The constitutionality of restrictions on the right of citizens of the Russian Federation to travel abroad

Автор: Starkova Yuliya Mikhaylovna

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Юридические науки

Статья в выпуске: 6, 2018 года.

Бесплатный доступ

The paper deals with the problem of restrictions on the right of Russian citizens to travel abroad. The list of restrictions on the above-mentioned right is exhaustive and is not subject to the extended interpretation. The case law of the Constitutional Court of the Russian Federation confirming the constitutionality of such restrictions is presented. It is suggested that restrictions are a civilized way of regulating the freedom in the society which helps achieve a balance between private and public interests. At the same time, an analysis of the restrictions enshrined in the law makes it possible to note that each of them is based on the dispositive principle and the principle of proportionality and meets the requirements of international standards in the field of human and citizen rights and freedoms. The author concludes that it is necessary to improve Russian legislation on the matter at hand, since it should clearly regulate the ground for and limits of restrictions under review.

Еще

Constitutional right to travel outside the russian federation, freedom of movement, human and citizen rights, constitutional court of the russian federation, dispositive principle, principle of proportionality

Короткий адрес: https://sciup.org/14939133

IDR: 14939133   |   DOI: 10.24158/tipor.2018.6.14

Статья научная