The pandemic as a legal prerequisite for the introduction of some special legal regimes

Keywords: legal regime, pandemic, epidemic, legislation, types of legal regimes, signs of legal regime, legal regulation.

Abstract

The article is devoted to the study of the pandemic as a legal prerequisite for the introduction of special legal regimes. Approaches to the definition of the term “pandemic” that occur in various fields are analyzed. It is noted that the pandemic is closely related to the epidemic in the scientific literature. That is, today there is a statement that the spread of an epidemic to several countries or continents is called a pandemic. It is claimed that the understanding of the essence of the pandemic as a phenomenon from the field of medicine and social relations shows that the pandemic causes not only medical and other social consequences, but also legal ones.

It is noted that the concept of legal regime plays a significant role in the system of legal regulation of social relations. The legal nature of legal regimes is determined, and their classification is carried out. The following main features of legal regimes are highlighted: they are established and provided by the state; determine the rules of behavior in specific social relations; they represent the procedure of legal regulation established by the state; they create certain approaches to ensure a favorable or unfavorable degree of subjective interests. The regulatory principles of establishing a special legal regime are analyzed.

It is concluded that the term “pandemic” is mainly used in the medical field, however, the factors that cause a pandemic are not only important within the limits of medicine or sanitation, but also entail acute social consequences, taking into account the legal.

It is noted that the pandemic is a prerequisite for the introduction of a state of emergency. In order to eliminate the pandemic, the following measures should be realized: implementation of quarantine measures; population evacuation; application of a special order regarding the distribution of food and basic necessities; mobilization; change of work schedules of enterprises, institutions and organizations.

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Author Biography

N. O. Rastorhuieva, Kharkiv National University of Internal Affairs

Student of the master's program.

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Published
2022-06-30
How to Cite
Rastorhuieva, N. O. (2022) “The pandemic as a legal prerequisite for the introduction of some special legal regimes”, Law and Safety, 85(2), pp. 71-80. doi: 10.32631/pb.2022.2.07.