FOREIGN EXPERIENCE OF LEGAL REGULATION OF A SPECIAL PERIOD

Abstract

Introduction. First of all, legal regimes can be considered as a kind of "special block" in the general arsenal of legal tools, which unites a certain complex of legal means of state-authority influence into a single category. From this point of view, the effective use of legal means in solving certain special tasks largely consists in choosing the optimal legal regime for this, professionally developing it in accordance with the specifics of the same goal and the content of regulated social relations, since legal regimes belong to the level legal forms that have already developed and are its most important factor. The elimination of the threat to the internal security of the state is carried out by introducing a legal regime of a state of emergency, a threat to external security requires the application of other legal regimes – martial law, time, state of war. It is with the help of modernized institutions of legal regimes that Ukraine strives to create a balance between the constitutional rights of citizens and the procedure for their implementation in specially protected or control-supervisory spheres sensitive to national security, in accordance with international standards. Goal. The purpose of the study is to contribute to the formation of the scientific and theoretical foundations of legal regimes during armed conflict and the normative and legal basis in relations that will arise in the military sphere, the sphere of defense of Ukraine. Materials and methods. The research materials are: 1) normative and legal support for the regulation of the defense sector of the state; 2) works of domestic authors conducting their scientific and practical research in the field of defense law, in particular regarding the codification of Ukrainian legislation in the field of defense. In the process of carrying out the research, the following scientific methods were used: theoretical generalization and grouping; logical generalization of results (formulation of conclusions).