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Journal articles on the topic 'Restrictions on rights'

Author: Grafiati

Published: 28 May 2022

Last updated: 31 July 2025

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1

Kosilova, O. "RESTRICTIONS OF THE POLITICAL RIGHTS AND FREEDOMS: REGULATORY GROUNDS, MECHANISM OF IMPLEMENTATION." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 114 (2020): 18–24. http://dx.doi.org/10.17721/1728-2195/2020/3.114-5.

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The article examines the problem of restriction of political rights and freedoms. It is emphasized that the protection against unlawful restrictions on political rights and freedoms is particularly important for the functioning of direct and mediatory democracy. The meaning of the concept of «restriction of rights and freedoms» is analyzed. The article addresses the basic principles which should not be violated when the restriction of rights and freedoms is applied. To achieve this goal, the author analyzes the rules of domestic law, the practice of the Constitutional Court of Ukraine, the rul

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2

Yazykeev, Sergey N. "Legal mechanism of restriction of constitutional rights and freedoms of human and citizen aiming at ensuring security in Russia." Vestnik of Kostroma State University 28, no. 2 (2022): 233–38. http://dx.doi.org/10.34216/1998-0817-2022-28-2-233-238.

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Issues related to restrictions on the rights and freedoms of a person and a citizen aiming at ensuring security, are considered in the scientific article, in a generalised form. Analysing the legal mechanism for restricting constitutional rights and freedoms, the author examines a number of federal laws, judicial practice allowing to substantiate the conclusion of existence of such types of restrictions as emergency and permanent ones. The article draws attention to a number of debatable issues related to restrictions during the COVID-19 pandemic, as well as in the context of countering extrem

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3

Guzeeva, Olga. "Purposes and Content of Legal Restrictions in Criminal Punishment." Russian Journal of Criminology 15, no. 2 (2021): 199–209. http://dx.doi.org/10.17150/2500-4255.2021.15(2).199-209.

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A comparison of the goals of punishment and the goals of restricting rights and freedoms declared in the Constitution shows that only crime prevention, both at the level of a threat of punishment and the actual execution of punishment, fully corresponds to the constitutional standards of restricting rights. The goal of restoring social justice cannot legitimize punishment because it turns punishment into a demonstration of a just retribution for the violations committed by the offender. The goal of correcting convicts does not have direct legal grounds in Russia as well. However, since punishm

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4

Качалов, Егор Викторович. "RESTRICTION ON THE RIGHTS OF PARTICIPANTS IN PRE-TRIAL PROCEEDINGS IN CRIMINAL PROCEDURE." Rule-of-law state: theory and practice 18, no. 2(68) (2022): 83–93. http://dx.doi.org/10.33184/pravgos-2022.2.9.

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The purpose of the article is to study the legal essence of restricting the rights of participants in pre-trial proceedings in criminal procedure, the specific goals of their restriction, the list of rights that may be subject to restriction, grounds, criteria, conditions, as well as limits of restriction. The article uses methods of system analysis, synthesis and generalization. Results: the author concludes that the system of restricting the rights of participants in pre-trial proceedings in criminal cases includes: objectives, grounds, conditions, criteria and limits of restriction; the pow

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5

Podmarеv, Alexander A. "Proportionality as a constitutional principle of limiting human and civil rights and freedoms in the Russian Federation." Izvestiya of Saratov University. New Series. Series Economics. Management. Law 21, no. 1 (2021): 83–91. http://dx.doi.org/10.18500/1994-2540-2021-21-1-83-91.

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Introduction. The 1993 Constitution of the Russian Federation allows for the possibility of restricting rights and freedoms of individuals and establishes imperative conditions (principles) for the introduction and operation of these restrictions. One of these constitutional principles is the principle of proportionality: the rights and freedoms of a person and a citizen can be limited only to the extent necessary to achieve the goals specified in part 3 of Article 55. Theoretical analysis. The principle of proportionality of restrictions to certain goals is currently declared by the constitut

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6

Lvova, Olena. "Limitation of human rights: concept and content." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 81–89. http://dx.doi.org/10.33663/0869-2491-2021-32-81-89.

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Introduction. Human rights and freedoms are inalienable and not violated, however, they should not be opposed to the rights and freedoms of others. There may be some conflict of rights and conflicts of interest that need to be addressed at the level of scientific theory and law-making practice, and this may lead to restrictions on the exercise of certain rights or, conversely, their abuse. The purpose of the article. The article aims to analyze the basic concepts of restrictions on human rights and the content of this category in view of international human rights law. The results obtained. Ex

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7

Mikhnevych, L. V. "Legality of restrictions on the right to freedom of movement in the conditions of armed conflict." Uzhhorod National University Herald. Series: Law 1, no. 82 (2024): 215–22. http://dx.doi.org/10.24144/2307-3322.2024.82.1.32.

