the similarity of the approaches of the Russian and European Courts to dealing with many issues related to restrictions on rights. Besides, they focus on the court’s trend towards recognizing the absolute nature of several rights which are not absolute. The research cites the example of the Court ruling on the case of Anchugov and Gladkov v. Russia which is in breach of Part 3 of Article 32 of the Constitution of the Russian Federation. It is noted that this trend may lead to a violation of the balance between public and private interests. In conclusion, several measures are proposed to overcome the contradictions between Russia and the ECHR concerning the interpretation of the Convention rights.