Approaches to understanding the category "special legal regimes"

2021 ◽  
Vol 28 (1) ◽  
pp. 71-78
Author(s):  
Oleksandr M. Bukhanevych ◽  
Anastasiia M. Mernyk ◽  
Oleh O. Petryshyn
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Legal Regulation ◽  
Special Focus ◽  
Negative Consequences ◽  
Legal Regime ◽  
Martial Law ◽  
State Of Emergency ◽  
Legal Personality ◽  
Legal Regimes

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

scholarly journals On the issue of establishing an experimental legal regime in the field of artificial intelligence application

2021 ◽  
Vol 2 ◽  
pp. 64-67
Author(s):  
E.Y. Barakina ◽  
Keyword(s):  
Artificial Intelligence ◽  
Legal Regulation ◽  
Negative Consequences ◽  
Legal Regime ◽  
Legal Norms ◽  
Flexible System ◽  
Advantages And Disadvantages ◽  
Legal Regimes ◽  
Artificial Intelligence Application ◽  
Intelligence Application

The article is devoted to the formation of a flexible system of legal regulation in the field of legal regulation of the use of artificial intelligence, which encourages its use and, at the same time, prevents negative consequences. The opinions of Russian and foreign scientists are given. The experience of functioning of regulatory ‘sandboxes’ in other countries is analyzed, as well as their main advantages and disadvantages are identified. Methods of establishing legal norms in the framework of experimental legal regimes are defined.

scholarly journals Protrusion of law as a legal phenomenon: comparative legal aspects

2020 ◽  
Vol 4 (91) ◽  
pp. 19-24
Author(s):  
M.G. Tirskikh ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Negative Influence ◽  
Legal Order ◽  
Legal Systems ◽  
Negative Consequences ◽  
Martial Law ◽  
Legal Norms ◽  
Legal Regimes

Violation of the universal requirement of harmony in law causes negative legal consequences. In the end, this leads to the emergence of obstacles in legal regulation, violations of law and order. Long-term violation of harmony in law, caused by stable factors, leads to the emergence of “protrusion of law.” “Protrusion of law” is a complex phenomenon that exists in the legal system of a particular state, associated with the negative influence of long-standing factors of disharmony, manifested in the existence of a set of legal norms (established models of law enforcement and positions of interpretation of law), which for one reason or another is not coherent to the general one, established, legal order, which causes a set of negative consequences in the end, leading to a complex violation of legal regulation. Protrusion has three main forms: normative protrusion (based on a violation of the coherence of a rule of law to other legal norms), law enforcement (sacred with the contradiction of the content of a legal norm and a law enforcement position developed in the course of applying such a norm) and hermeneutic protrusion (associated withare typical, as a rule, for special situations and legal regimes. They are manifested to the greatest extent in conditions of special administrative regimes of emergency and martial law, legal regimes of functioning of certain political regimes (in particular, an autocratic regime). Protrusions are manifested in different ways in legal systems belonging to different legal families. So, in the conditions of the Romano-Germanic legal family, the protrusion of law, as a rule, manifests itself in the normative sphere and is associated with the emergence of legal norms that are not coherent with other norms. The main form of overcoming protrusion is rule-making activity aimed at identifying and eliminating norms that lead to protrusion. In an Anglo-Saxon legal family, protrusion is less likely to occur. The presence of normative non-coherence does not lead directly to negative consequences, but is leveled by the action of the court, which, through case-law, can harmonize this norm in the context of the general legal order. At the same time, protrusions can occur in the very law enforcement practice, causing the destruction of the previously achieved harmony. In the context of other legal systems, the emergence of protrusion, as a rule, is caused by the identification of legal regulations that contradict the basic principle of the formation of such legal systems (religious, doctrinal, traditional).

