Balance of Rights and Obligations of a Citizen: Some Issues of Research Methodology

Abstract

The relevance of the topic of the article is due to the needs of scientific understanding of one of the important novels of the Constitution of the Russian Federation that the balance of the rights and duties of a citizen is ensured in the Russian Federation. The author makes a number of judgments regarding the methodology of scientific research of the constitutional provision on balance, comes to the conclusion that the idea in question was implicitly contained in the Constitution of the Russian Federation even before it was formalized in the text. An analysis of the practice of the Constitutional Court of the Russian Federation allows us to state with a high degree of certainty that the Constitutional Court of the Russian Federation not only applies the idea of balance as a legal means of normative control, but actually addresses this idea as a condition and criterion for the constitutionality of the legal regulation of various social relations to all subjects of law, the legislator and law enforcers.