Abstract: The subject of this research is the analysis of imperfection of the technical legal recognition of requisition institution in legislation of the Russian Federation regarding the questions of martial law and defense overall. The author defines the conflicts of legal regulation of requisition on such question of social life as: determining the size of reimbursement of requisitioned property to the owners; terms for repayment; and terms for evaluation of the requisitioned property. The work reveals the economic inefficiency of requisition for the state, which is burdened with maintenance, exploitation, storage, and utilization of the requisitioned property; need to prepare staff for appropriate use of the requisitioned property. In order to solve these issues, the government should sign a military administrative contract with the owners of the property it need for defense. The authors make following conclusions, which also comprise the scientific novelty of this research: 1) determined conflicts of legal regulation of executing requisition during martial law and defense of the state overall; 2) demonstrated the economic inefficiency of requisition with regards to private property; 3) proposed theoretical legal construct for the military administrative contract as an alternative for requisition, which allows avoiding conflicts of legal regulation, and represents a more economically productive option for the state owners.

Abstract: This research is dedicated to legal regulation of the sphere of private interests preserved in the conditions of legal regime of the martial law. Comparative analysis demonstrates the need for protecting the private sphere of public relations in terms of the market economy, and primarily private property. Shifting the restrictive measures that existed in Soviet legislation onto the current reality is not fully possible due to the obligation to protect the interests of private sphere of social life, which has not been acknowledged in Soviet State. Examination of stipulated by the federal constitutional law “On Martial Law” limitations of economic rights of the citizens and legal entities, demonstrates its imperfection in part of reimbursement of cost of property value to the owners, compensation of losses to the employers in involving of their employees in other jobs, etc. Search for the balance between public and private law in the conditions of martial law allowed formulating the principle of proportionality in limitation of rights that imposes the inadmissibility of excessive legislative limitation of private sphere by establishing the boundaries of “interference” within it under various possible options of development of an armed conflict. The author underlines the need for determination the types of restrictive measures in various circumstances of an armed conflict, as well as identifies the gaps and collisions in legal regulation of the martial law.

Abstract: This research is dedicated to legal regulation of the sphere of private interests preserved in the conditions of legal regime of the martial law. Comparative analysis demonstrates the need for protecting the private sphere of public relations in terms of the market economy, and primarily private property. Shifting the restrictive measures that existed in Soviet legislation onto the current reality is not fully possible due to the obligation to protect the interests of private sphere of social life, which has not been acknowledged in Soviet State. Examination of stipulated by the federal constitutional law “On Martial Law” limitations of economic rights of the citizens and legal entities, demonstrates its imperfection in part of reimbursement of cost of property value to the owners, compensation of losses to the employers in involving of their employees in other jobs, etc. Search for the balance between public and private law in the conditions of martial law allowed formulating the principle of proportionality in limitation of rights that imposes the inadmissibility of excessive legislative limitation of private sphere by establishing the boundaries of “interference” within it under various possible options of development of an armed conflict. The author underlines the need for determination the types of restrictive measures in various circumstances of an armed conflict, as well as identifies the gaps and collisions in legal regulation of the martial law.

Abstract: The subject of this research is the possibility of application of the generally accepted legal principles in the conditions of martial law. The legislation of the Russian Federation on the questions of state defense, military service, mobilization, and realization of the regime of martial law, universally consolidates alongside the corresponding legislation, such legal regulator as the generally accepted legal principles. It remains unstudied to which extent their content meets the goals and tasks of realization of the aforementioned regime. The international practice in general, demonstrated the ambiguity of interpretation and application of the generally accepted principles of law by the international community. The Russian judicial practice shows that they face certain difficulties in implementation of the generally accepted principles and norms of the international law, indicating just their possible sources. The scientific novelty of this research consists in the necessity of improvement of the theory of generally accepted principles of law, caused by their incompleteness and ambiguity. Due to this fact, the author suggests to amend the Article 2 of the Federal Constitutional Law “On Martial Law” in the parts: “generally accepted principles of law” and “fundamental principles of law”.

Abstract: The subject of this research is the social relations that form in the conditions of martial law. The author examines the concept of legal relations and its structure, as well as separately analyzes all elements of it: participants (subjects), objects, the content of the legal relation, authority of the branches of government, their legal competency, ability to limit the subjective rights and liberties of citizens during martial law, as well as the need to restrict the legal rights of individuals and legal entities. The author justifies the ability to impose additional responsibilities upon the sides of legal relations during martial law. Analysis is conducted on the legal personality of the branches of government authority in modern France and Great Britain. The author substantiates the structure of legal relations of martial law, which consists of subjects, objects, and content, due to which the author proposes the hypothesis on permissibility of limiting the subjective rights and imposing additional responsibility upon the participants of these legal relations.

Abstract: The subject of this research is the social relations that form in the conditions of martial law. The author examines the concept of legal relations and its structure, as well as separately analyzes all elements of it: participants (subjects), objects, the content of the legal relation, authority of the branches of government, their legal competency, ability to limit the subjective rights and liberties of citizens during martial law, as well as the need to restrict the legal rights of individuals and legal entities. The author justifies the ability to impose additional responsibilities upon the sides of legal relations during martial law. Analysis is conducted on the legal personality of the branches of government authority in modern France and Great Britain. The author substantiates the structure of legal relations of martial law, which consists of subjects, objects, and content, due to which the author proposes the hypothesis on permissibility of limiting the subjective rights and imposing additional responsibility upon the participants of these legal relations.