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CITIZENS’ RIGHTS AND FREEDOMS DURING PUBLIC-POWER RELATIONS TRANSFORMATION: PANDEMIC AND DIGITALIZATION CHALLENGESстатья
- Авторы: Баранов П.П., Мамычев А.Ю., Рабец А.П.
- Журнал: The European Proceedings of Social & Behavioural Sciences EpSBS eISSN: 2357-1330
- Номер: AmurCon 2021
- Год издания: 2021
- Первая страница: 109
- Последняя страница: 118
- Номер статьи: 13
- Аннотация: The article analyzes the philosophical, political, legal and socio-cultural aspects of the problem of restricting individual rights and freedoms in the context of digitalization processes, especially those trajectories of digital evolution of public-power relations that have developed during a long-term viral epidemic. The authors focus on the problem of proportionality and legality of the relevant power restrictions. The article analyzes the constitutional and legal grounds for restrictions, as well as the role of the Constitutional Court of the RF in the mechanism for protecting rights and freedoms from their abuse. Particular attention is paid to the legal position of the Constitutional Court of the RF on the recognition of regional "coronavirus" restrictions of rights and freedoms in accordance with the Constitution of the Russian Federation. Separately, the paper discusses the problems of restricting human and civil rights and freedoms in the context of the digital evolution of society, examines the impact of the pandemic of the new coronavirus infection on the activation of extra-legal activities of state authorities and officials, as well as issues related to the use of digital technologies in this power-management activity. The article argues that the digital forms and tools used in the framework of restrictive regimes were mainly implemented precisely within the framework of an extra-legal form of power-management activity. The latter, according to the authors, is caused not only by the very specifics of the extreme situation, but also by the weak elaboration of the current legislation.
- Добавил в систему: Мамычев Алексей Юрьевич