Admissibility of Restrictions on Constitutional Rights and Freedoms in Crisis Situations: Concept and Grounds

Abstract

The aggravation of geopolitical conflicts in the international legal space and destructive processes within the country actualize the discussion about the conceptual permissibility, limits and grounds for restricting constitutional rights and freedoms of citizens in crisis situations. Despite the numerous publications on the problems of restricting constitutional rights and freedoms, there is practically no research on the limits of the use of law-limiting means by public authorities in crisis situations. The purpose of the study is to define the concept and grounds for the permissibility of restrictions on the constitutional rights of an individual in a crisis. The etymological and teleological approaches, methods of system analysis and formal logic were used in the work. As a result, the factual (objective and subjective) and legal (legal – conditional and unconditional) grounds for the admissibility of constitutional restrictions on rights and freedoms in crisis situations are highlighted. The former are divided into objective and subjective. Objective – characteristics of the crisis situation itself (its dynamics, causes, harmful consequences for the state and society), suggesting separate algorithms for the behavior of public authorities and their officials. Subjective – actions of subjects of public law in a crisis. The legal grounds are reduced to the guarantee of rights and freedoms and can be conditional (include those rights and freedoms that may be limited in the event of a crisis situation) and unconditional (not subject to restriction under any circumstances due to the direct instructions of the Constitution of the Russian Federation. The obtained results contribute to the further development of the theory of restriction of human and civil rights and freedoms in state legal practice.