Pragmatism of the Proportionality Method in Legal Argumentation in the Contact of Interests

In jurisprudence (national and international), various relevant mechanisms and methods have been developed, in particular in matters of human rights, proportionality (proportionality) is used to determine the admissibility of restricting human rights. Today, the principle of proportionality answers a significant number of law enforcement questions about these restrictions, however, there is no single methodology for the mechanism for its implementation for various reasons, and the presence of different methods for applying proportionality leaves room for criticism. The article discusses a number of approaches to proportionality, including: an institutional and material approach, a value approach that recognizes the weighting of interests, an actual approach that allows you to visually assess the justification, in particular, of restrictions on rights from the standpoint of benefits and costs, a method for determining the proportionality of interests through categorization, based on that harmonization occurs by defining the boundaries of the rights through which they are implemented. A variety of approaches and methods suggests that today it is necessary to study these approaches to proportionality from the standpoint of the methodology of pragmatism in legal argumentation in the confrontation of interests. The study concludes that the proportionality test is the best tool for pragmatization, translating values as rather abstract phenomena into facts.