Constitutional and legal bases of restriction of freedom of creativity: Goals and limits

Introduction. The diversity and transformation of relations in the sphere of the realization of the right to creative activity determine the formation of a complex mechanism of legal regulation, the elements of which should be legal restrictions. Theoretical analysis. Restrictions on the freedom of creativity are quite numerous and can be of an ethical, moral and legal nature. The ground for legal restrictions on freedom of creativity is the need to protect constitutional values, and, therefore, they are imperative and obligatory in the implementation of any creative activity. The scope and limits of legal restrictions on the freedom of creativity are not the same and depend on the stage of creative activity. A set of restrictions on the freedom of creativity is necessary when the result of creative activity – the work – becomes available for public viewing and can be perceived very ambiguously. Empirical analysis. The results of creative activity – works, as well as their creative interpretation, should not violate the rights of third parties, should not create a threat to the constitutional order, morality, health and other constitutional values, which indicates the need to limit the freedom of creativity for strictly defined purposes (part 3 of Art. 55 of the Constitution of the Russian Federation).  The main problem of determining the volume and limits of restrictions on the freedom of creativity is connected, firstly, with the lack of a fixed list of types of creativity, and secondly, with the variety of forms of creative activity and their constant increase. Results. The creative process does not need to be regulated, moreover, it is impossible to “drive” it into a legal framework and limit the author’s creative perception of the surrounding world. However, if its result – a work – is intended to be demonstrated to the public, its content, form, interpretation may affect the rights and interests of other persons (consumers of creativity), therefore, general constitutional restrictions on human rights are also applicable to freedom of creativity. This legal dilemma is a particular manifestation of the fundamental problem of achieving a balance between private and public and should be resolved on the basis of not their opposition, but their reasonable correlation and proportionality.

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