Journal of Siberian Federal University. Humanities & Social Sciences / Restrictions of Constitutional Rights and Freedoms and Legal Obstacles in Their Implementation

Full text (.pdf)
Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2015 8 (8)
Authors
Zaitseva, Elena R.; Panchenko, Vladislav Yu.
Contact information
Zaitseva, Elena R.:Siberian Federal University 79 Svobodny, Krasnoyarsk, 660041, Russia; Panchenko, Vladislav Yu.:Siberian Federal University 79 Svobodny, Krasnoyarsk, 660041, Russia; E-mail:
Keywords
legal obstacles in realization of rights and freedoms; restrictions of rights and freedoms; rights and freedoms of man and citizen; constitutional law; legal regulation; theory of law
Abstract

The article is devoted to the ratio of restrictions of rights and freedoms and legal obstacles as the phenomena of legal life. It makes conclusions that the legal restrictions of rights and freedoms as a general rule cannot be regarded as legal obstacles; restrictions that do not meet the constitutional conditions of legality are legal obstacles that are surmountable judicially, while the judicial assessment is a judicially significant criterion of the difference between legal restrictions and obstacles

Pages
1576-1579
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/19726

Creative Commons License This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).