System of extraordinary administrative-legal regimes: problems of theory, legislation and practice

The concepts of "administrative-legal regime", "extraordinary administrative-legal regime", their essence and content in modern legal science, practice of legal regulation and application cause currently a lot of discussions. But the events of recent years have not only shown the need for further theoretical studies of these categories, but also clearly revealed applied problems. The main of them is the substitution of concepts (inherent, incidentally, in many areas of administrative law) when making decisions, which makes them ineffective and often erroneous. Regimes are introduced that have nothing to do with the prevailing circumstances. It has become ob- vious to many that the emergency legislation does not meet the requirements of coherence and integrity, there is no systemic nature to it. The content of the regime is seen both in the activities carried out by the bearer of the regime and organised accordingly, and in the way they are organised. All three elements clearly demonstrate the possibility to attribute a set of norms regulating the grounds, procedure for introduction of emergency administrative-legal regime, applied temporary measures and restrictions to public-law sciences. "Extraordinary administrative-legal regime" is an integral part of the process of emergency management of the territory concerned, as special, emergency means of establishing and maintaining law and order, temporary measures and restrictions of an emergency nature are applied in the establishment of the management system. These measures are very rarely used in conditions of uncertainty, when an emergency situation has not yet arisen, but there is an escalation of conflict, and are never used to resolve relations in everyday, normal conditions. As a result of the study, the author came to the following conclusions: firstly, the extraordinary administrative-legal regime is established exclusively by federal law. The considered feature emphasises its special importance, as it provides flexibility and mobility of its provision; secondly, the most formalised and simplified procedure for the introduction, amendment and cancellation of emergency administrative-legal regimes: when an emergency situation occurs, there is no time to think, it is necessary to act, and quickly; thirdly, a limited range of objectives. The essence of management, regulation of social relations is in their ordering to achieve any goal, and goal setting is a necessary stage of the management process; fourthly, the creation of special structures of territorial management. They can act either together with territorial bodies or completely replace them; fifth, a special order and set of legal means used, the specific feature of which is rigidity, a high degree of clarity of managerial impact. For such regimes, this feature is manifested in the predominance of prohibitions and positive obligations in the legal regulation.

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