Utyashov E.K. Legal regimes: The concept, features, structure, methods of legal regulation

Abstract: Lack of common understanding of “legal regime” definition in the theory of law creates the need for a deep and comprehensive study of this phenomenon. It has different connotations in various areas of law, and sometimes even contradictory ones. In modern Russia, lawmakers often use this term by attaching it quite a different meaning. For legal scholars, the legal regime means not only the law system, but also the Institute of Law and a set of legal tools; this confuses the logic cognition of legal phenomena. Studies of this subject mainly have branch value; they examine the content and the legal nature of the phenomena in relation to their own subject of legal regulation, without the use of elements of comparative law. According to the results of this work, the author concluded that: 1. Legal regime is a special legal regulation of specific social relations through a set of legal tools, aimed at achieving a result positive for society and the state, in certain relatively short periods of time, usually in situations that are not normal or usual. 2. Legal regimes consist of at least three basic elements; they are legal norms (institutions), legal relations arising in these conditions and acts for the implementation of legal rights and responsibilities. 3. The main feature of the legal regime is that, by definition, it is created, secured and regulated by law; it is based on the law. It is inconceivable outside the legal sphere. There are exemptions for this axiom related to multidimensionality and complexity of a number of modes, such as martial law and state of emergency. 4. Each respective legal regime has its own type and method of legal regulation.

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