On the issue of the mechanism of emergency legal regulation and its main elements (on the example of legal regimes of high readiness and emergency situations)
https://doi.org/10.28995/2073-6304-2024-2-147-164
Abstract
The article deals with a comparative analysis of the provisions of the current emergency legislation, which stipulates the procedure for the establishment and implementation of extraordinary (special) legal regimes. It studies the acts of federal legislation regulating the legal regimes of military, state of emergency, emergency situations, counteraction to terrorism and extremist activities, as well as regional legislation on natural and man–made emergencies (a total of 93 normative acts). It also notes that the legislator (especially the regional one) approaches the issue of normative and legal consolidation of the subject of regulation in different ways, the definition and differentiation of the grounds for the introduction of extraordinary (special) legal regimes, the powers of public administration bodies and their officials who ensure the implementation of such regimes. For example, the legislation on the public protection from natural and man-made emergencies, countering terrorism and extremist activities does not provide grounds for the introduction of appropriate regimes.
The author reveals a discrepancy between the normative content of the legislative acts of the subjects of the Russian Federation in terms of securing the extraordinary powers of the public administration. In order to eliminate uncertainties in the issues of correlation between the objects of legal regulation and the grounds for the introduction of extraordinary (special) administrative and legal regimes, a proposal is substantiated on the need to formulate blank legal norms defining the grounds for the introduction of extraordinary (special) legal regimes and aimed at ensuring their implementation. Based on the results of the study, a conclusion is made that it is necessary to bring into line the content of regulatory legal acts of the subjects of the Russian Federation, which give public administration bodies and their officials extraordinary powers in the field of protecting the population and territories from emergency situations. Possible directions for improving legislation in the sphere are described
About the Author
D. M. LifanovRussian Federation
Dmitrii M. Lifanov
bld. 21, Komsomolskaya Street, Yekaterinburg, 620137
References
1. Alekseev, S.S. (1989), Obshchie dozvoleniya i obshchie zaprety v sovetskom prave [General permits and general prohibitions in Soviet law], Yurid. lit., Moscow, Russia.
2. Chertkov, A.N. (2011), “Constitutional and legal means of ensuring the territorial integrity and inviolability of the territory of the Russian Federation”, Rossiiskaya yustitsiya, no. 4, pp. 7–10.
3. Karpukhin, Yu.G. (2008), “Army, law enforcement agencies and religious security”, RSUH/RGGU Bulletin. “Economics. Management. Law” Series, no. 5, pp. 121–130.
4. Nekrasov, S.I. (2017), “Extraterritorial competence in the territorial organization of public authorities”, Lex Russica, no. 1 (122), pp. 140–152.
5. Nozdrachev, A.F. (2017), “Modern contents of the theory of ‘Administrative and legal regime’”, Journal of Russian Law, no. 2 (242), pp. 98–110.
6. Pavlovskaya, E.Yu. and Syryanaya, A.V. (2017), “Organization of sanitary-hygienic and anti-epidemic measures among the population in wartime”, Bulletin of Medical Internet Conferences, no. 6, p. 1139.
7. Petrukhin, I.L. (1993), “Legal regime in conditions of social disaster”, State and Law, no. 2, pp. 46–50.
8. Petryanina, O.A. (2016), “A state of emergency as a special legal regime of the protection of the rights and freedoms of a man and a citizen in the Russian Federation”, Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, no. 4 (36), pp. 135–138.
9. Podmarev, A.A. (2018), “Restriction of human and civil rights and freedoms in a state of emergency in the Russian Federation: constitutional foundations and legislative regulation”, Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia, no. 1 (77). pp. 50–54.
10. Saklakov, P.N. (1997), Administrativno-pravovye rezhimy, ispol’zuemye v interesakh zashchity i okhrany gosudarstvennoi granitsy [Administrative and legal regimes used in the interests of protecting and guarding the State border], Moscow, Russia.
11. Starostin, S.A. (2000), Management of internal affairs bodies in emergency situations (legal and organizational aspects), Abstract of D. Sc. dissertation, Moscow, Russia.
12. Starostin, S.A. (2022), Chrezvychainye administrativno-pravovye rezhimy: monografiya [Emergency administrative and legal regimes. Monography], Prospekt, Moscow, Russia.
13. Saulyak, O.P. (2020), “Legal norms containing evaluative concepts: theoretical and practical problems of application”, The Academic Journal of Moscow City University. “Legal Sciences” series, no. 4 (40), pp. 39–45.
14. Trifonov, G.S. (2023), “Municipal link of the regional system of prevention and liquidation of emergency situations”, Grazhdanskaya oborona i zashchita ot chrezvychainykh situatsii v uchrezhdeniyakh, organizatsiyakh i na predpriyatiyakh, no. 1, pp. 12–17.
15. Zyryanov, S.M. (2016), “Extraordinary (special) administrative and legal regimes. The concept and justification of the need for introduction”, Journal of Russian Law, no. 4 (232), pp. 72–81.
Review
For citations:
Lifanov D.M. On the issue of the mechanism of emergency legal regulation and its main elements (on the example of legal regimes of high readiness and emergency situations). RSUH/RGGU BULLETIN. Series Economics. Management. Law. 2024;(2):147-164. (In Russ.) https://doi.org/10.28995/2073-6304-2024-2-147-164