Features of legal regulation in the context of a pandemic.

Shmidt Tatiana PhD in Law Associate Professor of the Department of International Economic Relations, Altai State Technical University named after I.I. Polzunov 656038, Russia, Altai Krai, Barnaul, Lenin Ave., 46, office 249 shmitatyana@yandex.ru Other publications by this author

Introduction

The COVID-19 pandemic, which covered all countries of the globe, also came to Russia. The Government of the Russian Federation has adopted certain legislative and other regulatory acts in order to introduce standards for the legal regulation of certain events that were held in Russia in order to minimize the consequences of the spread of the COVID-19 pandemic and the competent organization of the functioning of the economy, enterprises, health authorities, social security, etc. on the territory of the Russian Federation.

The object of the study is the social relations arising within the framework of the regulatory framework in Russia in the context of the COVID-19 pandemic.

The subject of the study is the features of regulatory regulation in the context of the Covid-19 pandemic.

The purpose of this article is to conduct a critical analysis and scientific generalization of the features of regulatory regulation in the Russian Federation in the context of a pandemic. To disclose the purpose of this article, it is necessary to solve the following tasks:

1. to investigate the concept of "special legal regime" in domestic legislation;

2. to analyze the practical aspects of the application of a special legal regime in the context of the COVID-19 pandemic;

3. to determine the impact of the exceptional circumstances of the pandemic on the legal framework of the special legal regime.

Methods and methodology of the study. The study used the Constitution and a set of legislative acts adopted during the coronavirus pandemic. Within the framework of the research methodology, general scientific methods (synthesis, induction-deduction approaches, generalization, etc.) and specialized methods (formal legal, comparative legal, etc.) were used.

The novelty of the study. The study identified key areas of the impact of emergency circumstances on the legal framework during the coronavirus pandemic, the analysis of the impact of which serves as a basis for the subsequent development of legal regulation in such situations.

The main part

1. The concept of "special legal regime" in domestic legislation

Currently, situations often arise that involve the use of special legal instruments to respond to unforeseen, force majeure circumstances. These circumstances create the need to create sets of legal mechanisms, which are sometimes called "emergency law". Such means of regulation can give results in the management of social relations in conditions when standard legal norms are not applicable. ^{[12, p. 47]}

The term "special legal regime" is often used to position such sets of legal instruments. There are many varieties of such regimes, and the systematization of their types is the subject of active discussions.

Without going into the details of the discussions, we highlight the main aspect that plays a major role for our analysis. Exceptional circumstances may arise under the influence of various unexpected factors, such as social changes, natural disasters, biological threats, and others. They may require the application of special legal measures, such as the introduction of states of emergency, the establishment of a military regime, anti-terrorist measures, and so on. Within the framework of our research, it is relevant not so much to study each of these specific legal regimes, as to analyze the existence of extraordinary circumstances that determine the expediency of introducing such regimes and their impact on the legal field as a whole. ^{[5, p. 90]}

The author of this study proceeds from the belief that extraordinary circumstances are situations that go beyond ordinary conditions and are of a force majeure nature, different from what we usually encounter. Despite the fact that each of the above legal regimes is usually an established mechanism with a clear set of legal instruments, in situations of emergency, this static system by default receives an impulse for progress, taking into account the prevailing circumstances. It should also be noted that the mentioned regimes may not be applied at all, which leads to the creation of a completely unique mechanism that is formed under the influence of exceptional circumstances at the moment.

Unforeseen circumstances may arise due to two types of exceptional situations. The first type is associated with deliberate socially dangerous actions of citizens, while the second is formed independently of human intentions and consciousness as a result of disasters, natural disasters and other similar events, including pandemics. The first type of emergency needs to be positioned in terms of social factors that influence the formation of legal norms and legislative frameworks, while the second type is associated with natural causes. ^{[4, p. 13]}

A good example of the circumstances of the second type can be considered the global coronavirus pandemic, which changed the established order of life of the population and significantly affected the legal framework and restrictions. Despite the fact that the coronavirus pandemic is a particular manifestation of exceptional circumstances, it can be positioned as a traditional type of natural events. The study of its impact on the scope and content of the legal framework makes it possible to formulate conclusions and improve the result of the legal mechanism in similar circumstances in the future.

Before forming the key vectors of the impact of coronavirus, as an exceptional event that caused the emergence of exceptional conditions on the legal framework, it is important to consider the concept of "legal framework" in more detail.

The legal framework should be positioned as a general term consisting of two main elements - the framework of the legal field and the framework of the subject of legislative regulation. The limits of the legal field are the restrictions within which the measures established by law in the field of social interactions are implemented. The framework of the subject of legislative regulation is the framework in which the legislatively established influence on social relations is carried out, taking into account objective and subjective conditions. It is important to emphasize that both elements of the legal framework are divided into natural, delimiting the area of legal action from the area of human existence, subject to the forces of nature, and public, delimiting the area of legal action from other areas of public administration, not involving the application of normative legal acts. ^{[1, p. 29]}

Within the sphere of legal regulation, internal restrictions are noted, which differ depending on the indicator used for structuring. This indicator may include the subject of regulation, the means and tools used, legislative acts and other indicators.

