TO THE QUESTION OF EMERGENCY POSITION AS A VARIETY OF EXCLUSIVE LEGAL REGIMES
The article analyzes the correlation of public and private interests when imposing a state of emergency (in case of threats to the state’s security: attempts to change the constitutional system of the Russian Federation violently, riots and others), with the aim of achieving a balance in legal regulation and social justice. It justifies the legality and the need for a temporary restriction of the rights and freedoms of citizens affecting private interests. The purpose of this article is the scientific understanding and analysis of the legal means used in the introduction of a state of emergency. The task solved by the author is to determine the nature and identification of signs of the above varieties of legal regimes aimed at protecting public and private interests during the introduction of a state of emergency. The norms of federal legislation, the Decisions of the Constitutional Court of the Russian Federation, containing exceptional regimes, acting as a kind of legal regimes, are analyzed. The author of the article used general scientific and special methods of cognition. A theoretical and legal study of the use of legal means in the introduction of a state of emergency will prevent violations and derogations of the rights and freedoms of man and citizen, and will assist in lawmaking and law enforcement.