Foreign Experience of the Legal Regulation of Constitutional Restrictions on the Rights and Freedoms of Persons with Special Legal Status and the Issues of its Actualization in Russia (Through the Example of the BRICS Countries)

Introduction: the issues of comparative legal characteristics of restrictions on the constitutional rights and freedoms of special legal entities are characterized by fragmentary coverage in both domestic and foreign jurisprudence. At the same time, an appeal to the relevant aspects of the legislation and practice of foreign BRICS countries is of considerable interest due to the deficit of scientific knowledge, due to the diversity of approaches to legal restrictions in various legal systems, and also taking into account the development of international integration processes with the participation of the Russian Federation. Methods: the methodological basis of the study is represented by general scientific, dialectical, formal-legal, historical and comparative-legal, logical-syntactic, and semantic methods, as well as methods of forecasting, synthesis, and analysis. Results: the study identified common features and main characteristics of various national models of restrictions on the constitutional rights and freedoms of persons endowed with special legal status in the BRICS countries (using the example of Brazil, India, Indonesia, the People’s Republic of China, the United Arab Emirates, and the Republic of South Africa). The author paid particular attention to the constitutional formulations of the grounds and criteria for the legal restrictions under study, as well as their comparison with the Russian model of constitutional and legal regulation. Based on the results of the study, the author draws conclusions regarding the possibility of updating relevant international experience in the context of improving Russian legislation and law enforcement practice in this area. Of particular interest was the South African model of constitutional regulation of the relevant legal restrictions, which presupposes a highly differentiated, two-tiered structure: principles and factors (criteria). The concept of “constitutional narratives” for restrictions on rights and freedoms, developed in contemporary Russian legal doctrine, can serve as a substantive reference.