Open AccessCONSTITUTIONAL RESTRICTION OF HUMAN RIGHTS AND FREEDOMS
Author(s) -
Э Т Рамазанова,
H.A. Hasanov
Publication year - 2020
Publication title -
ûridičeskij vestnik dagestanskogo gosudarstvennogo universiteta
Language(s) - English
Resource type - Journals
eISSN - 2411-0299
pISSN - 2224-0241
DOI - 10.21779/2224-0241-2020-34-2-66-69
Subject(s) - fundamental rights , human rights , political science , constitution , law , international human rights law , right to property , russian federation , proportionality (law) , linguistic rights , law and economics , sociology , regional science
The article deals with the constitutional concept of "restriction of human and civil rights and freedoms". The main idea in it is that restrictions on human and civil rights and freedoms should be established in accordance with the provisions of the Constitution of the Russian Federation, international standards, and the principles of justice, equality, and proportionality. In addition, an attempt is made to distinguish between the concepts of "restriction of rights" and "diminution of rights", and the purpose of restricting human and civil rights and freedoms, enshrined in the Constitution of the Russian Federation, is examined. Restrictions on rights and freedoms are considered in terms of General and special legal regimes – States of emergency and martial law. Taking into account the specifics of the region, appropriate attention is paid to the restriction of rights and freedoms under the counterterrorism operation regime. The entire research is based on the analysis of Russian legislation, international legal documents and their practical application.