Foreign experience in constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law

2021 ◽  
Vol 28 (2) ◽  
pp. 55-65
Author(s):  
Oleksandr M. Bukhanevych ◽  
Serhii O. Kuznichenko ◽  
Anastasiia M. Mernyk
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Well Being ◽  
Legal Regulation ◽  
Martial Law ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific ◽  
The Individual ◽  
Exhaustive List

The study investigates the foreign experience of constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law in Macedonia, Armenia, Belarus, Moldova, Georgia, Latvia, Lithuania, Albania, Azerbaijan, which is relevantin modern conditions, based on the presence of local military conflicts, emergencies, or the possibility of their existence in many countries of the world. The purpose of this study was to analyse the text and content of the constitutions of foreign countries to clarify and explain the groundsfor restricting human and civil rights and freedoms in conditions of emergency and martial law. To achieve this purpose, the study employed a system of methods of scientific cognition, namely general scientific (analysis, synthesis), particular (comparative, quantitative and qualitative analysis, approximation), as well as special legal (formal legal, comparative legal) methods. The practical value of the study lies in the identification of four prevailing trends in the constitutions of foreign states to the procedure for determining the scope of restrictions on human rights under special regimes: 1) consolidation of an exhaustive list of rights and freedoms in the constitutions, which cannot be restricted during the period of emergency and martial law; 2) consolidation of an exhaustive list of rights and freedoms in the constitution, which can be restricted to protect human rights, the democratic structure of the state, public safety, the well-being of the population and morals; 3) combining the first two options for consolidating restrictions in the text of the constitutions; 4) consolidation of the possibility of limiting the rights and freedoms of the individual in the texts of constitutions by state authorities under special legal regimes in the interests of national security without specifying partiular rights and freedoms that may (or may not) be restricted

scholarly journals GAPS IN THE LAW AND WAYS TO FILL THEM

2020 ◽  
Vol 30 (3) ◽  
pp. 396-405
Author(s):  
P.V. Lushnikov
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Negative Consequences ◽  
First Case ◽  
The Law ◽  
False Idea ◽  
Law Making ◽  
Made In ◽  
Communicative Processes

The article deals with the issues of gaps in law, it is stated that at present the problem of gaps is caused by the development of public relations. The negative consequences of gaps and their causes are determined. Several classifications of gaps that are made in science are considered. It is concluded that the deliberate creation of gaps by the subjects of law-making can be a corruption-induced factor. The classification of gaps depending on the truth (real and imaginary) is analyzed in detail. It is concluded that under the imaginary spaces can occur, both the addressees and the addressees of legal messages. In the first case, the addressees due to lack of necessary knowledge may have a false idea about the lack of legal regulation. When considering the second option, there is agreement with the scientific position that the addressees may, for subjective reasons, try to resolve gaps in the law, which do not really exist, thereby giving rise to excessive legitimization or real gaps. The article considers the options of filling the gaps in the law proposed in science. Further, it is proposed to apply to this problem the provisions of hermeneutics. The possibility of applying hermeneutic methodology to eliminate gaps is substantiated. It is concluded that preliminary modeling of communicative processes in the course of law-making can be used as a measure to counteract the gap in laws. The author suggests the need to limit the "arbitrariness of the reader" in the process of applying the analogy of law and law, as well as in the process of forming a legal precedent.

scholarly journals Experimental legal regimes of mobilization type as a method of legal regulation in the context of COVID-19 spread

2022 ◽  
Vol 5 (4) ◽  
pp. 30-42
Author(s):  
V. O. Makarov
Keyword(s):  
Technological Development ◽  
Evaluation Criteria ◽  
Legal Regulation ◽  
Complex Object ◽  
Legal Regime ◽  
Global Epidemic ◽  
Legal Regimes ◽  
Smart Regulation ◽  
Legitimate Interests ◽  
New Interpretation

Experimental legal regime; COVID19; legal regime; legal experiment; “regulatory sandboxes”; legal technique; classification of legal experiments; legality; experimental legal regimes of mobilization type on legal forecasting and legal interpretation methods. The theoretical basis of the research includes well-known legal science categories, i.e. legal regime and legal experiment that get a new interpretation with the appearance of experimental legal regime institute. The main results of the research, scope of application. Experimental legal regime is a broader legal phenomenon than regulatory sandboxes, which includes not only regulation of the digital innovation sphere, but also other rules that are limited in time and space. There are legal regimes with signs of experimentation that are not officially identified by the state as experimental legal regimes. The work studied the experience which arose due to  modern  changes  in  state  and  legal  regulation  caused  by  the  global  epidemic  of COVID-19. It is suggested to divide the legal experiments according to the purpose of experimental legislation into the following groups: optimizing, progressive and mobilization ones. The aim of the first group named “Optimizing legal experiments” is to test using of new regulation applied to a large and complex object. The second group named “Progressive legal experiments” is intended to check whether the abandonment of old laws is beneficial in the innovation field. The result is creation of a smart regulation for economic and technological development. The third group named “Mobilization legal experiments” is aimed at maintaining of the existing level of resources, security, and infrastructure in the event of critical situations. It is being proved that the legal restrictions aimed at preventing of COVID-19 viral infection spreading can be classified as experimental legal regimes of mobilization type. The criterion for distinguishing of mobilization experimental legal regimes from others is the voluntary participation in the legal experiment and the goal of the experimental legal regime.Conclusions. The development of mobilization experimental legal regimes implies raising of their legality. It can be achieved by the provision of legal guarantees such as the goals of the legal experiment and the evaluation of their consequences. This will allow identify whether the consequences of the experiment correspond to the goals of the new legal regulation. There must be grounds for limitations to legal certainty caused by legal experimentation. Their manifestation is the goal and evaluation criteria, with the help of which it is possible to determine whether the consequences of the establishment of the experiment correspond to the goals of the new legal regulation. Otherwise, there is a risk of unjustified infringement of the rights and legitimate interests of citizens.

