APPLICATION OF TEMPORALLY LIMITED LAW WHEN ACTING IN SPECIAL LEGAL CIRCUMSTANCES (CONDITIONS)

  • A.Yu. Tsygankov
    • Financial University under the Government of the Russian Federation
Keywords: temporary laws, expiry date, temporary legal force, temporary status, temporary measures, state of emergency, special legal situation

Abstract

This article examines the issue of legislative situations, the creation of which is associated with the introduction of temporary laws, the possibility of legitimation of which is expressed in the presence of a certain set of legislative initiatives that can ensure the implementation of the necessary organizational procedures at the time of the introduction of a special legal situation, such as emergency, military and others, whose occurrence associated with extraordinary or emergency circumstances in which the state and society find themselves. In the study, the methodological dominant is the dynamic combination of systemic and analytical methods; diachronic and comparative methods are on the methodological periphery. The relevance of the study is due to the fact that in the current legal situation in the Russian Federation, a significant issue has arisen regarding the application of legislative measures designed to ensure the successful implementation of the necessary special measures of an emergency nature, in particular ensuring security and maintaining public order, which are important conditions for the legal support of the functioning of state bodies and their structures during a period of special situation. The article analyzes the concept of temporary law; the history of the existence of temporary laws in different legal systems is traced; proposals are formulated to regulate the procedure for applying temporary laws in the legal system of the Russian Federation. Temporary legislation is considered in connection with the concept of an emergency situation, which justifies the temporal limitation of this part of the legislation introduced ad hoc. The main issue that the article is aimed at is the possibility and methods of integrating temporary legislation into permanent legislation.

References

Received 2023-01-13
Published 2023-11-24
Section
Jurisprudence
Pages
1090-1096