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The article examines the legitimate conditions for limiting the right to freedom of movement as established by international standards. It was determined that the Universal Declaration of Human Rights contains universal conditions for limiting all rights, without singling out freedom of movement. However, the act establishes general principles such as the exclusivity of restriction terms, formal certainty, and completeness of the list of restriction goals. Later documents supplemented these conditions with the social necessity of the restriction and the proportionality of the means of restrict

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8

A. Sushkov, Pavel, Marina V. Markhgeym, Eduard E. Genzyuk, Alevtina E. Novikova, and Evgeniy E. Tonkov. "RESTRICTIONS TO THE RIGHT OF PROPERTY: CONSTITUTIONAL VERSIONS IN THE POST-SOVIET COUNTRIES." Humanities & Social Sciences Reviews 7, no. 4 (2019): 1224–27. http://dx.doi.org/10.18510/hssr.2019.74167.

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Purpose: The paper deals with constitutional approaches to the formalization of restrictions and deprivation of property rights in 12 post-Soviet countries: Azerbaijan, Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan, and Ukraine. Methodology: As an analysis of specific constitutional approaches to the restriction of property rights, the paper pays attention to the conditions for the admissibility of its deprivation, compensated withdrawal and alienation of property as an object of property rights. Applications: This research

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9

Fedchyshyn, Dmytro, and Iryna Ignatenko. "About restrictions of land rights in Ukraine." Journal of Geography, Politics and Society 9, no. 1 (2019): 23–27. http://dx.doi.org/10.26881/jpgs.2019.1.03.

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The article deals with restrictions on the exercise of land rights. Attention is paid to the consideration of the content of the concept of “restriction of subjective right to land” and the views of domestic scientists regarding its definition are analyzed. The classification of restrictions on rights to land by different criteria is proposed. The peculiarities of reconciliation of public and private interests in the establishment of restrictions on the rights to land are explored.

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10

Kovalenko, T. O., and O. I. Zaiets. "Limitation of Land Rights of Citizens Under Martial Law in Ukraine." Uzhhorod National University Herald. Series: Law 2, no. 76 (2023): 16–23. http://dx.doi.org/10.24144/2307-3322.2022.76.2.2.

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The article examines the normative legal acts of land legislation that were adopted in connection with the introduction of martial law in Ukraine from February 24, 2022, analyzes the practice of their application, and also substantiates the system of restrictions on citizens’ land rights under martial law. It has been proven that land rights are not included in the list of rights that cannot be restricted under martial law conditions according to Art. 64 of the Constitution of Ukraine, therefore, in the conditions of armed aggression of the Russian Federation, starting from February 24, 2022,

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11

Ramazanova, E. T., and H. A. Hasanov. "CONSTITUTIONAL RESTRICTION OF HUMAN RIGHTS AND FREEDOMS." Law Нerald of Dagestan State Universit 34, no. 2 (2020): 66–69. http://dx.doi.org/10.21779/2224-0241-2020-34-2-66-69.

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The article deals with the constitutional concept of "restriction of human and civil rights and freedoms". The main idea in it is that restrictions on human and civil rights and freedoms should be established in accordance with the provisions of the Constitution of the Russian Federation, international standards, and the principles of justice, equality, and proportionality. In addition, an attempt is made to distinguish between the concepts of "restriction of rights" and "diminution of rights", and the purpose of restricting human and civil rights and freedoms, enshrined in the Constitution of

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12

Evstratov, A. E., and I. Yu Guchenkov. "Limits of restrictions of human rights and freedoms to ensure security (problem statement." Law Enforcement Review 5, no. 2 (2021): 77–85. http://dx.doi.org/10.52468/2542-1514.2021.5(2).77-85.

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The subject. The world faced a coronavirus pandemic in 2020. Many states, including Russia, adopted harsh measures that were largely based on restricting human rights and freedoms in an effort to counter pandemic spread. Inter-State borders were closed, restrictions were imposed on the operation of public catering organizations and the holding of sports and entertainment events was suspended, some of the fundamental rights were heavily con-strained. This resulted in the growth of public disaffection, falling of incomes and a worsening of the overall economic environment. As a result, the probl

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13

Seifullina, A. B., B. M. Smatlayev, and L. T. Nazarkulova. "The current issues of limitations of human rights during the COVID-2019 pandemic." Bulletin of the L.N. Gumilyov Eurasian National University. Law Series 151, no. 2 (2025): 27–41. https://doi.org/10.32523/2616-6844-2025-151-2-27-41.

