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TYPES OF RESTRICTIONS OF CONSTITUTIONAL RIGHTS AND FREEDOMS OF MAN AND CITIZEN
Constitution of the Russian federation establishes the main principles of human rights and freedoms in the country. It also contains the ways of the restriction of the human and citizen rights and freedoms. Constitution says that rights and freedoms might be restricted due to different aspects; such aspects are mostly connected with the defense of the rights of other people, their health and interests and also with the defense of constitutional regime and the entire country. The possibility of the restriction of the human rights and freedoms is documented in the article 55 of the Constitution of the Russian Federation, [1]. According to this article, restrictions are possible by federal legislation and with clear objectives. Most important objectives are usually connected with the defense of human rights and freedoms and ensuring the security of the country, [2].
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Most common types of the restrictions are connected with arriving to and leaving from the country or the establishment of special custom regime. Movement around the country might be also restricted in some situations. Other important restriction that might occur is the ban of any manifestations and public demonstrations, establishing of the strict censorship on TV and in the press. Observations of the houses and transport might be also realized. Some situations may demand implementation of different kinds of governmental control of the telephones and internet. The most common restrictions are taking the suspects of the crime under custody, [7].
Restrictions are usually differing by the rights that they restrict. Constitution establishes different types of the human rights and freedoms, for example: civil rights, political rights, economical rights and social rights.
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Point 1 of the article 1 of the Civil Codex of the Russian Federation fixes the main principles of civil law. One of the most important principles of the civil law is the freedom of the agreement. This principle establishes the right to take different decisions concerning any agreements freely. This principle is also implemented in the freedom of the establishing of the main conditions of any agreement. But the article 421 of the same Codex says that the conditions might be chosen by the parties, unless they are not already fixed in the legislation, [2].
M.A. Krasnov divides restrictions in different groups when concerning the restrictions of economical rights. First group is based on the main principles of the human rights. It means that the constitutional rights and freedoms of the one person are restricted by the rights and freedoms of the other person. First group also contains some other restrictions that connected with the working conditions and the rights and freedoms of the workers. Second group contains different constitutional responsibilities. Third group presented by the constitutional norms. These constitutional norms are the actual restrictions. Some of them are pretty common to us. For example, the one of the most important economical restrictions is the ban on monopolies and any financial activities that might cause the monopolization. Other norm is about the defense of the environment that means that any financial activity that might cause damage to the nature is 2 banned too. The fourth group contains constitutional norms that are not restrictions yet, but might be realized as restrictions by the federal legislation, [5].
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Restrictions might be also divided by the period of their validity. Some restrictions are permanent. That means that their validity has no defined time period and they will be valid until they are fixed in the Constitution of Federal Legislation. Some restrictions might be temporal. That means that they are valid only on some time period and their validity will end with this period. Temporal restrictions are usually established during the emergency situations or during the armed conflicts. They might be valid all around the country or only in some regions of the country.
So the restrictions might be divided by the territorial meanings. Some of them might be valid all over the country and have the federal meaning. Others might be valid only in separate region of the country, so they will be valid only in this region. The third group of restrictions is the municipal level restrictions. They are valid on the territory of different cities or other types of municipal formations around the country or region. A.V. Malko classifies restrictions by the elements of law where these restrictions are contained. Examples of such groups are the judicial factual restrictions (hypothesis); ban, cancellation and responsibility (disposition); measures of punishment (sanction), [6].
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We can see an example of factual restriction in the article 17 of Family Codex of the Russian Federation which says that husband can’t start a divorce without the acceptance of this operation by wife while wife is pregnant and a year after the birth of the child, [3]. Ban means the implementation of the responsibility to not do chosen actions. It is obvious that such measures as bans commonly used by police and other legal governing bodies. Actually cancellation is the temporal ban for the person on implementation of his responsibilities. Responsibility is opposite to ban and cancellation. Responsibility means forcing person to do some actions in the interests of the subject that gives these responsibilities to the person. Punishment is the application to the persons some special measures which always restrict some of the rights or freedoms of this person.
