Special legal regimes: the questions of corresponding to the Constitution

The contradictions in emergency legislation of the Russian Federation have been given on the basis of its analysis. It has been noted that alongside with two special legal regimes (state of emergency and state of martial law) provided for in the Constitution, the Federal law "On counteraction to terrorism" contains yet another special legal regime - counterterrorist operation. This regime, in fact, is a special case of introducing a state of emergency. But the Federal law "On counteraction to terrorism" does not work out the norms and grounds for the state of emergency in details but it provides for a new, separate kind of special legal regime. However, it eliminates all the levels of controlling the introduction of state of emergency and proposes a wide degree of limitation of rights and freedoms including the right to life. The above Federal law needs to be correlated with the Constitution of the Russian Federation and current federal constitutional legislation that regulates special legal regimes. The author proposes some conceptual approaches to the solution of the problem of emergency legislation development and its practical application. Firstly, it is necessary to introduce this practice into the legal field bearing in mind that it is federal constitutional legislation that can determine the application of emergency measures. Secondly, it is necessary to broaden the detailed elaboration and differentiation of the grounds for introduction of special legal regime taking into account different degrees of threats and corresponding set of possible means for their prevention and elimination. In this case the problem of terminological differentiation between various sets of special legal measures (state of martial law, state of emergency, exceptional situation, regime of a special tactical army operation etc.) does not seem unreasonable. The author proposes to differentiate the procedure for introducing a special legal regime according to the degree of threats and to envisage the following: a) different kinds of a special legal regime; b) different degrees of procedural legal guarantees for declaration and termination of a special legal regime; c) different subjects empowered to introduce this or that special legal regime (President of the RF, head of the RF subject, head of a municipal entity); d) different territorial formations under regime.

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