Information about the article
Title of the article |
Extraordinary Situation: Concept, Legal Regime, Regulation Features |
Authors |
Vladislav G. Romanovsky — Associate Professor, Department of Criminal Law, Institute of Law, Penza State University, Candidate of Law, 40 Krasnaya Street, Penza, 440026, Russia, vup406@mail.ru |
Category |
LEGAL POLICY OF THE STATE: THEORY, HISTORY, PRACTICE |
Year,.Volume, Number |
2021, Vol. 9, № 1 (33) |
Pages |
54-62 |
Article type |
Original article |
Index UDK |
342.76 |
DOI |
10.21685/2307-9525-2021-9-1-7 |
Abstract |
The article examines the features of the legal regulation of the activities of public authorities in the context of the development of an extraordinary situation. It is shown that federal legislation to characterize such regulation uses special legal terminology with an indication of emergency. Extraordinariness as a sign of special legal development is mentioned in a number of decisions of the Constitutional Court of the Russian Federation. The analysis of such decisions showed that in each case of the constitutional assessment of the contested legal acts, the constitutional review body investigated the unprecedentedness of the circumstances, due to which there was no proper legal regulation. The extraordi-nary situation was correlated with its unpredictability, scale, and rapid development. The article shows the lack of unity of approaches to understanding an extraordinary situation. In the decisions of the Constitutional Court of the Russian Federation, its origin is associated with the onset of various circumstances: hostilities started by illegal armed groups, a man-made disaster, a pandemic of coronavirus infection. Also, extraordinariness as a feature was used both in assessing sit-uations and in characterizing the status, discretionary powers of public authorities. |
human rights, extraordinary situation, Constitutional Court of Russia, legal regime, state of emergency |
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References |
1. Agapova E.V., Beliaeva O. A. Extraordinary Legal Regime for Public Procurement from Small and Medium-Sized Businesses. Zhurnal predprinimatel'skogo i korporativnogo prava = Journal of Entrepreneurship and Corporate Law, 2020, no. 3 (19), pp. 26-31 (in Russian). |
For citation |
Romanovsky V.G. Extraordinary Situation: Concept, Legal Regime, Regulation Features. Electronic scientific journal «Science. Society. State», 2021, vol. 9, no. 1, pp. 54-62, available at: http://esj.pnzgu.ru. DOI: 10.21685/2307-9525-2021-9-1-7. (In Russian). |
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