Restriction of Constitutional Rights and Freedoms for the Sake of Protection of Morality and Health: Theoretical and Practical Aspects of Russian Legislation

Introduction. According to the Constitution of the Russian Federation (Article 55, Part 3), the state is entitled to interfere in the process of exercising rights and freedoms strictly for the sake of protection of an individual, society, or the constitutional order. However, reference to protection of health or morality must not become a universal ground for any prohibition. Otherwise, this legal norm loses its protective implication and turns into a tool of arbitrary administrative or judicial discretion due to the excessively broad interpretation of the grounds. Taking into account the abovementioned problem, the article aims to analyse the theoretical and practical aspects of restricting the constitutional rights and freedoms aimed at protection of health and morality, as well as to formulate proposals on improving the respective legislation in the frame of the Constitution of the Russian Federation.

Materials and Methods. The study is based on the Constitution of the Russian Federation, respective health and morality protection laws, and judgements of the Constitutional Court of the Russian Federation. Using general scientific (analysis, synthesis) and specific legal methods (dogmatic-legal analysis, legal modeling), the study elucidates the nature of rights’ restriction in compliance with Article 55, Part 3 of the Constitution of the Russian Federation and formulates proposals on improving the legislation referred to the protection of traditional values.

Results. It has been acknowledged that, unlike threats to health, which can be objectively assessed based on sanitary and medical parameters, identification of the threats to morality is obstructed and is often based on subjective evaluation criteria. Therefore, a legislator has to define the prohibitions with maximum precision to avoid the arbitrary restriction of the rights. Regulation should be performed based on the official list of spiritual and moral values enshrined in the Executive Order of the President of the Russian Federation No. 809 of November 9, 2022, and strictly correlated with the constitutional guarantees. Law enforcement practices of the Constitutional Court of the Russian Federation ascertain the requirement to any health- or morality-protection restriction to be strictly necessary, proportionate to the actual threat, non-discriminatory, and non-undermining the very essence of the right being restricted.

Discussion and Conclusion. Vague legal definition of health and morality notions creates the risk of excessive restriction of constitutional rights on the grounds of protection of the public interests. To prevent the abuse, it is important not only to correctly interpret the essence of traditional values but also to clearly define the criteria and restrictions for their legal protection. Rigorous judicial supervision based on the detailed justification of the necessity and proportionality of every restrictive measure can become an ultimate guarantee against the arbitrary actions.

1. Vaschenko BM. Constitutional and Legal Basis for Restricting Human and Civil Rights and Freedoms in the Russian Federation. Sudebnaya ehkspertiza i issledovaniya (Forensic science and research). 2025;(4):51–56. (In Russ.)

2. Boulychev EN. The Principle of Admittance of Necessary Human Rights Restrictions and the Constitution of Russian Federation. The Rule of Law State: Theory and Practice. 2015;(1(39)):84–88. (In Russ.)

3. Shuvalova MA. The Need to Limit Freedom of Speech and the Right of Access to the Internet with the Aim of Protecting Morals and the Mental Health of Minors. Uchenye zapiski yuridicheskogo fakul'teta (Scientific Notes of the Faculty of Law). 2021;(1):43–46. (In Russ.)

4. Trifonova DG. Restriction of Human Rights and Freedoms in Order to Protect Morality (Part 3 of Article 55 of the Constitution of the Russian Federation). Law and State: Theory and Practice. 2017;(3(147)):70–73. (In Russ.)

5. Leimer NN. Restriction of Civil Rights for the Purpose of Protecting Morality. Enigma. 2021;(32):44–47. (In Russ.)

6. Chulisova YuA. Constitutional and Legal Bases of Restriction of Freedom of Creativity: Goals and Limits. Izvestiya of Saratov University. Economics. Management. Law. 2023;23(3):349–357. (In Russ.) https://doi.org/10.18500/1994-2540-2023-23-3-349-357

7. Baranov VM. State Protection of Morality as a Goal of Legal Restriction (Doctrine, Practice, Technique). Yuridicheskaya tekhnika (Legal Technology). 2018;(12):56–73. (In Russ.)

8. Markheim MV, Lukyanova IYu. Human Rights Principles in the Constitutional Restriction of Individual Rights and Freedoms in Russia. Lobbying in the Legislative Process. 2024;3(3):16–21. (In Russ.) https://doi.org/10.33693/2782-7372-2024-3-3-16-21

9. Aliyeva ZI, Eminova M. Restriction of Fundamental Human and Civil Rights and Freedoms in the Russian Federation. Eurasian Law Journal. 2022;(1(164)):445–447. (In Russ.)