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The question of limiting human rights is inherently complex and controversial. Restrictions on human rights are introduced to protect the rights themselves, but they may lead to their violations as well. Restrictions on human rights must be proportionate, balanced, necessary, temporary, and expedient. The issue of restrictions on human rights during COVID 2019 is of great interest. The government should first seek to minimize the negative consequences that may arise from their implementation before introducing restrictions. Governments should seek to balance restricting and respecting human ri

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14

Biloskurska, O. V., and M. D. Fedorchuk. "REGULATORY AND LEGAL REGULATION OF RESTRICTIONS ON CONSTITUTIONAL RIGHTS AND FREEDOMS OF HUMAN AND CITIZEN IN THE CONDITIONS OF MARTIAL LAW REGIME IN UKRAINE." Constitutional State, no. 46 (June 20, 2022): 7–18. http://dx.doi.org/10.18524/2411-2054.2022.46.257802.

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The article examines the issues of legal regulation of restrictions on the constitutional rights and freedoms of human and citizen in the conditions of the martial law regime in Ukraine. The provisions of certain normative legal acts adopted in Ukraine during the martial law regime were analyzed. The main purpose of restrictions on the constitutional rights and freedoms of human and citizen is to establish a balance of interests between the individual, society and the state. It is emphasized that human rights may be limited in accordance with the principles of the rule of law, legal certainty

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15

Karpiuk, Mirosław. "The Protection of State Security in Cyberspace as a Justifying Ground for Restricting Constitutional Freedoms and Rights." Przegląd Prawa Konstytucyjnego 67, no. 3 (2022): 401–12. http://dx.doi.org/10.15804/ppk.2022.03.30.

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This article discusses state security in cyberspace as a ground for legitimising interference with the exercise of personal rights and freedoms. It aims to outline the circumstances which justify restricting civil liberties and the underlying rules for such restrictions. Constitutional freedoms and rights are not absolute and as such may be restricted in the event of material threat. However, such restriction may not be arbitrary or serve as a means of political attack. It was expressly indicated by the legislators when, and by whom, certain restrictions might be introduced, and when such inte

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16

Levchenko, Alina. "Вплив правового режиму воєнного стану на забезпечення права на таємницю кореспонденції в Україні". Copernicus Political and Legal Studies 1, № 2 (2022): 86–95. http://dx.doi.org/10.15804/cpls.20222.09.

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The article is devoted to the study of the influence of the legal regime of martial law on ensuring the constitutional right to secrecy of correspondence, telephone conversations, telegraph and other correspondence. Martial law and restrictions on human rights and freedoms are not common in any country in the world. However, today, in connection with the imposition of martial law in Ukraine due to Russia’s armed aggression against Ukraine, this topic is quite relevant. The author investigates the essence of restrictions on human rights and freedoms in martial law, legal grounds, models, condit

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17

Melekh, L., and B. Melekh. "Legitimacy of restrictions on the constitutional rights and freedoms of citizens and their protection in court." Analytical and Comparative Jurisprudence, no. 2 (April 29, 2025): 170–74. https://doi.org/10.24144/2788-6018.2025.02.23.

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The article is devoted to the current problem of protection of constitutional rights of citizens in court and their legitimate restriction. The essence of restrictions on fundamental human rights is to ensure legitimate interference of the state in the private autonomy of the individual in order to ensure the common good. The principle of the rule of law determines that fundamental rights can be restricted reasonably, only on legal grounds with compliance with the requirements of the principle of proportionality. It should also be noted that only the laws of Ukraine determine the legal regime

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18

Kapranova, Yulia V., and Aleksey V. Kapranov. "Application of Injunctive Reliefs in an Administrative Offense Case: The Constitutional Dimension." Administrative law and procedure 5 (May 13, 2021): 56–59. http://dx.doi.org/10.18572/2071-1166-2021-5-56-59.

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The article deals with the application of administrative security measures in the case of an administrative offense in the context of restrictions on the constitutional rights and freedoms of the individual. Draws attention to the fact that the application of the rule in the case of an administrative offense is inevitably associated with the restriction of citizens ‘ rights, the measurement of the legality of restrictions which are directly related to the assessment of legality of actions of officials applying them. In the article, the authors analyze the criteria for restricting the rights of

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19

Zharovska, Iryna. "Constitutional human right in the context of the COVID-19 challenge." Constitutional and legal academic studies, no. 1 (November 10, 2022): 15–22. http://dx.doi.org/10.24144/2663-5399.2022.1.02.

