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The article analyzes scientific opinions on the absolute nature of the fundamental rights and freedoms of human and citizen. The result of the analysis is the conclusion that the basis for distinguishing the constitutional rights and freedoms of human and citizen from absolute and relative rights and freedoms is the legal possibility of restricting them. The norms of the Constitution of the Russian Federation and federal constitutional and federal laws governing restrictions on human and civil rights and freedoms in a state of emergency, martial law, and counter-terrorism operation are being investigated. As a result, constitutional personal rights and freedoms of a person and a citizen with signs of an absolute nature are determined. The right to free economic activity (part 1 of article 34) and the right to housing (part 1 of article 40) of the Constitution of the Russian Federation are economic and may be limited in exceptional cases.
Lyudmila N. Vakhrameeva (Thu,) studied this question.