restrictions on rights
Constitutional and legal regulation of the limits of implementation, degree of permissible restrictions on the basic economic rights of the individual |
Introduction. Many scientific works are devoted to theoretical and practical aspects of the restriction of human rights and freedoms. However, issues of the admissibility and proportionality of restrictions on the economic rights of a person and a citizen are the subject of scientific controversy, which predetermines the expediency of addressing the topic of this study. Theoretical analysis. The author made an attempt to theoretically comprehend the concept of “restriction of the right”, presenting a scheme for dividing human and civil rights and freedoms, regulated by the Constitution of the Russian Federation, into groups according to the degree of permissible restrictions, based on an analysis of the works of domestic and foreign authors. Empirical analysis. The author highlights that “obligations” and “prohibitions” remain the main methods of legal influence in regulating implementation of economic rights, often with the imposition of liability disproportionate to the committed act, which is also confirmed by the conclusions of the Commissioner for Human Rights in the Russian Federation and the Presidential Commissioner of the Russian Federation for the Protection of Entrepreneurs' Rights, the practice of the Constitutional Court of the Russian Federation. Results. It is proposed to consider restrictions on constitutional economic rights and freedoms as a change in the scope of their powers by interfering with the basic economic right by establishing obligations, prohibitions, and liability within the framework of: general limits for the exercise of rights and freedoms (reservations immanent in the constitution); reservations immanent in specific fundamental rights, simple reservations qualified in the relevant articles of the Constitution; immanent limits of restrictions on specific economic rights of the individual by the state. There is a growing need for a clearer regulation of the processes of institutionalization of assessment of the regulatory impact of regulations in the field of implementation of economic rights, constitutionalization of these relations. |
Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 3 |
Information and Communication Culture as a Condition for the Realization of Some Rights of Citizens (the Case Study of Procedural Legislation) |
Introduction. The article is devoted to the analysis of the significance of the level of development of information and communication culture of citizens for the exercise of their rights in the trial. The internetization and digitalization that have taken over the world make us take a fresh look at the need to comprehend the level of formation of the information and communication culture in the law-making process. Theoretical analysis. The dependence of the realization of certain rights of citizens on the level of formation of the information and communication culture of citizens and society as a whole is analyzed. The ambiguity of the assumption of a high level of legal and information and communication culture in the law-making process is considered, which may further become an obstacle to the realization of citizens’ rights. Results. The author notes that the reduction of orality in the ongoing processes of informatization and internetization should not a priori lead to the recognition of a high level of formation of the information and communication culture of citizens, it is necessary to work systematically on this process. It seems illogical to assume the dependence of the successful implementation of certain norms on the existence of a certain level of legal, information and communication culture of a citizen. |
Izv. Saratov Univ. (N. S.), Ser. Economics. Management. Law, 2020, vol. 20, iss. 3 |