Constitution of the Russian Federation

Introduction. The 1993 Constitution of the Russian Federation allows for the possibility of restricting rights and freedoms of individuals and establishes imperative conditions (principles) for the introduction and operation of these restrictions. One of these constitutional principles is the principle of proportionality: the rights and freedoms of a person and a citizen can be limited only to the extent necessary to achieve the goals specified in part 3 of Article 55. Theoretical analysis. The principle of proportionality of restrictions to certain goals is currently declared by the constitutions of many states, and is also part of the international legal criteria for restrictions on human rights. Some conceptual issues of the content of the constitutional principle of proportionality are resolved by the Constitutional Court of Russia. In its most general form, the principle of proportionality means that: the measures (means) used to restrict rights and freedoms must be conditioned by constitutional goals; restrictive measures (means) should not be greater than necessary; restrictive measures (means) should not lead to disproportionate, excessive restrictions. Empirical analysis. The analysis of the decisions of the Constitutional Court of Russia shows that in each specific case, the Court determines the necessary measure to restrict a particular right (freedom), comparing, weighing the constitutionally recognized values (on the one hand, the rights of a certain person, on the other, the rights of other persons, the interests of the state, public interests), as well as assessing the adequacy of the legal means used to achieve any constitutionally established goal (s) of restriction. The conclusions reached by the Court regarding the proportionality or disproportion (excess) of the restriction of this or that right are binding not only for the legislator, but also in some cases for the law enforcement officer. Results. It is concluded that the implementation of the constitutional principle of proportionality of restrictions in lawmaking and law enforcement means that when establishing and applying restrictions on rights and freedoms to achieve a certain constitutional goal (goals), exclusively necessary measures (means) must be provided and used in this situation. The principle of proportionality of restrictions is one of the criteria for assessing the constitutionality of the restriction of any right or freedom, as well as one of the guarantees against arbitrary (unreasonable, excessive, unconstitutional) restrictions, since it presupposes the existence of certain boundaries (limits, frameworks, conditions) of lawmaking and law enforcement.

Introduction. The reform of the Basic Law throughout the modern history of Russia has been determined by the political expediency of transforming the presidential power. Until the mid-2000s the constitutional inviolability supported by the authorities was aimed at preserving its political stability. Theoretical analysis. The Russian Federation has entered a new stage of constitutional development, due to the need for constitutionalization – giving a legitimate character to the prevailing presidential power. Any constitutional reform requires a theoretical understanding of its legitimacy, expediency, legality. Empirical analysis. The main factor in modern constitutional reform is the need for constitutionalization of presidential power. Results. The introduction of additional procedures for the adoption of an amendment to the Constitution testifies to the political will of the President of the Russian Federation to enlist the support of active participants in constitutional processes, thereby putting the ongoing constitutional reform in a legitimate and legal form.

Introduction. Modern society is undergoing yet another information revolution related to the formation and development of the global information and telecommunication network – “Internet”. In this connection, there is the question of understanding the features of the right to produce information in the Internet space. Theoretical analysis. The author considers the production of information in the 19th century, in the Soviet period and the present. Development of the Internet has greatly simplified the creation and transmissions of information, and, in this connection, the constitutional subjective right to produce information becomes available to everyone. Empirical analysis. The study of legal restrictions on the right to produce information highlights the features that are important for the legal regulation of relevant public relations. Results. The author notes that the relations connected with the right to produce information in the “Internet” network have a number of features, and highlights the following ones: 1) changing methods and accelerating the production of information, the prevalence of a single process of “production-distribution” of information; 2) blurring the boundaries between the private and public information space; 3) heterogeneity of entities engaged in the production of information. The author concludes that the analysis of modern Russian legislation has revealed trends such as the use of indirect restrictions on the right to produce information, as well as the lack of differentiation of legal regulation of the activities of entities engaged in the production and distribution of information in the Internet. 

Introduction. According to part 3 of article 55 of the 1993 Constitution of the Russian Federation, restrictions on the rights and freedoms of man and citizen may be established exclusively by federal law. Theoretical analysis. The regulation of the rights and freedoms of man and citizen — the concretization of their content, the definition of implementation procedures, cases and methods of limitation — should be carried out by federal laws. The establishment of restrictions on the rights of individuals by federal law means that restrictions are imposed by representatives of the people; restrictions must be clearly stated in the articles of the law; restrictions through federal law become well known. Empirical analysis. The study of the decisions of the Constitutional Court of the Russian Federation shows that when assessing the constitutionality of restrictions on the rights of individuals, the Court confirms that they should be established only by federal law. In addition, the Constitutional Court of the Russian Federation imposes certain requirements on the content and quality of the federal law, enshrining restrictions on human rights. In particular, the federal legislator is obliged to comply with the criteria of necessity and proportionality of the restriction of the rights and freedoms of citizens to constitutionally significant goals. Basic international human rights instruments also require that restrictions on human rights are established by law. Almost every federal law currently in force, governing a particular law (or freedom), contains restrictions on this right (freedom). In some cases specified in the decisions of the Constitutional Court of the Russian Federation, the establishment of restrictions on rights and freedoms is also possible with other regulatory legal acts. Results. It is concluded that the consolidation of restrictions on the rights and freedoms of an individual in the federal law should guarantee clarity, certainty, uniformity in understanding, common knowledge, stability of existing restrictions. The legislative regulation of restrictions on the rights and freedoms of an individual is a guarantee against arbitrary restrictions.