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The scientific article studied and explained the content of the legal normative bases of the activity of the state border protection bodies of the State Border Guard Service of Ukraine during the implementation of measures of the legal regime of emergency. This problem is understudied. With the help of general and special methods of scientific knowledge, the authors researched the laws of Ukraine, current subordinate legal acts and scientific sources that regulate the content of the activities of the state border protection bodies of the State Border Guard Service of Ukraine regarding the implementation of measures of the legal state of emergency. The researchers found out the content and features of the legal provision that determines the type and limits of the official actions of the state border protection bodies of the State Border Guard Service of Ukraine aimed at implementing the measures of the legal emergency regime. It has been established that the measures of the legal state of emergency, in the implementation of which the state border protection authorities take part, determine the possibility, necessity and grounds for the exercise of the powers of the State Border Guard Service of Ukraine. During emergency situations, in the event of the introduction of appropriate modes of operation of the system of protection of the population and territories within the areas of responsibility, the state border protection authorities carry out various forms and methods of official measures. Depending on the situation, the degree of spread of a predicted or an emergency situation that has arisen within a specific territory, in accordance with the procedure established by law, the appropriate mode of operation of the population and territory protection system is introduced, which determines the share of the state border protection authorities' participation in their elimination. The authors come to the conclusion that the provisions of the regulatory legal acts that determine the duties of the state border protection authorities during the implementation of measures of the legal state of emergency and the general procedure for their actions in emergency situations are implemented in the event of the introduction of the appropriate modes of operation of the system of protection of the population and territories within areas of responsibility of state border protection authorities. Their activities are closely related to the performance of the functions of the State Border Guard Service of Ukraine. [ABSTRACT FROM AUTHOR]

During the occurrence of the Covid-19 pandemic, the laws made by the House of Representatives of the Republic of Indonesia (DPR) as a legislative body, ideally, should not cease to reflect society's needs pursuant to the realisation of the representation principle. In analysing the fulfilment of such an ideal conception with the reality of its implementation, this paper aims to discuss the trends and discourses regarding the laws made by DPR, as a balancing power to the presidential body, during the pandemic as a new state of emergency. The authors would like to scrutinise the trend of laws passed by the DPR in various sectors, both quantitatively by evaluating the number of outcomes and qualitatively by observing the issues raised during the law-making process. Finally, this paper finds that the DPR still falls short of expectations on ensuring the actualisation of a democratic law-making process amidst the pandemic. [ABSTRACT FROM AUTHOR]

In this article we analyzed the international legal experience of implementing measures to ensure criminal proceedings in the conditions of special periods, and we formulated proposals for improving this area of legal regulation in the criminal process of Ukraine. We highlighted the experiences of Lithuania, Estonia, Armenia and Turkey regarding detention and detention during special periods. We investigated how courts provided during special periods in Estonia, Latvia, Georgia, Turkey, France and Ukraine. We have described the regulatory and legal regulation of Latvia, Lithuania and Estonia regarding some aspects of the criminal process in the conditions of special periods of legislation. We have studied the legislation of Latvia, which specifies the choice of the simplest type of criminal process during martial law. We think that corresponds to the specific circumstances of the martial law and it is also the most adaptable to the circumstances of a special period and non-bureaucratized. We analyzed the specifics of the application of preventive measures against military personnel on the example of Kazakhstan, Tajikistan, Turkmenistan, Moldova, Armenia, Georgia, and Israel. We have concluded that, based on the results of the analysis of the experience of foreign countries in the implementation of measures to ensure criminal proceedings in special periods, it is possible to formulate such proposals for the improvement of the relevant sphere of legal regulation in the criminal process of Ukraine. We propose to review the duration of detention of persons in conditions of special periods - following the example of Lithuania, Estonia, Armenia and Turkey. We also plan to introduce the possibility of choosing the simplest type of criminal process that corresponds to specific circumstances - following the example of Latvia. We propose to introduce special types of preventive measures against military personnel who are able to ensure the performance of the tasks of criminal proceedings. Nevertheless, such measures should not be associated with deprivation of liberty, minimally limit rights and freedoms, and not have a negative impact on the state’s defense capability – following the example of Kazakhstan, Tajikistan, Turkmenistan, Moldova, Armenia, Georgia and Israel. [ABSTRACT FROM AUTHOR]

Utilizing 336 documents of administrative punishment decisions on fabricating COVID-19 rumors in Zhejiang province between December 2019 and December 2022, this article explores the effects of three sets of factors on the severity of administrative punishment. Empirical results suggest that administrative punishment for COVID-19 rumors is an ad hoc administrative measure only utilized in a state of emergency when the Chinese government implemented the "dynamic zero-case" policy. While it did not directly contravene existing Chinese laws, such a type of punishment practice represented the expansive trend of administrative punishment power. It caused tension with the current legal system. The expansion of administrative power manifested through the broadened scope of punishable false speech, lowered criteria of public order disruption, and lowered punishable criteria of offenders' intent. Given that the Chinese society (as any other societies) periodically enters a state of emergency, it is necessary to consider how to maintain a dynamic balance between the abnormal exercise of administrative power and the protection of individual's basic rights when the emergency reappears. This article advances the understanding of the dynamics surrounding administrative punishment for rumors and furnishes policy and legal recommendations for employing administrative measures in rumor control during national emergencies. [ABSTRACT FROM AUTHOR]

