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Limitations of Constitutional Rights under the Preventive State Doctrine: Theoretical and Practical Aspects

Student: Averyanova Ekaterina

Supervisor: Tatiana M. Khramova

Faculty: Faculty of Law

Educational Programme: Public Law (Master)

Year of Graduation: 2021

The rapid growth in the number and scale of various risks in the modern world has become one of the side effects of globalization and scientific progress. Many people believe that safety is more important than other rights and freedoms, calling on the public authorities to constantly elaborate and apply new measures for maintaining peace and social stability. Governments have increasingly begun to assess their safety function through preemptive action by identifying and neutralizing potentially dangerous individuals. They focus on preventing vague and uncertain risks, which have not yet emerged. This policy has given rise to the doctrinal concept of the «preventive state», which represents the application of the various preventive measures to the entire population, not only to «suspicious» individuals who may have nothing to do with criminals. The aim of the final qualifying work (master's thesis) is to analyze the constitutional and legal aspect of the preventive state doctrine and identify the main features, problems and prospects of its application, as well as to consider how the legislative and judicial approaches applied within the framework of this doctrine ensure a proper balance between private and public interests. The thesis consists of introduction, two chapters, conclusion and bibliography. The first chapter formulates the features of this concept, the legal problems connected with it, and theoretical approaches to their solution. The second chapter has a more practical nature and devoted to the study of international legal approaches and judicial practice on the restriction of certain constitutional rights within the framework of the preventive state doctrine, namely right to liberty and security, right to respect for private and family life, freedom of assembly and association. On the basis of the analysis, the author concludes that any preventive measures introduced by the state in the absence of an emergency situation require careful examination under the proportionality framework. The final qualifying work is presented on 66 pages. The thesis used 82 sources: documents of international organizations, including the United Nations, the European Commission for Democracy through Law (Venice Commission) and the OCSE Office for Democratic Institutions and Human Rights (ODIHR), normative regulations of the Russian Federation, legal positions and decisions in cases considered by national and international courts, statistical information and results of sociological research.

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