REFLECTION OF THE PRINCIPLE OF PROPORTIONALITY IN LEGAL REGIMES AS A MEANS OF BALANCING PUBLIC AND PRIVATE INTERESTS
Authors:
1.
Moskovskiy universitet MVD Rossii imeni V.Ya. Kikotya
Type:
Article
Pages:
from 13
to 17
Status:
Published
Received:
23.06.2025
Accepted:
05.07.2025
Published:
05.07.2025
Subject area:
VAK Russia 5.1.1
UDC 34
UDC 34
Language:
Russian
Keywords:
the principle of proportionality, proportionality, general legal principles, industry principles, legal values
Abstract (English):
When introducing legal regimes of various types and in the process of their operation, when es-tablishing the need to make management decisions and procedural actions, a pragmatic approach is manifested. Different kinds of legal instruments used in regimes should not be used in the course of unreasonable discretion. Consideration of legal principles, including the principle of proportionality as a means of increasing the effectiveness of law, ensuring a balance of public and private interests, confirms their systemic nature in law as a whole. The purpose of the study is to establish the meaning of the principle of proportionality when using restrictive and stimulating means in the mechanism of operation of the legal regime, the inadmissibility of violation and diminution of rights and freedoms, an assessment of the degree of necessity of the introduced restrictions on rights reflecting private interests and ensuring values that are a manifestation of public principles in law. When writing the article, general scientific (analysis, synthesis, deduction, induction) and private scientific research methods were used. The article focuses on the insufficiency of the study of restrictions on rights and freedoms carried out in the mechanisms of special and exclusive legal regimes and legal structures, means, principles ensuring a balance of interests, rights and values when they are introduced. The author used provisions related to the restriction of rights and legal principles.
When introducing legal regimes of various types and in the process of their operation, when es-tablishing the need to make management decisions and procedural actions, a pragmatic approach is manifested. Different kinds of legal instruments used in regimes should not be used in the course of unreasonable discretion. Consideration of legal principles, including the principle of proportionality as a means of increasing the effectiveness of law, ensuring a balance of public and private interests, confirms their systemic nature in law as a whole. The purpose of the study is to establish the meaning of the principle of proportionality when using restrictive and stimulating means in the mechanism of operation of the legal regime, the inadmissibility of violation and diminution of rights and freedoms, an assessment of the degree of necessity of the introduced restrictions on rights reflecting private interests and ensuring values that are a manifestation of public principles in law. When writing the article, general scientific (analysis, synthesis, deduction, induction) and private scientific research methods were used. The article focuses on the insufficiency of the study of restrictions on rights and freedoms carried out in the mechanisms of special and exclusive legal regimes and legal structures, means, principles ensuring a balance of interests, rights and values when they are introduced. The author used provisions related to the restriction of rights and legal principles.
Keywords:
the principle of proportionality, proportionality, general legal principles, industry principles, legal values
the principle of proportionality, proportionality, general legal principles, industry principles, legal values
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2. Gadzhiev G. A. O principe proporcional'nosti i konstitucionnoy kassacii // Sud'ya. – 2019. – № 7.