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The purpose of the article is research the interaction between human rights and measures to protect public health in the face of new legal challenges posed by COVID-19 through the disclosure of key legal standards to combat pandemic threats; study of the problem of restriction of the constitutional right to peaceful assembly and mass events; to analyze aspects of the implementation of the constitutional right to education in a pandemic crisis and the issue of restriction of freedom of movement. The article examines the interaction between human rights and measures to protect public health in t

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20

Latyntsev, Alexander V. "Conditions for the restriction of intellectual rights in the protection of the constitutional right of citizens to health protection." Gosudarstvo i pravo, no. 4 (August 5, 2024): 116–21. http://dx.doi.org/10.31857/s1026945224040091.

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The article examines and substantiates the conditions under which it is possible to restrict intellectual rights, primarily patent holders, in order to protect the constitutional right of a citizen to health protection. The topic is becoming especially relevant in the modern Russian realities of foreign sanctions and the need to ensure the availability, in particular, of medicines and medical devices. Based on the analysis of legislation the author identifies the main goals of restricting rights related to health protection and possible initiators of these restrictions. Based on the results of

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21

Podmarev, Aleksandr. "Unrestricted (absolute) rights and freedoms of man and citizen in the Constitution of the Russian Federation of 1993 and international acts." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2019, no. 4 (2019): 69–75. http://dx.doi.org/10.35750/2071-8284-2019-4-69-75.

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The 1993 Constitution of the Russian Federation as one of the principles of the legal status of an individual establishes the possibility of restricting human and civil rights and freedoms, while also providing for the necessary conditions for imposing such restrictions (the existence of a constitutional goal of restriction; setting restrictions only by federal law; proportionality; compliance with international standards of restrictions; prohibition restrictions on rights based on social, racial, national, linguistic or religious affiliation). The need for the existence of restrictions on the

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22

Plotnikova, Inna N. "Constitutional and legal regulation of the limits of implementation, degree of permissible restrictions on the basic economic rights of the individual." Izvestiya of Saratov University. Economics. Management. Law 22, no. 3 (2022): 316–24. http://dx.doi.org/10.18500/1994-2540-2022-22-3-316-324.

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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

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23

Kiriyenko, T. P. "Principles of limitation of rights and freedom through the prism of ensuring human security." Uzhhorod National University Herald. Series: Law 1, no. 81 (2024): 116–24. http://dx.doi.org/10.24144/2307-3322.2024.81.1.18.

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The article examines the basic principles of restricting rights and freedoms through the lens of ensuring human security, and characterizes the purpose of such restrictions in the modern conditions of Ukraine’s development as a legal state. It is noted that the possibility of limiting freedom is a measure of state influence, designed to ensure the safety of citizens in critical situations that pose a danger to their lives, health and well-being. Such restrictions are especially significant today, when both Ukraine as an individual country and the whole world in general, given the previously me

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Bukhta, Yu. "Restrictions on the rights to liberty and security of person in the conditions of COVID -19." Uzhhorod National University Herald. Series: Law, no. 68 (March 24, 2022): 35–40. http://dx.doi.org/10.24144/2307-3322.2021.68.6.

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The article provides a comprehensive analysis of the theoretical provisions and legal basis for establishing restrictions on the rights to liberty and security of person in terms of preventing the spread of acute respiratory disease COVID-19 caused by the coronavirus SARS-CoV-2 in Ukraine.The study argues that the implementation of human rights restrictions in the context of preventing the spread of the COVID-19 pandemic should be based on criteria of quality of law, justification of purpose and public necessity.Based on the analysis of certain provisions of the current legislation, which esta

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Nowak, Manfred, Tania Vospernik, and Liudmyla O. Fylypovych. "Permissible restrictions on freedom of religion and belief." Religious Freedom, no. 22-23 (December 10, 2019): 23–40. http://dx.doi.org/10.32420/rs.2019.22-23.1779.

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In the article presented M. Novak and T. Vaspernik highlight five possibilities of legislative restriction of rights in the sphere of freedom of conscience and religion. The authors, based on an analysis of the judgments of the European Court of Justice, examine in detail the grounds on which religious rights may be restricted.  Restrictions on public safety. Restrictions on public order. Restrictions on public health. Restrictions on Moral Protection. Restrictions imposed to protect fundamental rights and freedoms  other persons.  Pr

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Voloshyn, Yuriy, and Marina Holovatenko. "The role of state authorities in ensuring human rights during restrictions in the pandemic period: a comparative analysis of the experience of foreign countries." Slovo of the National School of Judges of Ukraine, no. 2(43) (November 7, 2023): 75–93. http://dx.doi.org/10.37566/2707-6849-2023-2(43)-5.

