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Title

The implementation of the constitutional rights of citizens in natural and man-made emergency situations

Authors

Kalina Elena Semenovna, Cand. Sc. Law, associated professor of the Department of Constitutional and Administrative Law of the South Ural State University, Chelyabinsk, Russia. 454080, Chelyabinsk, Kommuny Str., 149, Office 204. E-mail:elkalina@rambler.ru

Section

Constitutional and legal status of the individual

Issue

4/2013

Page

96-100

index UDC

342.7 + 614.8.06:342.7

index LBC

Х400.34 + Ц902

Abstract

The article reveals the fundamental difference between the law that regulates natural and man-made emergency situations and the emergency legislation. Forced actual limitations of free realization of individual rights inevitable in emergency recoveries are usually not associated with the presence of any antagonism in the «state — society — a person» system. It is shown that the implementation of the rights and freedoms of citizens in an emergency situation not only does not exclude the use of state coercion but also suggests it from the government bodies involved in emergency recoveries where the operation of objective factors of the emergency impede the citizens’ independent realization of their rights.

Keywords

the subsistence right, the right of personal security, the state of war, the state of emergency, natural and man-made emergency situations, state coercion.

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