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Title

Administrative Mechanisms for Public Health Protection During the Spread of COVID-19 and Their Impact on the Development of Legal Regulation of Social Relations

Author

Tatyana Stanislavovna Bastrykina, Stepan Alexandrovich Popov, Sergey Sergeevich Zenin, Olga Aleksandrovna Kovaleva, Nikolay V. Parshin, and Aleksey Valeryevich Novikov6

Citation

Vol. 22  No. 5  pp. 401-406

Abstract

The study examines the legal nature of administrative measures to curb the COVID-19 pandemic and their impact on the development of law. The recognition of the global spread of COVID-19 as a pandemic by the World Health Organization led to the adoption of large-scale administrative measures around the world to minimize the effect of the pandemic on public health. In the Russian Federation, these measures are expressed in the form of a special legal regime ? a high-readiness regime. The purpose of the paper is to reveal various aspects of the impact of administrative measures for the protection of public health during the pandemic on the trends in the development of law as a regulator of public relations. To achieve the set goal, the study addresses the following objectives: the concept of public health is examined as a category that requires comprehensive support on the part of the state, the dynamics of law-making activities of Russian authorities in the course of the pandemic are analyzed; the measures adopted to preserve public health in the spread of COVID-19 that are associated with the restriction of certain constitutional rights of citizens are examined. A comparative study of anti-COVID restrictions in different countries of the world is carried out, their categories depending on the degree of severity are identified. The influence of the restrictions on the development of legal regulation of social relations is studied. An argument is presented that the imperative method of permissive type of regulation is predominant in the fight against the pandemic. The problem of admissibility of limitation of certain constitutional rights of citizens when introducing anti-COVID restrictions is analyzed. Based on the results of the study, proposals are formulated to bring in line the fundamental acts on human rights and the new legislation on the protection of public health.

Keywords

Pandemic, public health protection, restrictive measures, right to life, freedom of movement, legal regulation.

URL

http://paper.ijcsns.org/07_book/202205/20220557.pdf