К ВОПРОСУ О МЕХАНИЗМЕ ЧРЕЗВЫЧАЙНОГО ПРАВОВОГО РЕГУЛИРОВАНИЯ И ЕГО ОСНОВНЫХ ЭЛЕМЕНТАХ (НА ПРИМЕРЕ ПРАВОВЫХ РЕЖИМОВ ПОВЫШЕННОЙ ГОТОВНОСТИ И ЧРЕЗВЫЧАЙНОЙ СИТУАЦИИ)

Abstract

The article deals with a comparative analysis of the provisions of the current emergency legislation, which stipulates the procedure for the establishment and implementation of extraordinary (special) legal regimes. It studies the acts of federal legislation regulating the legal regimes of military, state of emergency, emergency situations, counteraction to terrorism and extremist activities, as well as regional legislation on natural and man–made emergencies (a total of 93 normative acts). It also notes that the legislator (especially the regional one) approaches the issue of normative and legal consolidation of the subject of regulation in different ways, the definition and differentiation of the grounds for the introduction of extraordinary (special) legal regimes, the powers of public administration bodies and their officials who ensure the implementation of such regimes. For example, the legislation on the public protection from natural and man-made emergencies, countering terrorism and extremist activities does not provide grounds for the introduction of appropriate regimes. The author reveals a discrepancy between the normative content of the legislative acts of the subjects of the Russian Federation in terms of securing the extraordinary powers of the public administration. In order to eliminate uncertainties in the issues of correlation between the objects of legal regulation and the grounds for the introduction of extraordinary (special) administrative and legal regimes, a proposal is substantiated on the need to formulate blank legal norms defining the grounds for the introduction of extraordinary (special) legal regimes and aimed at ensuring their implementation. Based on the results of the study, a conclusion is made that it is necessary to bring into line the content of regulatory legal acts of the subjects of the Russian Federation, which give public administration bodies and their officials extraordinary powers in the field of protecting the population and territories from emergency situations. Possible directions for improving legislation in the sphere are described.