Constitutional status of an individual in the context of coronavirus pandemic: vectors of transformation in Russia

Abstract

The subject of research is the scientific understanding of the ways, manifestations and trends in the transformation of the constitutional status of an individual in the context of the spread of coronavirus infection.The purpose of the research is to confirm or disprove the scientific hypothesis that the COVID-19 pandemic impacts negatively on the content and implementation of the constitutional status of an individual in Russia.The methodology. General scientific methods, especially dialectical ones, made it possible to study the conditions and process of evolution of the constitutional status of an individual in the context of confronting coronavirus infection. With the help of a synergistic method the analysis of cross-sectoral communication of national constitutional law and international legal regulation is carried out. The systemic-structural method was used in the study of intrasystemic changes in the constitutional status of an individual. A study of normative legal sources was made using the formal legal method.The main results, scope of application. The constitutional status of an individual is undergoing a clear transformation in four directions, each of which has received a separate consideration in the work. Basically, the transformation concerned such an element of the constitutional status as "rights". For the most part, these changes have a negative character for an individual, that is, they worsen his constitutional and legal situation in comparison with the "pre-pandemic" period, but they will remain in one way or another until the sanitary and epidemiological situation normalizes. It is noteworthy that the same element of the constitutional status, including the same right, can experience several variants of transformation, but with a difference in time, content, territory of action or circle of persons. For example, the development of the right to freedom of movement on the territory of the Russian Federation is accompanied by both its restriction and suspension of implementation in general, and the right to entrepreneurial activity is accompanied by an additional opportunity for business representatives to receive compensation for forced losses. The pandemic has demonstrated the permissibility and even a certain expediency of transforming the constitutional status of a person and a citizen not only by federal laws (which follows from Part 3 of Article 55 of Russian Constitution), but also by-laws and regulations, not only at the federal, but also at the regional level. This possibility is due to references in federal legislation. It should be recognized that over the past year, for the first time, we have witnessed the active regulation of the constitutional status of a person and a citizen by the subordinate normative acts of the constituent entities of the Russian Federation, which indicates their confident incorporation into the number of sources of its legal regulation.Conclusions. The vectors of transformation of constitutional status of an individual due to COVID-19 pandemic were: (a) the restriction of some basic rights, (b) the suspension of the implementation of a number of basic rights, (c) the substantive clarification and addition of certain rights and mechanisms for their implementation, (d) imposition of additional responsibilities.