Criteria of Lawful Limitation of Human Rights in the Structure of This Institution as Part of General-Purpose and Sectoral Studies
Year: 2024
Type: article
Abstract: The article proves that in connection with the amendments to the Constitution of the Russian Federation, the Federal Law “On the Constitutional Court of the Russian Federation”, and the adoption of the Federal Law of 31.07.2020 № 247-FZ “On mandatory requirements in the Russian Federation” the issues of assessment and explication of modern requirements for the constitutionalization of criminal law and its application have become acute. The criteria for such assessment are represented by the requirements of international and constitutional norms on the grounds, principles, limits, and conditions under which the limitation of rights is possible, and which are reflected in the resolutions of interstate bodies and the Constitutional Court of the Russian Federation. Some of them are directly and imperatively stated in these documents, some are not obvious enough, and some are given generic names. All of them require their interpretation and concretization. In the legal literature of different historical periods they are studied at different angles and are called differently: grounds, principles, limits, requirements, conditions, prerequisites, criteria, indicators. As a result of the study of methodological, general legal and sectoral literature it has been concluded that the use of this or that term, the definition of its concept depends on the type of research. In general-purpose research it is possible to use the term “condition”; for the development of an algorithm for assessing a normative act and its compliance with the Constitution of the Russian Federation (empirical research) it is more correct to use the term “indicators”. The purpose of the latter is evaluation, which is possible on the basis of a recognizable, specific characteristics. Therefore, it is more fruitful to use structural elements of the principles of law as a criterion of evaluation. The grounds for the limitation of rights and their legalization (legitimization) allow us to identify the primary, initial, basic, fundamental, major requirements - the criteria of lawful limitation of rights; they partially show the origins of the division of criteria of lawful limitation of human rights into formal and tangible. It is concluded that multi-criteria studies are more fruitful, although single-criteria studies deepen and supplement the first ones. Therefore, the use of the achievements of both kinds of studies considered in reference to criminal law, will make it possible to supplement the algorithm for assessing the criminal law (draft), its application for compliance with constitutional requirements.
Source: Legal Linguistics
Author: Valentina Plokhova
Institution: Altai State University
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4409356136