STATE SUPPORT OF CONSTITUTIONAL RIGHTS AND FREEDOMS OF CITIZENS DURING THE QUARANTINE PERIOD
DOI:
https://doi.org/10.52026/1994-408X_2020_63_5_213Keywords:
The Constitution of the Republic of Kazakhstan, state of emergency, emergency, human rights and freedoms, pandemicAbstract
This article analyzes the norms of law governing the introduction of legal regimes that allow certain restrictions on the constitutional rights and freedoms of citizens of the Republic of Kazakhstan, the rights of legal entities in the implementation of measures to combat epidemics and eliminate their consequences. The relationship between ensuring constitutional human rights and freedom with ensuring the safety of citizens and protecting the constitutional order of the Republic of Kazakhstan is investigated.
The article notes that today different concepts are used: «emergency», «state of emergency», «high alert», «quarantine», «self-isolation» - and very often these concepts are not differentiated. The author believes that it is necessary to define what these terms mean and what are the consequences.
At the same time, within the framework of the article and on the basis of an analysis of the existing normative legal acts, a comparative legal study of the concepts of «self-isolation (self-isolation regime)» and «quarantine» was carried out, which we managed to compare, revealing their similarities and differences, and define them as single-order legal concepts.
The article attempts to reveal the features of the discussion about the grounds and limits of limiting constitutional rights and freedoms of man and citizen, based on an analysis of the opinions of lawyers, economists, officials and authors, formulating their own point of view on the issue under consideration.