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The Covid-19 pandemic, which began in 2019, has become the main cause of global crises in modern history, causing serious concerns for the health and lives of people, as well as for the functioning of society. One of the most difficult aspects of fighting the pandemic has been finding a balance between protecting public health and preserving the rights and freedoms of citizens. This article examines the experience of foreign state authorities in implementing mechanisms for restricting human and citizen rights and freedoms during the pandemic and quarantine measures. Attempts to control the spr

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27

Boldyrev, N. A. "Judicial Practice as a Formal Basis for Restricting Human Rights and Freedoms." Actual Problems of Russian Law 18, no. 9 (2023): 38–46. http://dx.doi.org/10.17803/1994-1471.2023.154.9.038-046.

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The paper deals with the issue of the formal grounds for restricting human rights and freedoms. Using the cases from the practice of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, the author confirms that judges’ creativity in the form of judicial decisions can restrict rights and freedoms, which means that it can be a formal basis for their restriction. The classic list of formal grounds, containing normative acts of various levels (from the federal constitutional law and the decree of the President of the Russian Federation to the resoluti

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Suriyanon, Natee, and Visuth Chovichien. "Applying Conjoint Analysis to Study Attitudes of Thai Government Organisations." Construction Economics and Building 9, no. 1 (2012): 45–54. http://dx.doi.org/10.5130/ajceb.v9i1.3014.

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This article presents the application of choice-based conjointanalysis to analyse the attitude of Thai government organisationstowards the restriction of the contractor’s right to claimcompensation for unfavourable effects from undesirable events.The analysis reveals that the organisations want to restrict only 6out of 14 types of the claiming rights that were studied. The rightthat they want to restrict most is the right to claim for additionaldirect costs due to force majeure. They are willing to pay between0.087% - 0.210% of the total project direct cost for restricting eachtype of contract

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Svirin, Yury Alexandrovic, Vladimir Aleksandrovich Gureev, Alexandr Anatolievich Mokhov, Eduard Eduardovich Artyukhov, and Igor Mikhaylovich Divin. "Restriction of the property rights." LAPLAGE EM REVISTA 7, Extra-A (2021): 293–303. http://dx.doi.org/10.24115/s2446-622020217extra-a805p.293-303.

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The authors examine the emergence of the institution of restrictions on the right to property from a historical perspective and also justify the need to introduce a mechanism of restrictions on the right in the modern world. The disclosure of the topic was carried out from the standpoint of general scientific, the method of theoretical analysis, and special scientific methods (comparative jurisprudence, technical and legal analysis, concretization, interpretation). The methodological basis of the study was the method of the theory of knowledge. The necessity of developing a mechanism for limit

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30

Starck, Christian. "Freedom of Scientific Research and its Restrictions in German Constitutional Law." Israel Law Review 39, no. 2 (2006): 110–26. http://dx.doi.org/10.1017/s0021223700013030.

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The German Constitution guarantees freedom of scientific research. This guarantee raises questions, such as its legal definition and scope, as well as possible conflicts with other constitutional rights. This Article suggests that in order to have normative legal consequences, the constitutional concept of science must have an ethical dimension—the importance of the value of research and research for nonbiased “truth.” Such an ethically-loaded definition of science gives rise to internal restrictions, by placing forgery, manipulation, plagiarism and other forms of improper scientific practice

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Dzikovskyi, Maksym, та Anastasiia Herych. "НОРМАТИВНО-ПРАВОВЕ РЕГУЛЮВАННЯ ОБМЕЖЕННЯ ПРАВА НА СВОБОДУ ПЕРЕСУВАННЯ В УМОВАХ ВОЄННОГО СТАНУ". Visnyk of the Lviv University. Series Law, № 80 (20 червня 2025): 212–19. https://doi.org/10.30970/vla.2025.80.212.

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The article examines the regulatory framework governing restrictions on freedom of movement under martial law. It highlights the features of international legal and constitutional regulation of the human right to freedom of movement and defines the content of this right. The purpose and grounds for restricting the right to freedom of movement of individuals are determined. The essence and legal basis of the martial law regime are considered. Special attention is given to the procedures and grounds for imposing the legal regime of martial law in Ukraine. It is noted that the state of regulatory

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Zakharov, N. O. "Legal Regulation of the Restrictions of Civil Rights." Rossijskoe pravosudie 3 (February 21, 2020): 29–38. http://dx.doi.org/10.37399/issn2072-909x.2020.3.29-38.