2. Special legal regime in the context of the COVID-19 pandemic

The coronavirus has had a serious impact both on the framework in the field of legal regulation and on the scope of the subject of legislative intervention. In a situation such as a pandemic, which has an exceptional character, the dynamic framework of legal impact is accelerated even more. The manifestation of this dynamic is a change in the external social framework in the field of legal intervention, which naturally leads to an increase in the boundaries of the subject of such influence. ^{[10, p. 23]}

The boundaries of legal influence are determined by social interaction, which has a legal basis. To determine this basis, indicators are used, including those applicable to the formation of the framework of social norms and areas of human life subordinate to the forces of nature. Such indicators are the presence of an element of will in social interactions and the availability of alternative options for action. Such social interactions should have features that are characteristic exclusively for legal relations - the ability to social control and focus on satisfying traditional, socially significant goals.

The coronavirus has led to significant changes in traditional, socially significant goals. Most of them, which were not previously characterized by social significance and the possibility of conflict formation, have acquired corresponding signs. This, in turn, led to the development of the field of legal impact and the inclusion of new aspects in the object of regulatory regulation. ^{[7, p. 239]}

In normal circumstances, the movement of an individual, according to article 27 of the Constitution, is considered as his personal freedom, and in this regard, the time, location and final point of his movement are considered as issues beyond legal intervention. However, in the context of a pandemic, such personal and private areas of human life as displacement and others, which are usually present exclusively in the field of self-regulation, become potentially conflicting and socially significant, falling under the influence of legal intervention by the state.

A similar situation has arisen in the context of ensuring social distance. In normal times, this aspect was regulated within society and was not subject to legislative regulation. However, in the conditions of COVID-2019, the need for the formation of new legal norms has formed. In this regard, a resolution was adopted regulating the observance of social distance in the Russian Federation.

It should be taken into account that the development of the field and the subject of legal intervention is dictated by the impact of the COVID-2019 pandemic on the modification of traditional, socially significant spheres that form the foundation of legal relations. At the same time, these relationships usually provide the potential for control and monitoring. It is important to note that these two aspects do not always agree with each other. For example, an increase in socially significant contradictory goals does not always mean that the authorities are able to effectively control them within the framework of legal influence.

In these circumstances, the legal impact on society actually complements the already established regulatory framework and self-regulating elements. The introduction of new legal norms in this area rather strengthens the existing mechanisms than creates something new. For example, during this period we see an increase in advisory and pointing influence, which, as a "soft right", acts more through moral and ethical influences on society and individuals. This can be seen, for example, in the organization of preventive measures of the COVID-19 pandemic and advice for legal entities in a situation of increased risk of its growth. This is also a specific feature of the impact of coronavirus on the framework of legal impact. ^{[9, p. 652]}

The advisory and pointing influence, which is a quasi-legal mechanism, in this context is based on moral and ethical norms, to a greater extent than on strict legal responsibility. This is due to the fact that in situations where legal regulation penetrates into areas that have traditionally relied on non-legal self-regulation and morality and where there is no possibility of full control, social legitimacy and the adoption of state measures by the people become more important than laws.

In addition to the simultaneous development of the framework in the field and subject of legal impact, we can see an increase in the scope of application of legal norms that go beyond the traditional legislative intervention.

A distinctive example of the effect of such a trend is Article 19 of the Law No. 98-FZ of April 1, 2020, which introduced amendments to a number of regulatory legal acts related to the prevention and elimination of exceptional circumstances. This article was aimed at meeting the needs of tenants, giving them the opportunity to request a reduction in fees for leased properties during 2020. However, she left aside the requests of the other side of this business - landlords. This gives the impression that the authorities have rushed to intervene in an area where self-regulation mechanisms could more effectively take into account the needs and requests of both sides. This situation has a significant connection with the specifics of the legislative process. In this case, the specifics are positioned as a lack of development of an up-to-date legislative strategy, since it provokes risks of exceeding the boundaries of traditional legal regulation. As a result, in exceptional circumstances, there is an inevitable tendency in legislation to follow the circumstances, and at the same time the level of risk of exceeding the scope of application of legal norms may increase, which, in turn, increases the risk of excessive legal regulation. ^{[2, p. 55]}

As mentioned earlier, the impact of coronavirus covers a variety of types and directions of restrictions imposed by the legal system. In this context, a number of significant promising patterns can be traced. First of all, it is characterized by a revision of the balance between imperative and administrative influence. The pandemic has certainly caused changes in the relative harmony between these two forms of regulatory impact in the context of specific legal mechanisms. Some legal scholars believe that "in exceptional circumstances, prohibitions and restrictions should prevail."

