ОКРЕМІ ПИТАННЯ ЩОДО КРИТЕРІЇВ ПРАВОМІРНОГО ОБМЕЖЕННЯ ПРИНЦИПУ СВОБОДИ.

The article is devoted to the study of the content and peculiarities of implementation of the principles and criteria for limiting human freedoms. The author concludes that the principle of freedom should be studied through the following aspects: axiological, theoretical and practical. The first one involves maximum absolutisation of the principle of freedom for its further deployment in social relations. The theoretical dimension involves the study of the specifics of the content, types, features, and nature of freedom as a legal principle, which allows for a better understanding of it and its more harmonious implementation in legal relations. The practical dimension involves studying the problems of implementing the principle of freedom, the degree of its presence in various branches of law, and the specifics of its restrictions. The article notes that the principle of proportionality means that restriction of freedom can only be a means, not an aim, freedom is always the highest value for law and its restrictions as the ultimate goal are inadmissible, but only as a regulatory means to ensure rights and freedoms, national security, healthcare, public order, etc. The principle of public welfare as a criterion for restricting freedom is more complicated, since there are two doctrines: classical liberalism, which puts freedom above all else and limits state intervention, and social liberalism, which insists on the welfare of all and therefore more active state intervention in the economic life of society. The author concludes that restrictions on freedom must be in the general public interest in the economic, social and political spheres. The author notes that limitation of the principle of freedom is a reduction of its scope, but not a restriction of its content. By restricting freedom, its content remains unchanged, otherwise it will lose its legal value. The article provides the author’s definition of restriction of the principle of freedom as a lawful interference by the State with the capabilities of a person, which is expressed in setting limits for a possible model of behaviour in a certain territory, individually or for certain groups of persons. The author emphasises that one of the key problems with the implementation of measures restricting human freedom is excessiveness. An important public interest allows for the restriction of freedom to achieve it, but other interests and values may suffer. The principles of minimum possible restriction and priority social value should apply here. [ABSTRACT FROM AUTHOR]