Comparative legal analysis of special (emergency) regimes and legal justification for their imposition under special military operation

The subject. The paper considers the concept of legal regimes, establishes their division into ordinary and emergency ones, and analyzes the regulatory framework of the establishment of emergency legal regimes in certain territories of the Russian Federation under special military operation.

The choice of the research subject is due to the fact that the establishment of emergency regimes, as a rule, is associated with the restriction of human and civil rights and freedoms. In this regard, the issue is whether the establishment of emergency legal regimes under special military operation is in accordance with the Constitution of the Russian Federation and whether there is a legal justification for restricting human rights when they are introduced. The issue of implementing federal norms governing special regimes at the level of the constituent entities of the Russian Federation is also relevant.

The purpose of the study: to carry out a comparative analysis of emergency legal regimes established by Russian legislation and to consider their legality in applying in the certain territories of the Russian Federation under special military operation.

Methodology. When writing a paper, we used historical, comparative legal methods and formal legal ones, and methods of analysis and synthesis as well.

Conclusions. An analysis of regulatory legal acts showed that various legal regimes apply to individual objects and subjects of law in all branches of it. Most of them operate in everyday life and do not restrict human rights. However, there are special (emergency) legal regimes that apply in emergency circumstances and require special response measures, including those related to the restriction of human and civil rights and freedoms. These measures can be provided only by federal laws in accordance with Article 55 of the Constitution of the Russian Federation. At present, four those regimes were provided by legislation: the martial law regime, the state of emergency, the counter-terrorism operation regime and the emergency mode. Under the special military operation, three of four emergency regimes are in force in certain Russian territories. The federal authorities have imposed martial law regimes in the Donetsk People’s Republic, the Lugansk People’s Republic, the Zaporozhye and Kherson regions and counter-terrorism operation regime in the Belgorod and Kursk regions as well.

The authorities of the constituent entities of the Russian Federation have introduced an emergency regime in the Bryansk, Kursk, Belgorod and Voronezh regions. However, based on statutory definitions of the counter-terrorist operation and martial law, one should establish a state of martial law in the Kursk region.

Medium and maximum response modes established by the Decree of the President of the Russian Federation No. 757 "About measures, carried out in the constituent entities of the Russian Federation in accordance with the Decree No. 756 signed by the Russian President in October 19, 2022" were not provided by regulatory acts. Therefore, in accordance with federal law No. 67 "About the protection of public and the territory from natural and technological emergency" the authorities of the constituent entities of the Russian Federation set up the emergency regime and operate within it on the basis of the existing legal framework limited by the norms of the Constitution of the Russian Federation.

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