Constitutional and legal regulation of the limits of implementation, degree of permissible restrictions on the basic economic rights of the individual

Abstract

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.

Keywords

• the constitution of the russian federation
• economic rights
• restrictions on rights
• immanent limits
• reservations
• mandatory requirements