The principle of proportionality of restrictions on human rights and freedoms

Authors

  • Sergey G. Vasilevich Belarusian State University, 4 Niezaliezhnasci Avenue, Minsk 220030, Belarus

Keywords:

restrictions on rights, law, legitimate aims

Abstract

The article is devoted to the of the principle of proportionality of restriction on human rights and freedoms analysis. Doctrinal sources, as well as legislation are analysed. Attention is drawn to the need of definition of the concepts «law» and «legitimate aims». It is expressed that taking into account the existing practice of Belarus, in the context of Art. 23 of the Constitution of the Republic of Belarus the concept «law» should be considered in a broad aspect, including all legislative acts, as well as, taking into account the acts of the All-Belarusian People’s Assembly.

Author Biography

  • Sergey G. Vasilevich, Belarusian State University, 4 Niezaliezhnasci Avenue, Minsk 220030, Belarus

    PhD (law), docent; associate professor at the department of constitutional law, faculty of law

     

References

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  3. Yadrihinsky SA. The proportionality principle as a tool for achieving balance of interests in tax relations: theory and law enforcement in Russia and abroad. Law. Journal of the Higher School of Economics. 2021;3:82–105. Russian. DOI: 10.17323/2072-8166.2021.3.82.105.
  4. Zhukova NI, Kuznetsov VA, Tsvetkov AV. [The principle of proportionality in the practice of the Constitutional Court of the Russian Federation]. Young Scientist. 2019;5(3):242–244. Russian.
  5. Podmarev AA. 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. 2021;21(1):83–91. Russian. DOI: 10.185000/1994-2540-2021-21-1-83-91.
  6. Gadzhiev GA. [On the principle of proportionality and constitutional cassation]. Sud’ya. 2019;7:56–64. Russian.

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Published

2024-05-03

Issue

No. 1 (2024): Journal of the Belarusian State University. Law

Section

Theory and History of Law and State

How to Cite

[1]
Vasilevich, S.G. 2024. The principle of proportionality of restrictions on human rights and freedoms. Journal of the Belarusian State University. Law. 1 (May 2024), 3–7.