Impact of emergency conditions on limits of legal regulation
Автор: Zaytseva Ekaterina Sergeevna
Журнал: Вестник Восточно-Сибирского института Министерства внутренних дел России @vestnik-vsi-mvd
Рубрика: Теория и история права и государства. История учений о праве и государстве
Статья в выпуске: 3 (98), 2021 года.
Бесплатный доступ
Introduction: the article examines the main directions of the impact of emergency conditions on the limits of legal regulation. It is noted that the COVID-19 pandemic is a typical model of an emergency circumstance of a natural nature, which determined the appearance of emergency conditions that had a significant impact on the limits of legal regulation. Determination of the main directions of the impact of emergency conditions on the limits of legal regulation and their analysis contribute to the further development of legislation in this area. Materials and methods: the normative basis of the study was the Constitution of the Russian Federation, laws and by-laws adopted during the COVID-19 pandemic. The methodological basis of the research was formed by general scientific (analysis, synthesis, induction, deduction, abstraction, generalization, comparison) and special scientific (formal legal, structural and functional) methods of cognition. Results of the study: the main directions of the impact of emergency conditions on the limits of legal regulation during the COVID-19 pandemic were identified, allowing to take into account the experience gained in order to further optimize and improve legal regulation in similar situations in the future. Findings and conclusions: analysis of the impact of the COVID-19 pandemic, as a typical model of an emergency of a natural nature that determines the appearance of emergency conditions, manifests itself in the expansion of the scope of legal regulation, which naturally entailed the expansion of the scope of the subject of legal regulation; in expanding the subject of legal regulation beyond the scope of legal regulation; in expanding the use of quasi-legal regulators; in changing the boundaries of imperative and dispositive legal regulation; in the erosion of sectoral limits through the formation of a new “cyclical legal array”; in changing the limits of legislative and subordinate regulation.
Limits of legal regulation, scope of legal regulation, subject of legal regulation, emergency conditions, extraordinary circumstances, covid-19 pandemic
Короткий адрес: https://sciup.org/143178196
IDR: 143178196 | DOI: 10.24412/2312-3184-2021-3-9-18