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Pozharova L.A., Kosolapova N.A. The State and Human Rights: The Problems of Restrictions in the Pandemic

DOI: https://doi.org/10.15688/lc.jvolsu.2020.3.5

Lyubov A. Pozharova, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Theory and History of State and Law, Belgorod State National Research University, Pobedy St, 85, 308015 Belgorod, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-5704-9807

Natalia A. Kosolapova, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Theory and History of State and Law, Belgorod State National Research University, Pobedy St, 85, 308015 Belgorod, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-3753-9387


Introduction: in the context of modern life related to the fight against the COVID-19 pandemic, human rights and their implementation whose main goal is the existence of important social, economic and political relations are forced to be limited by the state. In this regard, the authors of the paper aim to analyze the problems that arise when the state interferes with the private sphere, and suggest the solutions that can serve as the additional guarantees of the full exercise of their rights by citizens. Methods: when writing the paper, the provisions of dialectical materialism and such methods as deduction and induction, analysis and synthesis, system, logical and other general scientific methods were used. Results: as a result of the analysis of the prevailing political and environmental conditions, it is possible to state that in an emergency situation, people often mistakenly perceive measures coming from the state as restrictions on their rights, which causes them to feel insecure and vulnerable. This may exacerbate a pre-existing sense of discrimination and inequality among certain social groups that require special economic and social support from the state. The research focuses on the problem of creating the necessary conditions for the state to ensure that individuals exercise and protect their rights without putting their lives and health at risk. The authors also consider the aspects related to citizens’ access to participation in solving socially significant issues of public administration. Conclusions: as a result of the research, the main problems that arise from the state’s restricting the rights in the pandemic are considered, as well as possible solutions that allow the state to effectively ensure stability in society, guaranteeing the implementation of basic human and civil rights and freedoms, and creating equal and stable social relations.

Key words: human and civil rights and freedoms, state, restriction of rights, legal restriction of rights and freedoms, security.

Citation. Pozharova L.A., Kosolapova N.A. The State and Human Rights: The Problems of Restrictions in the Pandemic. Legal Concept, 2020, vol. 19, no. 3, pp. 41-46. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2020.3.5

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