The Constitutionality of Legal Measures During the Spread of COVID-19

Политика и Общество, Год журнала: 2023, Номер 1, С. 21 - 32

Опубликована: Янв. 1, 2023

The emergence of a novel coronavirus infection posed major challenge to the global community and necessitated urgent extraordinary measures minimize consequences pandemic. In history modern Russia, this was first time national emergency had occurred. Under such circumstances, State needed an response that also involved regulatory mechanism. Of course, regime legal regulation in situations has significant differences from everyday regulation. author examines detail issue constitutional emergencies kind analyzes correlates it with actual Peculiarities public authorities' organizational activity pandemic conditions are investigated. Particular attention is paid human rights during spread COVID-19. concludes rather than applying existing well-defined regulations outlined Federal Constitutional Law "About Emergency" May 30, 2001 (¹ 3-FKZ), which stipulates implementation state throughout country or specific areas, ruling authorities have opted for alternative approach. This decision resulted swift modification legislation, its own set consequences. main problem, author's opinion, lies misapplication provisions Constitution Russian Federation, since systematic interrelated interpretation Articles 55 56 Federation follows they regulate same social relations. However, article 56, unlike 55, special grounds application, so principle lex specialis derogate legi generali should be applied them—that is, preference given norm. addition, proposes adoption single act would unify different types provide orderly

Язык: Английский

Constitutionality of Legal Regimes During the Spread of COVID-19 Coronavirus Infection

Право и политика, Год журнала: 2022, Номер 11, С. 44 - 58

Опубликована: Ноя. 1, 2022

The emergence of a new coronavirus infection posed major challenge to the global community and necessitated urgent extraordinary measures minimize consequences pandemic. In history modern Russia, this was first time national emergency had occurred. Under such circumstances, State needed an response that also involved regulatory mechanism. Of course, regime legal regulation in situations has significant difference from everyday regulation. author examines detail issue constitutional-legal emergencies kind, analyzes correlates with actual Peculiarities organizational activity public authorities pandemic conditions are investigated. Particular attention is paid human rights COVID-19 spreading. comes conclusion instead application current clear regulations established by Federal Constitutional Law "About state emergency" May 30, 2001 ¹ 3-FKZ which provides introduction both on territory country its separate places all ensuing ruling subjects chosen another way solution, giving rise rapid change legislation. main problem, author's opinion, lies misapplication provisions Constitution Russian Federation, since systematic interrelated interpretation Articles 55 56 Federation follows they regulate same social relations. However, article 56, unlike 55, special grounds for application, so principle lex specialis derogate legi generali should be applied them, is, preference given norm. addition, proposes adoption single act would unify different types give orderly

Язык: Английский