scholarly journals Special Legal Regimes and Their Status under the Lithuanian Legal System

Teisė ◽  
2020 ◽  
Vol 117 ◽  
pp. 79-98
Author(s):  
Vaidotas A. Vaičaitis
Keyword(s):  
Human Rights ◽  
Disaster Management ◽  
Legal System ◽  
The State ◽  
Legal Regime ◽  
State Of Emergency ◽  
Management Regime ◽  
Legal Regimes

Based on the constitutional approach, this article examines three special legal regimes in the Lithuanian legal system: the state of emergency, disaster management regime, and quarantine. The article uses four methodological criteria to reveal the differences and similarities between these legal regimes: a) the basis for the declaration of a particular legal regime, b) the subjects of their declaration and management, c) their duration, and d) the special measures applied during them, including human rights restrictions.

scholarly journals Separate proposals for improving the regulatory support for legal regimes in labor law in the light of labor law reform

2020 ◽  
pp. 177-181
Author(s):  
Lyudmila Vakaryuk
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
State Regulation ◽  
Coherent System ◽  
Legal Regime ◽  
Work Activity ◽  
Legal Remedies ◽  
Legal Regimes ◽  
Rights And Interests

The article is devoted to the formulation of proposals to increase the level of regulatory support of legal regimes in the labor law of Ukraine at the level of state regulation. It is emphasized that the legal regime is a static and dynamic phenomenon of objective reality, which concentrates in its substantive system the legal remedies used at certain stages of legal regulation in order to effectively secure it. The legal regime influences the employee and the employer as participants of the labor process, their consciousness and behavior, as a result of which the parties of labor relations optimize the motivation for work, their work activity, modify it or even stop it. However, despite the important role of the legal regime in the further development of labor law, this issue continues to be poorly researched, which negatively affects the effectiveness of legal regimes. It is emphasized that the legal regime contributes to the creation and maintenance of a coherent system of regulatory influence, order, and, under the influence of appropriate means of legal regulation, functions to achieve the effective realization by individuals of their needs, subjective rights and interests and the fulfillment of their duties. Effectiveness of legal regulation is determined not only by a one-time result, but also by its stability, in this connection the legislator, forming, exercising the right, is obliged to take into account the adequacy of the chosen legal means for the stated purpose and task. It is proposed to amend the Code of Labor Laws, which will contribute to a more effective implementation of the legal regime in practice. In particular, supplement the Code of Labor Law with articles on the notion of the labor-law regime, the purpose and objectives of the regime in labor law, as well as the criteria for the effectiveness of legal regimes in labor law. As such criteria, it is proposed to emphasize the validity of the fixing and functioning of the legal regime in labor law, the timeliness and urgency of fixing and change, the abolition of the legal regime in labor law, the reality of the legal regime in labor law. The skillful and effective use of the legal remedies, the well-defined purpose of the legal policy and the introduction of the appropriate legal regime will contribute to the effective realization of the socio-economic rights and interests of the subjects of labor relations and to the solution of the tasks facing the state and society as a whole.

scholarly journals Modern biotechnology: search for an optimal model of legal regulation

2021 ◽  
Vol 311 ◽  
pp. 10003
Author(s):  
Denis Matytsin ◽  
Olesya Kazachenok ◽  
Agnessa Inshakova
Keyword(s):  
Public Relations ◽  
National Parks ◽  
Legal Regulation ◽  
State Regulation ◽  
Negative Consequences ◽  
Optimal Model ◽  
Specially Protected Natural Areas ◽  
Protected Natural Areas ◽  
The Right ◽  
World Food Security

