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Sovereignty of Power and Situational Legality: Certain Theoretical Constructions



M.E. Zharkoy
A.E. Kozlov
jarckoy@yandex.ru
aekozlov1@yandex.ru
senior lecturer, the Department of Theory of State and Law, St. Petersburg University of State Fire Service of EMERCOM of Russia, PhD in History, Associate Professor
senior lecturer, the Department of Criminal Law, State Institute of Economics, Finance, Law and Technology, PhD in Law
St. Petersburg
Gatchina

Keywords:

  • sovereign of power
  • state
  • legality
  • law
  • emergency situations
  • rights and freedoms of citizens
  • We look at the problems of legislator’s right as a sovereign of power to adopt, amend, supplement, abolish, abrogate legal acts in emergency situations. Due to the need to revise a number of axiomatic provisions of the general theory of law, we introduce and substantiate the term of situational legality. Based on the analysis of historical examples, the relevance of the point of view in question is proved.

    188300 Russia, Leningrad region, Gatchina, st. Roshchinskaya, 5