THE LEGAL REGIME OF A STATE OF EMERGENCY AS AN ELEMENT OF THE INSTITUTION OF EMERGENCY ADMINISTRATIVE-LEGAL REGIMES: CONCEPT AND CONTENT

Abstract

The article covers the issue of the concept and essence of a state of emergency as an emergency legal regime, the understanding of the concept of a legal regime, as well as characteristic features, features of introduction and restrictions, as a result of the onset of this legal regime of a state of emergency. The positions of scientists regarding the understanding of the concept of legal regime were analyzed and it was established that scientists often equate the concepts of legal regime and legal regulation. Also, during the research, it was determined that today the legal basis for restricting human rights and freedoms due to a state of emergency is the Constitution of Ukraine, the Law of Ukraine «On the Legal Regime of a State of Emergency», other laws of Ukraine and Decrees of the President of Ukraine on the introduction of a state of emergency in Ukraine or in individual its localities. It is determined that the legal regime of the state of emergency is introduced to eliminate the threat and eliminate especially severe emergency situations as soon as possible. It is determined that the legal regime of the state of emergency is introduced to eliminate the threat and eliminate particularly severe emergency situations as soon as possible. Attention was focused on the fact that the introduction of a state of emergency should in no way affect the basic rights of citizens, that the Constitution of Ukraine only limits the rights that can theoretically increase the negative consequences of a state of emergency. It was determined that the introduction of a state of emergency is characterized by special conditions of introduction provided by legislation, as well as the redistribution of powers and competence of state bodies responsible for the introduction of a state of emergency. The conclusion concludes that the introduction of a legal state of emergency must comply with the principles of state, social necessity, objectivity, expediency and responsibility for possible consequences for the state and society, because regardless of the introduction of a legal state of emergency, a person remains the highest social value in the state and those restrictions defined by the legislator cannot be the basis for illegal behavior in relation to a person.