FEATURES OF RESTRICTION OF HUMAN AND CIVIL RIGHTS AND FREEDOMS IN THE LEGISLATION OF FOREIGN COUNTRIES

The article examines some features of the restriction of human and civil rights and freedoms in the legislation of foreign countries. The legislation of individual European countries, which contains certain provisions on the restriction of human and civil rights and freedoms, is subject to analysis. In addition, the article draws attention to the existence of different approaches to determining ways to enshrine restrictions on fundamental rights and freedoms or the division of constitutional norms governing the restriction of human and civil rights and freedoms into certain categories. Based on the analysis, it is concluded that in the first half of XX century. restrictions on rights and freedoms were due to the need to protect state sovereignty, territorial integrity and political independence of states. The development of modern information technologies, achievements in the field of medical science, including the possibility of cloning and diversification of methods of obtaining information have necessitated the consistent restriction of human and civil rights and freedoms to protect both individual and social rights. Today, the need for reasonable restriction of human and civil rights and freedoms is a guarantee of full coexistence of the individual, society and the state. At the same time, it is emphasized that restrictions play a significant role in determining a person's freedom. After all, by restricting a person's freedom within certain limits, the law ensures the unimpeded and peaceful enjoyment of rights, ie guarantees his freedom within these limits. At the same time, the settlement of restrictions exclusively by law should protect a person from the arbitrariness of the executive branch. This guarantee is relevant only in a democratic state, where the principle of separation of powers and the system of checks and balances is implemented.