Milchakov, O. V. Antismoking Law and Constitutional Civil Rights

Abstract: By studying the case of restriction of rights and freedoms of smoking citizens, the author of the present article analyzes whether it is permissible for the state to restrict constitutional rights and freedoms for the sake of achieving their goal to protect rights and freedoms of other citizens and common interests in general. Based on the analysis of foreign legislation and practice of constitutional courts in the countries of former Yugoslavia (Macedonia, Slovenia and Croatia), the author of the article describes the main criteria for restricting rights and freedoms and performs evaluation of their constitutionality including: legitimacy of the purpose of such restriction, necessity of such restriction and proportionality. In his research the author mostly uses the technical legal method and combines it with the method of comparative analysis. Special attention is paid to the so called ‘strict test of proportionality’ used by the Constitutional Court of Slovenia to defi ne the level of admissibility of restriction of the constitutional rights and freedoms. At the end of the article the author conclude that the constitutional justice authorities in these countries try to maintain an adequate balance between the rights and freedoms of individuals and legal rights and freedoms and common interests without absolutizing any of them.

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