The scientific article explored various aspects of limitations on human rights and freedoms, including their classification, mechanisms, and application features. The article highlighted the distinction between direct restrictions on rights and limitations on their implementation, as well as voluntary and compulsory limitations. The main principle of the study was to ensure a balance between the protection of individual rights and the state’s need to ensure security and order. Various types of limitations that may arise in times of war or emergency were analyzed in detail, taking into account their legality, proportionality, and justification. Restrictions on human rights are only temporary in nature. Human rights can be limited only if this is directly provided for by the Constitution of Ukraine and does not contradict the norms of international law. Only in this case, restrictions can be considered legitimate and legal. It is also necessary to say that from the point of view of practical application, the problem of the relationship between private rights and state activity is particularly important for constitutional law: on the one hand, the state, and on the other, a person. We mean that the state is created by people for themselves, in order to protect their rights, but again, the state arises as a response to the inability of human society to live without it, without its power and limitations, the state becomes, as it were, the highest manifestation of social organization and order, the only guarantor of security, stability and development. To date, the issue of restrictions on human and citizen rights in the rule of law by state authorities has become the most urgent. The main facts of violation of human and citizen rights are violations by the state, as well as violations by individuals. The legislation of Ukraine stipulates that the rights and freedoms of a person and a citizen can be limited only to the extent that it is necessary for the security of the state, the population and the defense of the country. Therefore, the establishment of certain prohibitions caused by the specified legal regime should be of an exclusively temporary nature. The article also discussed the classification of human rights based on their content and the possibility of limitation, providing a basis for further research in this area. Thus, important aspects of restricting human and citizen rights were revealed, contributing to an understanding of their essence and scope. [ABSTRACT FROM AUTHOR]

Purpose: This paper analyses the impact of the state of emergency declared during the Covid-19 pandemic on public administration, specifically focusing on the Czech Republic. It aims to understand the correlation between the rule of law, the legitimacy of measures taken during the pandemic, and the public's willingness to comply with these measures. Design/Methodology/Approach: The paper employs a comparative study design, examining the consistency of pandemic measures with the core principles of the rule of law - legality, proportionality, and legitimate expectations. The study focuses on measures that restrict rights (e.g., right to education) and those that, conversely, grant rights (e.g., decisions on compensation bonuses). The methodology involves an analysis of the relevant case law, administrative practice, and data from several databases. Findings: The study reveals frequent breaches of legality and proportionality, both in the restriction and granting of rights. Findings indicate that the public's willingness to comply with measures decreased when these were perceived as illegitimate. This was evident in the Czech Republic where, despite the persistence of most measures, the situation worsened during the autumn 2020 and spring 2021 waves of the pandemic. Practical Implications: The findings of this study have significant implications for public administration and policymaking, especially during times of crisis and declared state of emergency. The results highlight the importance of maintaining the rule of law and ensuring the legitimacy of public compliance measures. The study suggests that disregard for these principles can lead to a decline in public trust and cooperation, exacerbating the crisis. Originality/Value: This paper provides a unique perspective on the management of the Covid-19 pandemic, linking the rule of law with public compliance. It offers valuable insights for governments and policymakers on the importance of maintaining legality and proportionality in their measures, and the potential consequences of their disregard. What sets this study apart is its comprehensive analysis of both cases where rights were reduced (such as limitations of the right to education) and cases where rights were provided (such as the granting of compensation bonuses). This dual-focused approach offers a more holistic view of the impact of governmental measures during the pandemic. The study's findings contribute to the broader understanding of crisis management and the role of public administration. This comprehensive approach enhances the originality and value of the research, making it a significant contribution to the field. [ABSTRACT FROM AUTHOR]

This paper analyzes some human rights restrictions due to the COVID-19 pandemic. At the beginning of 2020, the world faced a situation that caused a global imbalance at all levels. It was not just a public health crisis, but also a situation that brought about an economic, social, and humanitarian crisis. The pandemic, as an extraordinary situation, forced the limitation of some fundamental freedoms and rights, such as freedom of movement, assembly, religion, information, etc. which greatly affect the dignity of individuals. In the first part of the paper, we will extensively discuss when measures to limit human rights can be taken, and what the exceptional situations for their limitation are, specifically addressing the extraordinary situation of the COVID-19 pandemic. At the end of the paper, we will raise some issues for discussion and conclusion, which should receive great attention from all national and international political, economic, and social actors. [ABSTRACT FROM AUTHOR]

