State of emergency as a special legal regime restricting individual rights and freedoms

Бесплатный доступ

The article is devoted to the consideration of the specifics of the state of emergency as a special legal regime that restricts certain rights and freedoms. The relevance of the topic is due to the need for a more detailed consideration of the theory and practice of implementing protection measures and ensuring guarantees for the observance of rights and freedoms in the state of emergency. The subject of the article is the specifics of the state of emergency as a special legal regime that legally restricts certain rights and freedoms. The purpose of the study is to identify the essence of the legal regime of the state of emergency as a legitimate basis for the restriction of certain human rights and freedoms. The article indicates that a state of emergency is imposed on the entire territory of the Russian Federation or in its individual localities by a special legal regime. This regime determines the activities and legal status of public authorities, local governments, any legal entities and other economic entities, public associations and individuals. As a rule, a state of emergency is introduced in order to eliminate the circumstances that were the basis for its introduction, as well as to ensure the protection of the constitutional order of the Russian Federation and the protection of human rights and freedoms. The article indicates that the circumstances that pose an immediate threat to the life and safety of citizens or the constitutional order of the Russian Federation include: The article indicates that the circumstances that pose an immediate threat to the life and safety of citizens or the constitutional order of the Russian Federation include: on the one hand, any attempts to change the constitutional order by force, misappropriation (seizure) of power, riots, including armed riots, terrorist acts, etc.; on the other hand, natural and man-made emergencies, incl. in the field of ecology, including epizootics and epidemics. In addition, it is noted that in order to promptly eliminate the circumstances that caused the introduction of this legal regime, the state imposes restrictions on a number of rights and freedoms (restricts freedom of movement, prohibits mass events, etc.). In conclusion, the author comes to the conclusion that the measures implemented under the special legal regime of the state of emergency are justified.

Еще

State of emergency, administrative and legal regime, human rights and freedoms, emergency, restrictive measures, governing body

Короткий адрес: https://sciup.org/147237769

IDR: 147237769   |   DOI: 10.14529/law220218

Статья научная