Content and essence of special administrative-legal regimes

in the context of reforming the Russian legal system and changes in foreign policy, socio-economic and other spheres of public life, the role of special legal regimes is increasing. These regimes are mechanisms aimed at stabilizing social relations and promptly responding to crisis situations, such as the COVID-19 pandemic and the special military operation launched in February 2022. Special legal regimes temporarily restrict the rights and freedoms of citizens, granting the state additional powers to ensure security and protect public interests. Special legal regimes are classified into high alert and state of emergency regimes. A high alert regime is introduced when there is a threat of an emergency and provides for increased control and mobilization of resources. A state of emergency is applied in the event of natural disasters, terrorist acts or armed conflicts and involves emergency measures to eliminate the consequences and restore the normal functioning of society. An example of such regimes are the decrees of the President of the Russian Federation of October 19, 2022, introducing martial law in the territories of the Donetsk and Luhansk People's Republics, the Zaporozhye and Kherson regions, as well as high alert regimes in other regions. Special legal regimes are highly adaptable and local, which allows for a flexible response to changes and the application of measures in specific conditions. They include restrictions on constitutional rights, such as a moratorium on bankruptcy or the postponement of elections, as well as incentive measures, such as permission to import goods without the consent of copyright holders under sanctions. However, such restrictions must be justified and consistent with the goals of protecting the constitutional order, health and safety of citizens. Despite the effectiveness of special legal regimes in crisis situations, their use gives rise to debate, especially regarding the legitimacy of restricting rights and freedoms. The authorities emphasize the need for such measures to ensure security and stability, while the opposition and experts express concerns about possible abuses and a decrease in the level of public control. Thus, special legal regimes remain an important instrument of public administration, requiring a balance between ensuring security and protecting civil rights.

special administrative and legal regimes, high alert, emergency situation, constitutional rights and freedoms