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Тhe subject of the article is legal regulation of restrictions of civil rights; it is noted that the scope of such regulation can vary depending on certain legally significant circumstances; author gives examples of situations related to the restriction of subjective civil rights, the regulation of which is exhausted by its legal component without the need for individual regulation; the author comes to the conclusion that such situations are possible in circumstances where the restrictions are typical, standardized and do not depend on the subjects of restrictions or certain external circumsta

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M. Dja'far, Alamsyah. "Restrictions on Congregational Prayers and Negotiations on Religious Freedom during Pandemic in Indonesia." Indonesian Journal of Political Studies (IJPS) 1, no. 1 (2021): 36–53. http://dx.doi.org/10.15642/ijps.2021.1.1.36-53.

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This article discusses the policy of restricting religious rights or beliefs during the pandemic time in Indonesia. Most studies presume that restriction policy is in line with the principles and rights of religious freedom. These studies have not much directed towards answering how the restriction on the worship right, such as congregational prayers, able to accommodate and negotiate various rejections and neglects by some Islamic communities. This paper comes with the idea that policies to restrict congregational prayers should not be uniform but provide several alternative approaches. This

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Sevryukova, Inna. "Problems of the definition and characteristics of the contractual basis for the limitation and encumbrance of ownership of real estate in Ukraine." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 341–48. http://dx.doi.org/10.33663/0869-2491-2021-32-341-348.

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Introduction. The legal description of the contractual grounds for restrictions and encumbrances on the right of ownership of real estate can be provided only after a comprehensive study of the common features of the contractual structures, which establish the relevant rights and obligations of the parties. The main common feature of such agreements is the emergence of appropriate property benefits for the owner, which is to enable the owner to satisfy their interests at the expense of someone else's real estate, resulting in restrictions and encumbrances on property subject to the contract. I

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35

Omelchuk, Oleh M., Mariia P. Muzyka, Mykola O. Stefanchuk, Iryna P. Storozhuk, and Inna A. Valevska. "Legal grounds for restricting access to information: a philosophical aspect." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 3 (2021): 64–73. http://dx.doi.org/10.37635/jnalsu.28(3).2021.64-73.

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The rapid spread of the Internet and communication technologies raises the issue of access to information, especially access to information via the Internet. The amount of information on the network is constantly increasing, and at the same time more and more efforts are being made to limit users' access to it to some extent. The more restrictions state bodies create in this area, the more efforts are made to circumvent or violate these prohibitions. Free access to information in a democratic society should be the rule, and restriction of this right – the exception. These restrictions should b

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Harris, Rahadyan Fajar, and Natalia Carolina Simanjuntak. "Implementation of The Siracusa Principles as Foundations for Reformulation of Social Restriction Policies in Public Health Emergencies." Unnes Law Journal 8, no. 1 (2022): 39–64. http://dx.doi.org/10.15294/ulj.v7i1.54504.

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The purpose of this research is to implement the Siracusa Principles as the basis for the formulation and evaluation of public policies that have the potential to restrict people's rights and freedoms during social restrictions. This research uses the statutory and conceptual approaches of normative juridical methods as instruments of analysis. The findings of this paper include 667 cases of human rights violations released by LBH Jakarta throughout 2020. There are result of the government's social restriction policy to suppress COVID-19 transmission. Although Article 4 of the International Co

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OPOLSKA, Natalya. "LIMITATION OF THE RIGHT TO FREEDOM OF CREATIVITY IN PRECEDENTIAL PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS." "EСONOMY. FINANСES. MANAGEMENT: Topical issues of science and practical activity", no. 1 (41) (January 2019): 187–200. http://dx.doi.org/10.37128/2411-4413-2019-1-15.

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The article examines the main criteria for the legitimacy of restriction the right to freedom of creation in the practice of the European Court of Human Rights, in particular, legitimacy (legality) – the restriction of the right to freedom of creation should be provided for by international and national legislation, the purpose of which is to restrict the right to freedom of creation to be justified, coherent purpose, consistent with the principle proportionality and not to go beyond the bounds of necessity; content – restrictions on the freedom of creation can not be interpreted expanded, cor

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Lankevich, A. Z. "Certain aspects of the implementation of the right to freely leave the territory of Ukraine under the conditions of marital state." Analytical and Comparative Jurisprudence, no. 4 (September 11, 2024): 65–70. http://dx.doi.org/10.24144/2788-6018.2024.04.9.

