The balance between constitutional values, rights and legitimate interests as a criterion of constitutionality of restrictions on the freedom of labour

Abstract

The freedom of labour, as a principle which guarantees the right of the citizens to choose their occupation and profession, is fundamental for establishing legal regulation of social relationship in the relevant area. The legislator is obliged to ensure genuine and effective realization of this freedom for citizens, based on equality and prevention of discrimination. At the same time, the freedom of labour is not absolute, since in some spheres it comes across rights and legitimate interests of other individuals as well as public interests, and it inevitably leads to rivalry between rights and freedoms of various parties as well as values protected by the constitution. The mechanism for legal regulation of the relationship emerging while realizing the freedom of labour, which constitutes a combination, inter alia, of law-making and law enforcement, is intended to ensure that rights and legitimate interests of all the participants in this relationship are taken into account. The guidance for efficient accommodation of rights and legitimate interests of parties (private as well as public ones) in the sphere of labour is given by the Constitution of the Russian Federation which envisages a possibility for restricting constitutional rights and freedoms in general as well as criteria for such restrictions. The federal lawmaker is to strive for such accommodation, and the mechanism of constitutional justice is intended to promote this approach. Therefore, legal regulation of the relationship in this area should respect the balance between constitutional values, rights and legitimate interests, private as well as public ones, and it should be acknowledged as a separate constitutional value which is intended to be a criterion for constitutionality of restrictions on the freedom of labour.