Nevertheless, this statement seems too categorical, and the practice of legislative influence during the coronavirus pandemic proves its insufficient validity.

On the one hand, we can observe a tendency to revise detailed and mandatory norms in favor of more flexible and liberal solutions. A good example is the simplification of processes related to state and municipal procurement. This dynamic was mainly dictated by limited time and the high need for rapid satisfaction of the requests of various parties.

However, the increase in the inconsistency of requests, which we have already mentioned, inevitably leads to an increase in mandatory norms, including the expansion of the scope for which legal responsibility is provided and the introduction of additional measures aimed at increasing it. Such measures include tougher legal consequences for ignoring established norms.

3. The impact of the exceptional circumstances of the pandemic on the legal framework of the special legal regime.

These modifications are obvious and inevitable, due to the development and evolution of social relationships in exceptional situations, which is a reasonable motive for redefining the boundaries between mandatory and voluntary norms of law. However, one should not ignore the influence of subjective factors, since they are largely shaped by the directions and priorities that the authorities set for themselves in emergency situations. It is obvious that the strategies and priorities of the authorities in such situations begin to change significantly under the influence of social dynamics. ^{[6, p. 19]}

The scope of application of legal norms has also changed in the light of the coronavirus pandemic, which has resulted in the formation of a so-called "cyclical legal segment", which is aimed at eliminating COVID-19 and reducing its impact on society.

The above legal category is unconventional legislative constructions that are embedded in the existing legal mechanism, affect its context and strategic vectors, and also have great significance for both authorities and the population, without being autonomous. Examples of such segments are anti-corruption legislation and the legal framework governing the formation and strategies of the domestic digital economy.

The formation of these segments, including those directed against the pandemic, causes the "mixing" of the usual areas of legal regulation and raises the question of the need for further analysis of this mechanism. It should be emphasized that this process needs to be positioned independently of the already current negative trend of "mixing" legal areas, which consists in an attempt to integrate norms affecting social relations into homogeneous legislative categories, even if they do not fall under the sphere of legal influence on a specific area, which ultimately can undermine the internal legal integrity and complexity is a sign without which their functioning becomes meaningless. ^{[11, p. 144]}

The impact of COVID-19 also affected the change in the boundary between legislative and by-laws. When considering the question of balancing their roles, it is advisable to identify the following points: a reasonable definition of the boundaries between the first and second levels of normative legal acts; the reality of the withdrawal of the second level of normative legal acts beyond the scope of the subject of legal influence. Both of these points have become relevant in the context of COVID-19.

This situation is explained, first of all, by the need to quickly respond to the solution of a number of significant problems for the population, which, in essence, require the modernization of the legal field. For example, as of July 2020, under the conditions of active exposure to coronavirus, the number of regulatory legal acts of the second level was more than 10 times higher than the number of adopted acts of the first level. Yu.A. Tikhomirov points out that these measures, as a rule, require the use of special "assignment" norms, since these norms help to cope with exceptional force majeure events, in particular, environmental disasters, economic imbalances, pandemics and so on.

In addition, it is important to note that extraordinary circumstances, such as a pandemic, make changes to traditional factors that should be used to develop legislation. One of these factors, which legislative bodies usually rely on, is consistency in managed areas, defined as reliability and some consistency. At the same time, in exceptional situations that are temporary in nature, this factor may cease to be fair and disrupt the legal balance. ^{[3, p. 233]}

Consequently, exceptional circumstances have a significant impact on the legal framework. Such circumstances are caused both by social actions and by the forces of nature. A good example of the impact of the forces of nature is the coronavirus, which is positioned as a traditional case of an exceptional situation of natural origin.

The impact of coronavirus on the legal framework is expressed in several aspects: the development of the scope of legal impact, accompanied by an increase in the sphere of influence; the exit of the subject of legal impact beyond the traditional areas; an increase in the number of quasi-legal norms, which are rather recommendations and advice; transformation of the distinction between mandatory and additional norms of legal impact; smoothing the boundaries between different areas of law through the formation of new "cyclical legal segments"; modification of the balance between laws and by-laws. ^{[8, p. 23]}

Conclusions

Taking into account objective and subjective factors influencing the definition of the boundaries of legal regulation, the study of the impact of coronavirus as an exceptional natural phenomenon can help legislators to take into account this experience and improve legal regulation in possible similar situations. In the context of the increasing likelihood of such circumstances, "emergency lawmaking" and "management in exceptional situations" may require the development of special standards and consistent actions for a rapid transition to emergency legal norms in accordance with strategic scenarios.

It should also be noted that the author of this article presented a classification of aspects of the impact of coronavirus infection during the Covid-19 pandemic on the development of the scope of legal impact, including: the departure of the subject of legal impact beyond the traditional areas; an increase in the number of quasi-legal norms, which are rather recommendations and advice; transformation of the distinction between mandatory and additional norms of legal impact; smoothing the boundaries between different areas of law through the formation of new "cyclical legal segments"; modification of the balance between laws and by-laws.