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EnglishCite this article as:
Podmarev A. А. The Person and Citizen Rights and Freedoms Restriction in the Conditions of the Martial Law in the Russian Federation. Izv. Saratov Univ., Economics. Management. Law, 2018, vol. 18, iss. 1, pp. 96-?. DOI: https://doi.org/10.18500/1994-2540-2018-18-1-96-100
The Person and Citizen Rights and Freedoms Restriction in the Conditions of the Martial Law in the Russian Federation
Introduction. Two modes of implementation of the government – ordinary (usual) and extraordinary are fixed in constitutions of the states (special legal, extraordinary). The basis for introduction of the extraordinary mode is internal or external threat to the constitutional system of the state, to existence of the state. The purpose of introduction of the extraordinary mode is restoration of the constitutional law and order. A necessary element of the extraordinary mode is establishment of restrictions of the rights and personal freedoms. The constitution of the Russian Federation provides 1993 two types of a particular legal regime – state of emergency and the martial law. Purpose. The purpose of article is the analysis of the constitutional and legislative norms regulating restriction of the rights of the peXrsonality in the conditions of the martial law, and research of specifics of restrictions of the rights and freedoms of the person and citizen entered into the period of action of the martial law. Results. The analysis of the constitutional legislation allows revealing specific signs of restrictions of the rights of the personality in the conditions of the martial law. These restrictions: are entered for ensuring defense of the country and safety of the state; are additional in relation to already operating restrictions (basic); are the simplest types of restrictions – restrictions ban; are temporary; operate only on a certain territory. Conclusion. The conclusion that the restrictions of the rights and freedoms of the person and the citizen applied in the conditions of the martial law allow to expand powers of government bodies is drawn and in this sense, they are one of the tools allowing to reflect aggression and to restore the constitutional law and order. The constitutional legislation rather in detail regulates possibility of application of restrictions of the rights and freedoms in the conditions of the martial law.
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