Theoretical and legal aspect of restriction of human rights in the conditions of special legal regimes

The article examines human rights, which may be limited in the context of special legal regimes, which is relevant in modern conditions, based on the existence of emergencies or the possibility of their existence in many countries. The purpose of the work is to clarify the theoretical and legal features of the human right to work, which are subject to restrictions in the fight against the spread of COVID-19, highlight the typical violations by public authorities and local governments in applying certain restrictions. To achieve this goal, the work uses a system of methods of scientific knowledge, including general, private, and special legal. The practical value of the study is to highlight the grounds and conditions for restricting the right to work in the absence of mandatory vaccination of certain professions. Thus, the outbreak of the pandemic caused significant shocks in the labor market, consisting of job loss and earnings, the need for additional home schooling, the inability to maintain social contacts. All this increases the feeling of uncertainty of workers about the epidemiological and clinical aspects of the pandemic, the onset of its economic and social consequences. It is concluded that the selectivity of compulsory vaccination of only some workers can be justified from the standpoint of de facto equality – the requirement that individuals after the distribution procedure should be in the same conditions. Such selectivity is justified from the standpoint of law by social differences arising from their position in society as representatives of a particular professional community and group, depending on social status, individual characteristics that are important in determining
the essence of human rights and freedoms. This is due to the fact that people are not equal in education, occupation and profession, and in some cases the performance of professional duties is associated with the impossibility of: 1) termination of the social function of the individual; 2) the impossibility of restricting social communication in the performance of professional duties.

Doi: 10.31359/jnalsu.29(2).2022.105-118