Part III

The constitutional principle of proportionality allows the constitutional judge to examine not only the legal aspects but also the factual aspects of a case. Respect for the principle of proportionality in the broad sense entails a successive review of the feasibility of achieving the intended objective through the use of the chosen means, the existence of any alternative means that are less restrictive of fundamental rights, as well as the balance (proportionality in the narrow sense) between the public and private interests at stake. This article analyzes the foundations of the principle of proportionality in Russian law (1), its substantive elements (2), and the limits of its application by the Constitutional Court of the Russian Federation (3).

Keywords: principle of proportionality, sources, elements, limits, Constitutional Court of the Russian Federation