Approaches to understanding the category 'special legal regimes'
| Autor: | Anastasiia M. Mernyk, Oleksandr M. Bukhanevych, Oleh O. Petryshyn |
|---|---|
| Rok vydání: | 2021 |
| Předmět: |
History
Coronavirus disease 2019 (COVID-19) media_common.quotation_subject Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) 05 social sciences 030206 dentistry 0506 political science 03 medical and health sciences Philosophy 0302 clinical medicine State (polity) Civil rights State of emergency Political science 050602 political science & public administration Martial law Relevance (law) Set (psychology) Law media_common Law and economics |
| Zdroj: | Journal of the National Academy of Legal Sciences of Ukraine. 28:71-78 |
| ISSN: | 2663-3116 |
| DOI: | 10.37635/jnalsu.28(1).2021.71-78 |
| Popis: | The study investigates the main approaches to understanding such legal categories as “legal regimes” and “special legal regime”, and provides their classification Special legal regimes serve as the legal basis for restricting human and civil rights and freedoms;therefore, the relevance of the study of the concept, types, and main features of special legal regimes is beyond doubt The authors of the study consider the relationship between the categories of special legal regime of a state of emergency and martial law, and describe the main grounds for their imposition The authors noted a need for a clear, consistent legal regulation of the model of behaviour aimed at overcoming and eliminating negative consequences of an emergency and military nature Attention is focused on the fact that in Ukraine, the regulation of public relations arising in connection with emergencies and military situations has become particularly important after the emergence of a military conflict on the territory of Ukraine and the spread of the COVID-19 virus The study provides the author’s vision of the categories “legal regimes” and “special legal regimes” it is proposed to interpret the legal regimes as the regulatory procedure, which is expressed in a set of legal means that describe a special combination of interacting permits, prohibitions, and obligations, while implementing a special focus of regulation The latter should be interpreted as a form of public administration that makes provision for the restriction of the legal personality of individuals and legal entities, introduced as a temporary measure provided by means of administrative and legal nature, and aimed at ensuring the security of the individual, society, and the state The study provides the classification of special legal regimes and contains proposals to distinguish them according to the content and basis of occurrence as follows: state of emergency, martial law, state of siege, state of war, state of public danger, state of tension, state of defence, state of threat, state of readiness, state of vigilance © 2021, National Academy of Legal Sciences of Ukraine All rights reserved |
| Databáze: | OpenAIRE |
| Externí odkaz: |
|