The law of Spring in terms of the constitution. Why can

Hi,% habrauser% is a test note, in order to find out how interesting this topic is to the respected community.

And so, probably, many wondered why article 23 of the Constitution of the Russian Federation gives us, among other things, the right to

the secret of correspondence, telephone conversations, postal, telegraph and other communications.

and promises that the restriction of this right is possible only through the court, while the law of Spring (in fact, a package of two laws) in fact limits us in this right.

Well, let's start from afar, but not quite. The Constitution of the Russian Federation was adopted on December 12, 1993 and entered into force on December 25 of the same year. The main law of the Russian Federation was developed for at least three years and was conceived back in the RSFSR. As a result, the Constitution was adopted and so far did not have particularly many edits.

But let's move on to our sheep. Let me begin by declaring (despite my deep hostility) that the law of Spring is fully constitutional (that is, it does not contradict the Constitution) until the Constitutional Court decides to the contrary. I explain - a backdoor was laid in the Constitution - article 55, paragraph 3 which states that

Human and citizen rights and freedoms may be limited by federal law only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the defense of the country and the security of the state.

Thus, it turns out that all rights and freedoms guaranteed by the Constitution can be canceled by any, for example, anti-terrorism law.
')
In jurisprudence, there are principles of proportionality and proportionality, if we explain it quite crudely and on the example under consideration, this means that we should not be restricted in our rights more than we added protection. However, it is only the Constitutional Court of the Russian Federation that can comply with the law of Spring and only when there is a complaint about the application of the package of these laws in a real case.
There you have it, comrades.

If you are interested in this topic, then I am waiting for proposals in the comments on what laws of the Russian Federation to consider in the following posts, but I can not promise that they will;)

UPD:

I remind you that the post is an introductory connotation and does not pretend to a complete analysis of the situation.
Remarkable comments from habrauzerov ZNY altone M_AJ
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