Известия высших учебных заведений. Поволжский регион: Общественные науки (Jan 2022)
The concept of the right to freedom and personal inviolability under the Constitution of the Russian Federation
Abstract
Background. Conceptual changes in the sphere of primary human rights are inevi-table as a result of the transformation of human relations, the social environment in which they are realized. A new round in the search for new implementations of the concepts of the rights to liberty and security of person in Russia was marked by the COVID-19 pandemic and restrictions imposed due to the spread of this disease. The transformation of such fun-damental prerogatives is interesting in itself, but in light of the above events, the relevance of this article is increasing. The purpose of the study is to analyze the historical path of the formation of existing legal phenomena and to identify modern interpretations of these defi-nitions. Materials and methods. The formation of the scientific basis for this publication was carried out not only within the framework of researching legal articles and fundamental literature, but also using the judicial practice of the Constitutional Court of the Russian Federation, the provisions of current legislative acts. The research methodology was based on the historical-legal and comparative-legal analysis, which made it possible to identify the features, distinctive characteristics of the constitutional human rights to freedom and personal inviolability. Results. A brief illustration of the historical retrospective of the de-velopment of human rights to liberty and security of person is given. The aspects of the formation of the studied fundamental prerogatives both in foreign countries and in Russia were touched upon. The substantive characteristic of the investigated rights is considered. The dichotomous division of the right to personal inviolability into two subspecies is ana-lyzed: physical and mental. Conclusions. A study of the decisions of the Constitutional Court of the Russian Federation, analysis of legal literature and legislative doctrines leads to the conclusion that each of these fundamental prerogatives consists of a set of permis-sions and restrictions for other persons that form the core of these phenomena. Further analysis of the rights to liberty and security of person in Russia confirms that today they should be considered as independent and interconnected subjective rights in our country.
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