The other classification is connected with amount of citizens that are affected with restrictions. It might be general restrictions that affect all the population of the country. Other type is presented by the restrictions which affect only the population of separate region of the country. Third type is presented by individual restrictions that affect an individual or person. We can use a ban on driving any type of transport as an example of individual restriction. Individual restrictions are used to establish the equality between the rights of the person and society. They are also commonly used when there is a confrontation between the interests of individual and government.
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Constitution of the Russian Federation also has a list of rights and freedoms that should be restricted by the governing bodies. This rights and freedoms are contained in the part 3 of the article 56 of the Constitution of the Russian Federation. Restrictions of the human rights should be applied in compliance with the Constitution and Federal Legislation, but some regions of the Russian Federation have some special restrictions in their Legislations, [1]. The most important source of confrontations in such regional legislations is the legal status of the citizen. These special restrictions might consider citizens that are not native to this region. In some regions native citizens or citizens with the citizenship of this region have some advantages in different legal aspects. Some examples are thee right to participate in voting in governing bodies. Different regions may have some special restrictions on the knowledge of the native language and citizenship for candidates.
They are also a special regime of restrictions for some special categories of the citizens such as governmental officials, military personnel and inmates. This regime is established due to their special legal status. Constitution has no frames of the restrictions for such categories of citizens and restrictions for these special groups are established by the governing bodies. 3 Restrictions for such types of citizens should depend on their relationships with government and should be checked on the compliance with the Constitution.
International agreements on the human rights allow their participants to apply legal acts that restrict the implementation of some rights. Such agreements also give their participants the right to violate the conditions of the agreements during emergency and times of armed conflicts. Such measures should be restricted by the needs of the country to defend the national security and should not violate this principle, [4]. To summarize everything we should say that The Constitution of the Russian Federation contains only the general provisions concerning the restrictions of the rights and freedoms of the man and citizen. The amount of different classifications of the restrictions might be apologized due to the permanent development of the society. Together with the development of the society restrictions and legal traditions change, but the main principles are still the same.
References
1. Конституция РФ. Принята всенародным голосованием 12 декабря 1993 г. (с учетом поправок, внесенных Законами РФ о поправках к Конституции РФ от 30 декабря 2008 г. № 6-ФКЗ, от 30 декабря 2008 г. № 7- ФКЗ, от 5 февраля 2014 г. № 2-ФКЗ, от 21 июля 2014 г. № 11-ФКЗ) // Официальный интернет-портал правовой информации [Электронный ресурс]. URL:http://www.pravo.gov.ru (дата обращения: 10.12.2019).
2. «Гражданский кодекс Российской Федерации (часть первая)» от 30 ноября 1994 г. № 51- ФЗ (ред. от 29 декабря 2017 г.) // Официальный интернетпортал правовой информации [Электронный ресурс]. URL:http://www.pravo.gov.ru (дата обращения: 10.12.2019).
3. «Семейный кодекс Российской Федерации» от 29 декабря 1995 г. № 223-ФЗ (ред. от 29 декабря 2017 г.)// Официальный интернет-портал правовой информации [Электронный ресурс]. URL:http://www.pravo.gov.ru (дата обращения: 10.12.2019).
4. Бородавкина Н.М. Ограничения и запреты в гражданском праве // Вестник Оренбургского государственного университета. 2014. № 4. С. 236- 239.
5. Краснов М.А. Некоторые аспекты проблемы ограничения конституционных прав (на примере экономических прав) // Сравнительно Конституционное Обозрение. 2013. № 1 (92). С. 82-93.
6. Малько А.В. Стимулы и ограничения в праве: Теоретико - информационный аспект. Монография. 3–е изд., перераб. и доп. 2011. 363 с.
7. Шахмуратова Р.А., Кузнецов И.А. Формальные основания ограничения конституционных прав и свобод человека и гражданина// Modern Science. 2019. № 5-4. С. 306-308.