On state-legal mechanisms of restriction of human rights

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Introduction: the article is devoted to the problem of restriction of human rights in a state governed by the rule of law. It says that any State has a similar mechanism. This is primarily necessary to protect the rights and legitimate interests of other citizens, to protect society and the state. The classification of restrictions of rights on several grounds is given. The article discusses the features of the restriction of rights, i.e. the grounds for restrictions, subjects authorized to restrict rights. Considering the types of rights that are not subject to restriction, the author analyzes the right to life. International legal acts recognize this right as absolute. The Constitution of the Russian Federation provides for the possibility of applying the death penalty, and at the same time imposed a moratorium on its implementation. Materials and methods: the normative basis of the study is the Constitution of the Russian Federation, as well as international legal acts regulating the legal status of a person and a citizen. The methodological foundation of the research is the general dialectical method of scientific cognition, as well as methods of logical deduction, comparative legal method, analysis, synthesis and other tools through which it is possible to analyze the features of state-legal restrictions on human and civil rights in a state governed by the rule of law. The results of the study: provide an opportunity to analyze the state-legal mechanisms of restriction of human and civil rights. The article proposes the author’s classification of restrictions on human and civil rights on the most significant grounds, according to the author. Findings and Conclusions: the basic law of the Russian Federation enshrines the so-called relative rights, which under certain conditions may be limited by the state. But these restrictions are possible only in clearly specified cases - to protect the interests and rights of other citizens, to protect society, and, accordingly, to protect the foundations of the constitutional system. It is also worth noting that the restrictions in question can only be implemented on the basis of federal legislation, which also provides certain guarantees of ensuring human rights.

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Constitutional human rights and freedoms, restrictions of rights and freedoms, classification of restrictions of rights, absolute rights

Короткий адрес: https://sciup.org/143178206

IDR: 143178206   |   DOI: 10.24412/2312-3184-2021-4-39-49

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