THE NECESSARY CONSTITUTIONAL GUARANTEES IN THE TERMS OF THE SPECIAL ADMINISTRATIVE REGIME

Abstract

The article is devoted to the investigation of the necessary constitutional guarantees in the terms of the special administrative regime. In the article the author discusses the importance of definition of additional constitutional guarantees that will ensure sufficient control over the exercise of powers of the executive and will prevent the danger of abuse of power by the executive.

Within the framework of the article, the necessity of defining additional guarantees providing the possibility of effective parliamentary control over the exercise of powers of the executive power under the conditions of the special administrative-legal regime and the problem of revealing the content of those guarantees was discussed. As a result of the analysis, the author concluded that the parliamentary control established by the Constitution should be applied not only when declaring a state of emergency, but also when making amendments in the decision of the Government if the aim is to increase the volume of restrictions on rights and freedoms, to define new measures in the mentioned decisions, which are needed to be adopted. The justification and the underlying information must be presented by the Government in each case, ensuring the implementation of parliamentary control over the measures planned within the framework of the special administrative regime.

In the article, the author also referred to the need to make necessary legislative changes during the special administrative regime and to replace the strictest special administrative regime with the less one in the shortest possible time. Within the framework of this work, the author also discusses some issues regarding the duration and extension of the special administrative regime.

As a result of the research several conclusions and recommendations were made in this article.