Конституция Российской Федерации

Introduction. Strategic national priorities in Russia are enshrined in the National Security Strategy, which was approved in 2021. In this regard, the question arises: how do these priorities correlate with the amendments to the Constitution of the Russian Federation that were introduced in 2020. Theoretical analysis. It was revealed that, depending on the stages of development of the state, the system of priorities may change, which is due to both domestic and international factors. Fixing the system of priorities in a special document sets the vectors for the development of the state for a certain period. The fixation of these strategic priorities of the state in the Basic Law of the country gives them a special meaning, significance and special increased protection. Empirical analysis. The author carried out a comparative analysis of strategic national priorities with the text of the constitutional amendments adopted in 2020. The analysis revealed their compliance and the possibility of implementation by the public authorities of modern Russia. Results. The system of strategic national priorities of modern Russia is built in such a way as to achieve the national goals of the development of the Russian state, prevent the onset of internal and external threats to the country, and their implementation is possible only through the coordinated functioning and interaction of all public authorities and civil society institutions, citizens 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 article deals with the legal regulation of the universal principles of the electoral law of the Russian Federation: the principle of universal suffrage, the principle of equal suffrage, the principle of direct suffrage and the principle of secret ballot. Theoretical analysis. These principles are fully regulated by the federal legislation. However, the current Constitution of the Russian Federation consolidates them only in respect of the election of the President of the Russian Federation. The article also analyzes the legal position of the Constitutional Court of the Russian Federation and international electoral standards. Results. The author formulated proposals on the consolidation of the universal principles of electoral law in the Constitution of the Russian Federation in case of a possible further revision.

Introduction. The constitution of the Russian Federation allows 1993 possibility of restriction of the rights and freedoms of the person and citizen. One of conditions of establishment of restrictions of the rights and freedoms of the individual is their compliance to international human rights treaties. The main international documents in the sphere of human rights are the Universal declaration of human rights of 1948, the International Covenant on Civil and Political Rights of 1966, the International Covenant on Economic, Social and Cultural Rights of 1966, the European convention on protection of human rights and fundamental freedoms of 1950. The specified international acts of human rights of universal and regional character fix not only the list of the rights and freedoms, but also standards of their restrictions. Purpose. The purpose of article is identification and the analysis of the international standards of restriction of the rights and freedoms of the person and citizen, and also determination of their value for law-making and law-enforcement activity in the Russian Federation. Results. The analysis of the main international acts of human rights allowed to reveal the international standards of restriction of the rights and freedoms of the person and citizen: restrictions have to be set in definite purposes; restrictions have to be set only by the law; restrictions have to be proportional (are proportional) to those purposes for the sake of which they are entered; it is impossible to limit the rights and freedoms of the person because of a floor, races, skin color and other signs; some rights and freedoms can’t be limited under no circumstances (freedom from slavery and a servitude, the right not to be exposed to tortures, etc.) ; for restriction of the right for life and the rights for freedom there is an exhaustive list of the bases; restriction of the rights of representatives of administration, police officers, the military personnel, foreigners is admissible; in the conditions of state of emergency concerning some rights and personal freedoms additional restrictions can be introduced, concerning the separate rights and freedoms additional restrictions are inadmissible, not limited (absolute) rights and freedoms keep the action. Conclusion. The conclusion that value of the international standards of restriction of the rights and freedoms of the person and citizen for law-making and law-enforcement activity in the Russian Federation consists in the following is drawn: they have to be considered when developing the federal laws setting restrictions of the rights and personal freedoms irrespective of branch accessory of laws; they specify the content of the standards of the Constitution of the Russian Federation concerning restrictions of the rights and freedoms of the person and citizen; they have to be used by courts at justification of decisions and sentences; they are used by the Constitutional Court of the Russian Federation as additional criteria at an assessment of constitutionality of the operating restrictions of the individual and collective rights and freedoms; they play a role of limits of admissible restrictions of the rights and freedoms.