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It is indicated that the Basic Law of Ukraine enshrines the provision that everyone who is legally present in the territory of Ukraine is guaranteed the right to freely leave the territory of Ukraine, with the exception of restrictions established by law. The state has assumed the duty to affirm and ensure human rights, to guarantee the safety of life, including in conditions of martial law. The article examines certain aspects of the implementation of the right to freely leave the territory of Ukraine under martial law. The right to freedom of movement, in particular the right to leave the te

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Kachalov, Egor V. "International legal and constitutional framework for restricting the rights and freedoms of participants in criminal proceedings." Ugolovnaya yustitsiya, no. 19 (2022): 39–45. http://dx.doi.org/10.17223/23088451/19/7.

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The restrictions of individual rights in criminal proceedings are legally based on provisions of international acts on human rights, provisions of the Constitution of the Russian Federation, and the Code of Criminal Procedure of the Russian Federation. The main goals for the achievement of which the rights and freedoms of the individual may be restricted include the satisfaction of the just requirements of morality, public order and general welfare; protection of the constitutional order, health, rights and legitimate interests of other people, ensuring the defense of the country and the secur

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Zolka, Valentyn, Olha Tsarenko, Iryna Kushnir, Serhii Tsarenko, and Roman Havrik. "The Impact of the Pandemic Covid-19 on the Human Right to Freedom of Movement." European Journal of Sustainable Development 10, no. 1 (2021): 376. http://dx.doi.org/10.14207/ejsd.2021.v10n1p376.

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The article discusses the impact of the pandemic COVID-19 on the human rights, in particular, the right to freedom of movement and free choice of residence. The purpose of the article is to investigate whether the restrictions implemented to prevent spread of the infection were legitimate and necessary. The concept and content of the right to free movement according to Ukrainian legislation has been investigated. The legitimate grounds for restriction of human rights were analyzed. The state of compliance of Ukrainian legislation with the legislation of the EU and world standards was revealed.

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Aliwijaya, Araf, and Safirotu Khoir. "Factors influencing limited repository access in academic libraries." Berkala Ilmu Perpustakaan dan Informasi 21, no. 1 (2025): 171–87. https://doi.org/10.22146/bip.v21i1.14134.

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Introduction. Several academic libraries have implemented restrictions on repository access in recent years. This study explores the phenomenon of restricted access in academic libraries in managing their repositories. Method. This research uses a qualitative approach through interviews with six librarians from three academic libraries in the Special Region of Yogyakarta that have implemented repository access restrictions. Locations were selected through online observations of repository websites and direct. Library heads and staff involved in or understanding the access restriction process w

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Prodyvus, S. "Lawful resctriction of the right to freedom of movement: international legal standards and practice of the European court of human rights." Uzhhorod National University Herald. Series: Law 1, no. 79 (2023): 165–70. http://dx.doi.org/10.24144/2307-3322.2023.79.1.28.

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The article is devoted to the analysis of currentissues of restriction of the right to freedom of movement. The right to freedom of movement is one of the fundamental human rights in a democratic society and, accordingly, an integral part of the international human rights protection mechanism. At the same time, the right to freedom of movement is not absolute and is accompanied by certain restrictions necessary to ensure the realization of the rights, freedoms and interests of other people, the interests of the state and society. The author analyzed the provisions of international legal acts t

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Prodyvus, S. "Lawful resctriction of the right to freedom of movement: international legal standards and practice of the European court of human rights." Uzhhorod National University Herald. Series: Law 2, no. 78 (2023): 365–71. http://dx.doi.org/10.24144/2307-3322.2023.78.2.59.

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The article is devoted to the analysis of currentissues of restriction of the right to freedom of movement. The right to freedom of movement is one of the fundamental human rights in a democratic society and, accordingly, an integral part of the international human rights protection mechanism. At the same time, the right to freedom of movement is not absolute and is accompanied by certain restrictions necessary to ensure the realization of the rights, freedoms and interests of other people, the interests of the state and society. The author analyzed the provisions of international legal acts t

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Mack, Eric. "PREROGATIVES, RESTRICTIONS, AND RIGHTS." Social Philosophy and Policy 22, no. 1 (2005): 357–93. http://dx.doi.org/10.1017/s0265052505041142.

