State of emergency: questions of theory and practice

Abstract

The article considers the state of emergency as an extraordinary (special) administrative and legal regime, analyzes approaches to determining the essence and legal content of this legal regime. It is established that the norms of emergency legislation in the conditions of extraordinary situations ensure the stable functioning of the state and the activities of subjects of public administration by expanding their legal tools and fixing special regulatory legal norms. It is revealed that in the current legislation, the categories of extraordinary situation, emergency situation are used as single-order, but they are not. The author's position on this issue is expressed. Based on the analysis, the definition of the concept of a state of emergency is formulated and the scope of application of the relevant legal regime is indicated. The main directions defining the powers of public administration bodies to ensure the state of emergency are determined. Proposals have been made to improve the terminological apparatus of the Federal Law of 30.05.2001 No. 3-Federal Law “On the State of Emergency”.