Criteria for limiting the right to personal freedom in the measures of criminal legal nature

Abstract

The article is devoted to defining the limits of state influence on personal freedom. Personal freedom and theoretical models of restrictions on the right to personal freedom of man are analyzed. Measures restricting the rights to personal freedom of person are distinguished. It is determined that coercive measures of a medical nature are the most stringent among the measures restricting personal freedom, since they also allow the actual physical restriction of the right to personal freedom. The importance of the case-law of the European Court of Human Rights is emphasized and it is stated that international legal acts establish a certain framework for restricting the rights to individual human freedom. The three-part test developed by the European Court of Human Rights is being developed, which has identified three elements of human rights restriction: legality (legality), validity and necessity of restriction of human rights and freedoms in a democratic society (proportionality). Within these elements it is proposed to distinguish the criteria of the limits of influence on personal freedom of man, namely: within the limits of legality it is proposed to consider the urgency, within the justification – the extreme, in the framework of the need to restrict human rights and freedoms – the proportionality (proportionality) of such restrictions. Therefore, these three criteria must be met by the restriction of the right to personal freedom of person when deciding on the issue of proportionality and maximum admissibility.