Limits of individual rights restriction in criminal proceeding

In the Russian Federation the rights of a person are of priority. The state cannot deprive a person of his rights andfreedoms, however, to carry out its functions efficiently, it can restrict the rights of a person. At the same time, the possibility and limitsof such restrictions cannot be defined by the legislator at will. The limits of a permissible restriction are determined by the conditionsand criteria of the restriction, which are interconnected. The principle of respect for human dignity is the basis for the establishment ofthe mechanism for the realization of rights and the limits of their restrictions. The conditions include: legality, legal certainty of law, theestablished procedure of restricting, compliance of restrictions with international standards of human rights, guarantees of observance ofrights enshrined in law. Legality means both the securing of restrictions in law and legal certainty. The procedure of realization of theright should not lead to distortion or derogation of the essence of the right itself. The procedure shall provide guarantees of observanceof individual rights. The courts must effectively control the restriction of individual rights. The law must provide guarantees of judicialprotection by individuals whose rights are violated by acts, omissions and decision of state bodies and officials without delay and withina reasonable period. The principle of respect for the dignity of an individual while prohibiting the use of person as a tool to achieve theobjectives of the state, does not allow restricting the rights so that nothing of their legal content is left. Preserving of the essential contentof the right is the criterion for the permissibility of restrictions of individual rights. The essence of the content of the right can bedistorted due to its specificity, by the establishment of the order of realization, as well as by the absence of effective guarantees of legalprotection. The criterion for the admissibility of restrictions of human rights is their validity. This requirement implies an assessment ofthe importance of reasons and goals for the protection of which the restrictions of fundamental rights are established. Restrictionsimposed due to official or departmental interests contradict the criterion of reasonableness. The rationale for the lawfulness of therestrictions is a guarantee of non-arbitrariness of officials, as well as a person, and protection of individual rights. Proportionality is aparticular manifestation of general requirement of reasonableness and admissibility of a legal restriction. The proportionality of arestriction stems from the very nature of fundamental rights, which represent a measure of freedom, requiring only such restrictions thatare necessary for the protection of public interests.

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