RESTRICTION OF PERSONAL RIGHTS AND FREEDOMS OF MAN AND CITIZEN AS AN ELEMENT OF THEIR ENSURING

Abstract: the work is devoted to the need to limit a number of constitutional rights and freedoms of man and citizen, as well as the conditions of occurrence of this need. Restriction of human and civil rights and freedoms is considered as a legal necessity, which is a prerequisite for the proper functioning of the mechanism of legal regulation. The paper presents a socio-legal justification for limitations on rights and freedoms of man and citizen, which is based on the social compromise of inappropriate behavior that do not violate the rights and freedoms of other representative companies. Cases of deprivation or restriction of personal rights and freedoms specifically provided for by the current legislation are also caused by the need to protect more important and socially significant benefits, including ensuring public safety, or to determine and implement measures of criminal responsibility against a person who has committed a violation of the criminal law prohibition and caused harm to the person, society or the state.

According to the results of the study, the conclusions on the basis and limits of possible deprivation or restriction of personal rights and freedoms of a person and a citizen, including the right to life, are systematized, and a list of normative acts is proposed, the legal force of which is sufficient to fix these grounds and features of the implementation of the relevant legal restrictions.

Keywords: restriction of personal rights and freedoms, criminal punishment, capital punishment, preventive measures, arrest, detention, constitutional guarantees

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