This chapter justifies the conclusion that GMO technologies as a form of biotechnology are the greatest technological breakthrough of our time. With the help of GMOs, it is possible to increase the yield, which al-lows not only to solve the problems of world food security, but also to pre-serve untouched lands from human impact (including through the creation of national parks or other types and forms of specially protected natural areas there). The use of GMO technologies reduces the use of pesticides and agrochemicals in agriculture. However, in conditions where the harm from GMO technologies and products not convincingly proven, the search for an optimal model for their use should continue. The authors note that the concept of sustainable development implies a balance of environmental, economic and social interests. Deviation from this balance in any direction entails a number of negative consequences for the entire society, both in terms of problems with the realization of the right to food, as well as in terms of environmental protection. In this situation, it seems appropriate not to ban GMOs absolutely (as in Russia), which means the uselessness of the law of the relevant state as a regulator of public relations. Considering the measures of state regulation of the use of GMO technologies and products, the authors focus on the prospects for the use of certification and labeling of GMO products, which in a number of BRICS and EAEU countries has already had a positive effect.

scholarly journals Problematic issues of legal regulation of the grounds for introduction special conditions in the institutions of the penal system of Russia and ways to solve them

2019 ◽  
Vol 13 (3) ◽  
pp. 347-355
Author(s):  
D. V. Gorban’ ◽  
◽  
Keyword(s):  
Legal Regulation ◽  
Penal System ◽  
Correctional Institution ◽  
Correctional Institutions ◽  
Operational Environment ◽  
Martial Law ◽  
State Of Emergency ◽  
Detention Centers ◽  
Penal Institutions ◽  
Capture And Release

In practice of institutions and bodies of the penal system arise situations in which their normal activities are temporarily interrupted and they become the so-called special order of functioning. These are: natural disasters, riots of convicts, accidents, announcement of the state of emergency or imposing martial law, group disobedience of convicts, capture and release of hostages in the territory of a correctional institution, search and detention of convicts who escaped from a correctional institution, fires. In the event of these abnormal situations the operational environment is sharply complicated, and there are grounds for introducing special conditions in correctional institutions as well as pre-trial detention centers. The special conditions regime is a complex of organizational measures introduced when a state of emergency, martial law and special situations are established in the area of the correctional institution, as well as in the event of mass unrest or group disobedience of convicts. The study of the problematic issues of introducing this regime is an urgent area of research in modern penitentiary science. The article presents an attempt to comprehensively review the practical issues of introducing special conditions in penal institutions. The author considers it possible to supplement the list of grounds enshrined in the law for introducing a special conditions regime with a few more and makes suggestions for improving the current penal legislation.

FOREIGN EXPERIENCE OF LEGAL REGULATION OF THE FIGHT AGAINST FAKE NEWS

2021 ◽  
pp. 154-164
Author(s):  
Anna S. Zueva ◽  
◽  
Liana A. Makaeva ◽  
Keyword(s):  
Public Relations ◽  
Positive Impact ◽  
National Level ◽  
Developed Countries ◽  
Legal Regulation ◽  
Point Of View ◽  
The Internet ◽  
Negative Consequences ◽  
Fake News ◽  
Significant Information

The article describes the role of the Internet in the modern information society. The negative consequences of the openness of this information and telecommunications network are studied. The paper also substantiates the consequences of the activities of anonymous users who commit offenses. The authors consider the experience of combating fake news in developed countries (Great Britain, Germany, France) and emerging markets (Brazil, Venezuela, Egypt, Qatar, China, Singapore, Turkey). Special attention is paid to such a new phenomenon in the field of spreading false information as "deepfakes". As a result of a comparative legal analysis of regulation in the field of countering the publication of information that does not correspond to reality in online publications, it is concluded that many countries have realized the importance of the threat of spreading fake news. Foreign legislation is formed from the point of view of creating preventive measures in the field of dissemination of unreliable socially significant information. In addition, the authors of the study noted that the adoption of legal measures to combat the spread of fake news at the national level helps to minimize the negative socially significant consequences of the activities of offenders. From this point of view, these actions are absolutely justified and have a positive impact on the regulation of public relations on the Internet.

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