Специальная военная операция: проблемы правового характера

Abstract

In the article, through the prism of constitutional norms and norms of the Federal Constitutional Law “On Martial Law”, the new concept of “special military operation”, which appeared within the framework of a special legal regime of martial law, is considered. At the same time, the acts of the President of the Russian Federation, which introduced martial law on the territory of certain subjects of the Russian Federation, are taken into account. Based on the results of the analysis, an explanation of the phrase “special military operation” is proposed. The Decree of the President of the Russian Federation of October 19, 2022 No. 757 “On measures implemented in the subjects of the Russian Federation in connection with the Decree of the President of the Russian Federation of October 19, 2022 No. 756”, providing for measures to be implemented in the subjects of the Russian Federation in connection with the publication of the Decree of the President of the Russian Federation of October 19, 2022, is analyzed No. 756 “On the introduction of martial law in the territories of the Donetsk People's Republic, Luhansk People's Republic, Zaporozhye and Kherson regions”. Legal inconsistencies and legal and technical errors have been identified in the text of the analyzed act. As a result of the conducted research, proposals were formulated to amend the Federal Constitutional Law “On Martial Law” and to amend the Decree of the President of the Russian Federation No. 757 of October 19, 2022 “On measures implemented in the subjects of the Russian Federation in connection with the Decree of the President of the Russian Federation No. 756 of October 19, 2022”.