Special Economic Measures as a Form of Restriction of Freedom of Economic Activity in the Russian Federation

Специальные экономические меры как форма ограничения свободы экономической деятельности в Российской Федерации

Degtyarev, M. A. (Дегтярев, М. А.) ()
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Degtyarev, M. A. (Дегтярев, М. А.): National Research University Higher School of Economics

Theoretical and applied law, 2024, issue 4, 128-139

Abstract: The article considers the institute of special economic measures as a specific form of restriction of freedom of economic activity in Russia. The article characterizes the essence of special economic measures, defines their individual varieties that have the greatest impact on the realization of the constitutional principle of freedom of economic activity under sanctions. The author analyzes the normative-legal regulation of special economic measures, as well as the peculiarities of the functioning of certain types of special economic measures introduced and applied in the conditions of foreign economic restrictions. In the conditions of sanctions legal regime, which is extraordinary, restrictions on the freedom of economic activity of certain categories of economic entities can be significantly expanded, and the limits of state intervention in the implementation of this constitutional principle are narrowed. It seems reasonable in accordance with a number of principles of the institution of special economic measures. The measures include general principles of restriction of rights - the principle of compliance of the restriction with constitutional purposes (ensuring the defense and security of the state, protection of life and health of citizens, etc.), the principle of reasonableness of the restriction (application of the restriction in order to organize the functioning of the economic system of the Russian Federation), the principles of legality, urgency, proportionality of the restrictions imposed on existing threats. At the same time, the author admits the necessity to improve the Russian legislation on special economic measures (including in terms of specifying the grounds, mechanisms and guarantees of their application to economic entities).

Keywords: special economic measures; sanctions; freedom of economic activity; restrictions on rights and freedoms (search for similar items in EconPapers)
Date: 2024
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