Право на дерогацию

Abstract

The article systematically outlines possible conventional and other normative cases and conditions for the application of derogatory measures provided for by the main international human rights treaties and the Constitution of the Russian Federation. The author notes that international human rights treaties allow States parties to introduce, under certain conditions, legal norms restricting the application of certain rights, as well as in the event of emergency circumstances on their territory, to deviate from fulfilling their international obligations to protect human rights and fundamental freedoms and suspend their national legislation in this area. Derogatory measures are taken only to the extent necessary for the State in the interests of its security, but they should not contradict obligations arising from general international law. The article states that for the modern development of Russia, the interpretation of the norms of international law on derogation, the grounds used in it and the limits of limitation of rights are of great legal and practical importance. In the event of a state of emergency in a country or in some of its regions, the protection of human rights, albeit with some exceptions dictated by special circumstances, is still among the international obligations of the State.