On the constitutional and legal foundations declare of the state of emergency in the Russian Federation

the article discusses the grounds and mechanism for the introduction of a state of emergency, international standards for the introduction of a special legal regime, the procedure and conditions for restricting the rights of citizens in a state of emergency. various types of emergency situations are considered, each of which has its own characteristics, which must be taken into account in the theory and practice of applying specific exceptional legal measures affecting human and civil rights. materials and methods: the normative basis of the study includes international legal acts, the constitution of the russian federation, federal laws of the russian federation. the methodological basis of the research was the general dialectical method of scientific cognition, methods of generalization and description, cognitive methods and techniques of observation, comparison and analysis. the results of the study : restrictions on human and civil rights in a state of emergency can be implemented only on the basis and in compliance with the law, restrictions on rights outside the law on a special legal regime are unacceptable in a state of law. the issue of the introduction of a state of emergency in each specific case is decided individually. it is difficult to determine the line when a state of emergency should be introduced, and when it is possible to do with the legal tools that are used in normal conditions. the mechanism for the introduction of the state of emergency depends on the historical traditions of public administration, on the political regime, the form of government and the form of government. findings and conclusions: the constitutional and legal mechanism for the introduction of a state of emergency in the russian federation is the most logical and complies with international legal standards. the head of state has the right to declare a state of emergency, which ensures prompt response to an emergency situation. the possibility of the parliament to cancel or approve the decision of the president of the russian federation on the introduction of this special legal regime within the time limit established by law provides additional guarantees of the objectivity of the decision taken. the conduct of the legal regime in question is possible only under the condition of a real threat and within the boundaries established by the state in time and space. an insufficiently thought-out mechanism for the introduction and implementation of a state of emergency carries the threat of mass violations of human rights and the formation of an anti-democratic political regime.