Constitutionality of Legal Regimes During the Spread of COVID-19 Coronavirus Infection

Abstract

The emergence of a new coronavirus infection posed a major challenge to the global community and necessitated urgent and extraordinary measures to minimize the consequences of the pandemic. In the history of modern Russia, this was the first time a national emergency had occurred. Under such circumstances, the State needed an emergency response that also involved a regulatory mechanism. Of course, the regime of legal regulation in emergency situations has a significant difference from the everyday legal regulation. The author examines in detail the issue of constitutional-legal regulation of emergencies of this kind, analyzes and correlates with actual legal regulation. Peculiarities of organizational activity of public authorities in pandemic conditions are investigated. Particular attention is paid to human rights in conditions of COVID-19 spreading. The author comes to a conclusion that instead of application of the current and clear regulations established by the Federal Constitutional Law "About the state of emergency" from May 30, 2001 ¹ 3-FKZ which provides the introduction both on the territory of the country and in its separate places of the state of emergency with all ensuing consequences by the ruling subjects was chosen another way of legal solution, giving rise to a rapid change in the emergency legislation. The main problem, in the author's opinion, lies in the misapplication of the provisions of the Constitution of the Russian Federation, since from the systematic and interrelated interpretation of Articles 55 and 56 of the Constitution of the Russian Federation follows that they regulate the same social relations. However, article 56, unlike article 55, has special grounds for application, so the principle of lex specialis derogate legi generali should be applied to them, that is, preference should be given to a special norm. In addition, the author proposes the adoption of a single legal act which would unify the different types of emergency situations and give a systematic and orderly legal regulation.