Author

Ziborov O.V.

Title of article

Static and dynamic manifestations of administrative and legal regime of the state of martial law

Section

Methodology of law enforcement activities

Issue, year

1 (31) 2015

Abstract

Static and dynamic characteristics of administrative and legal regime of the state of marital law are studied as two forms of its manifestation. Such approach allows to understand the complexity of functioning of martial law in its active (procedural mobility) and passive (in peacetime) forms. It is proved that statics is the initial stage of martial law and its dynamics begins from the moment of announcement and actual implementation of security measures. The statics of martial law is argued to be an abstract specification of legal prescriptions. The martial law at its dynamic stage functions in time (e.g. endurance of implementing emergency measures), in space (list of regions being in the state of martial law, fixed in the decree of the RF President) and is applied towards particular persons (competence changes of the status of the interested state authorities, local authorities and citizens). The author proves the necessity to be aware of static characteristics of martial law as they continue functioning at its dynamic stage. It is summarized that martial law is usually in a static state or in the state of implicit dynamics. Basing on the historical analysis the marital law is implemented every 45-50 years which increases the level of scientific understanding and practice of its implementation. Static state of administrative and legal regime of martial law allows to comprehend this legal institution and its doctrinal conception.

Keywords

state of martial law, administrative and legal regime, statics, dynamics, law enforcement practice.

References

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