Questions of limits of limitation of subjective rights in absolute legal relations: an intersectoral approach

The presented article is devoted to the problems of determining the criteria for restrictions of subjective rights realized in absolute legal relations. The author positions the need to search for the “core” of absolute subjective law, defined as an indicator of the inadmissibility of any further restriction of it, through specific legal relations. In this connection, he applies an intersectoral approach to the analysis of the problems of the implementation of absolute legal relations: the branches of family, civil, and constitutional law are studied. The author notes the doctrinal and practical conflict-of-laws aspects of the sanctioned nature of restrictions on the realized paternity rights, patent rights, as well as inalienable constitutional rights in the conditions of an extraordinary regime of legal regulation. In the course of the analysis, relevant materials of domestic judicial practice are used. According to the author, the need for an authorized restriction is a prerequisite for changing the internal nature of a passive legal obligation on the part of obligated subjects in absolute legal relations. The obligation is mediated by state goal-setting and expediency, which cancels the unconditional classical nature of the absolute legal relationship.