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I offer a defense of the moral side-constraints to which Robert Nozick appeals in Anarchy, State and Utopia but for which he fails to provide a sustained justification. I identify a line of anti-consequentialist argumentation which is present in Nozick and which, in the terminology of Samuel Scheffler, moves first to affirm a personal prerogative which allows the individual not to sacrifice herself for the sake of the best overall outcome and second moves on to affirm restrictions (i.e., moral side-constraints) which prohibit the individual from suppressing others' exercise of their personal p

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Bernaziuk, Ya. "Protection of general (public) interest as a criterion for restriction of constitutional rights and personal freedoms." Uzhhorod National University Herald. Series: Law, no. 68 (March 24, 2022): 124–30. http://dx.doi.org/10.24144/2307-3322.2021.68.20.

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The article is devoted to the study of the protection of general (public) interest as a criterion for restricting the constitutional rights and freedoms of the individual. It is substantiated that the presence of general (public) interest in accordance with the legislation of Ukraine may be grounds for: restriction of property rights, other constitutional rights, in particular, the right to access public information, the right to freedom of association in political parties and public organizations, peacefully, without weapons and to hold meetings, rallies, marches and demonstrations, the right

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Kamalova, Gulfiia Gafiiatovna. "Restrictions and boundaries in the Russian information law." Национальная безопасность / nota bene, no. 2 (February 2020): 11–30. http://dx.doi.org/10.7256/2454-0668.2020.2.32653.

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The subject of this research is the system of legal norms of the Russian Federation that regulates public relations within the process of restriction of the constitutionally recognized information rights and liberties of a human and citizen, as well as establishment of the boundaries of their realization in the current conditions of development of the information society and digitalization. The goal of this work is to develop theoretical foundations for information law through demarcation of boundaries and restrictions of the information rights and liberties, which would also contribute to imp

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Mráz, Attila. "HOW TO JUSTIFY MANDATORY ELECTORAL QUOTAS: A POLITICAL EGALITARIAN APPROACH." Legal Theory 27, no. 4 (2021): 285–315. http://dx.doi.org/10.1017/s1352325221000252.

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ABSTRACTThis paper offers a novel substantive justification for mandatory electoral quotas—e.g., gender or racial quotas—and a new methodological approach to their justification. Substantively, I argue for a political egalitarian account of electoral quotas. Methodologically, based on this account and a political egalitarian grounding of political participatory rights, I offer an alternative to the External Restriction Approach to the justification of electoral quotas. The External Restriction Approach sees electoral quotas as at best justified restrictions on political participatory rights. I

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Lohvinova, M. V. "Classification of restrictions on the exercise of subjective family rights." Uzhhorod National University Herald. Series: Law 1, no. 81 (2024): 200–207. http://dx.doi.org/10.24144/2307-3322.2024.81.1.31.

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One of the traditional ways of cognition of any phenomenon is its classification, which is a logical process of division into certain types according to specific criteria. The classification makes it possible to form the basis for a special study of the implementation of restrictions on the exercise of subjective family rights. The classification of restrictions to family rights in the works of family law specialists is studied rather fragmentarily, since until recently this topic has not attracted attention of scholars. Instead, in the author’s opinion, classification as a special method make

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Massias, F. "L’influence de la Convention européenne des droits de I’homme sur le droit de propriété." European Review of Private Law 2, Issue 1 (1994): 47–78. http://dx.doi.org/10.54648/erpl1994003.

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Abstract. Up to the present time, the European Court of Human Rights has handed down 18 interesting judgments on Article 1 of Additional Protocol 1 of the European Convention on Human Rights and Fundamental Freedoms. As interpreted by the Court, this provision authorises three types of restrictions to the right to property which it lays down, but in contrast to the other provisions which permit restrictions (in particular Articles 8–11 of the Convention) it makes no mention of what is necessary in a democratic society. What is proposed here is a global reading of the case law of the Court in t

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Synytsyn, P., and R. Vasyliohlo. "The role of the principle of proportionality when restricting constitutional rights and freedoms of man and citizen in Ukraine: problems of theory and practice." Uzhhorod National University Herald. Series: Law 4, no. 87 (2025): 136–40. https://doi.org/10.24144/2307-3322.2025.87.4.20.

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It is indicated that in the realities that have formed in our country in recent years, compliance with the principle of the rule of law, in particular its element of proportionality, is gaining increasing relevance. Cases of restriction of human rights are increasingly encountered in social and legal relations, therefore, studying the role of the principle of proportionality in the restriction of constitutional rights and freedoms of man and citizen in Ukraine is currently an urgent necessity. In particular, questions arise regarding the legality and expediency of restrictions on human and cit

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