(Series Information) European Papers - A Journal on Law and Integration, 2024 9(2), 513-527 | Article | (Table of Contents) I. Introduction. – II. The rise of executive migration governance in the EU. – III. Emergency: when soft law creates law. The example of the hotspots. – IV. From emergency to exception: on the abnormal normalisation of executive governance. – V. Conclusion. | (Abstract) : In the name of effectiveness, European Union (EU) governance has long departed from the traditional approach of governing through law, venturing onto new paths of making and discharging policies across different policy fields. Through new and creative governance, networked governance, and gov-ernance through agencies, flexibility and functionalism have become the new paradigms of EU govern-ance. This is particularly striking in the interiors area, including internal security and migration, where the fuzziness of the constitutional framework leaves wide margins to new governance approaches to intervene to “fill the gaps”. Failing to achieve harmonization through law (because of the high sovereign sensitivity and politicization), EU governance turned to harmonization through practices, trying to in-crease trust and boost cooperation on a practical level playing field. While legislative production regu-lating the core of EU asylum and migration is still scarce (i.e., regulating the substance of migration), hard law provisions mushroom when it comes to empowering agencies, regulating operational cooper-ation, or harmonizing practices across the EU (i.e., regulating the administration of migration). The ac-tual management of migration occurs then within this latter executive/administrative dimension. Ana-lysing (executive) migration governance in terms of whether it achieved its original intents (effective-ness and depoliticization) would only tell something about its goodness of fit, and little about its good-ness. In light of the incessant crises that have hit the EU, this Article reflects on the close-to-Schmittian state of exception, that is fuelling an increasingly creative governance in the Union.

Over the past few decades, governments have increasingly employed extraordinary measures in their legal and political decision-making processes. These measures often align with the contemporary risk management approach grounded in the precautionary principle. This shift can be attributed to the uncertain nature of recent times, marked by various viral outbreaks, most notably the enduring COVID-19 pandemic. Furthermore, in the context of governmentality, which represents a modern and postemergency response to pandemics, governments have favoured the enactment of 'exceptional laws' (Ausnahmegesetze) over the declaration of a 'state of exception' (Ausnahmezustand). This choice is made to uphold their commitment to democratic values and the rule of law. This article claims that the current approach to legislating precautionary-principle-based laws through exceptional laws represents backsliding in terms of upholding the rule of law. Consequently, it emphasises the need to prevent any erosion of the rule of law and its potential consequences for human rights. To address this concern, the article advocates moving beyond a mere focus on legality and instead scrutinising these laws through the lens of legitimacy. [ABSTRACT FROM AUTHOR]

The argument that choosing a legislative model will strengthen Parliament's checks and balances in an emergency has not been proven in Indonesia. Due to the high president's constitutional legislative power, combined with his coalition supported by a majority of parliamentarians in Covid-19 emergency, left parliament to serve much of the executive's agenda. This paper compares the law-making process in the parliamentary period before and during the pandemic. Extreme partisan power will allow the executive to control the legislative agenda and weaken Parliament's legislative power under the pretext of the Covid-19 pandemic emergency. The 'legislative model' is no longer viable; instead, various laws have been passed, unrelated to Covid-19. [ABSTRACT FROM AUTHOR]

Minorities are particularly vulnerable during times of emergency, particularly those that challenge the state. However, it is not understood how minorities can be targeted through emergency decrees despite the government agreeing they had nothing to do with the reasons for declaring the state of emergency. The Turkish emergency in 2016 highlights this little-understood tendency where the government constructed an emergency around a threat from coup plotters, but then much of the subsequent extraordinary legislation targeted the Kurdish minority. We argue that this was possible because the Turkish government engaged in modular emergency rule. Modular emergency rule combines modes of ordinary rule with emergency powers, thus blurring the boundaries between the two. Emergency measures were laid on top of already existing policies that sought to restrict Kurdish politics in public life. In this way, modular emergency rule became more than just a transient form of government. [ABSTRACT FROM AUTHOR]

The purpose of this study is to quantify the effect of the closure of daycare facilities during the early stage of the coronavirus disease 2019 pandemic on the stress of parents with preschool children. Using household panel data collected before and after the pandemic, we estimated difference-in-differences models and their extensions. Our empirical results show that the closure of daycare facilities significantly worsened parental stress as measured by the Kessler Psychological Distress Scale. The negative effects of daycare closures on parental stress levels were greater for mothers, non-regular workers, and households with relatively older children. In contrast, on parents in metropolitan areas or those with younger children, no significant effects of daycare closures were observed. We discuss the two conflicting pathways—the increased childcare burden and the decreased risk of children's infection—through which daycare closures affected parental distress, interpret the heterogeneous effects accordingly, and provide policy implications. Our results suggest that a risk-based, local closure policy could have been effective in reducing parental stress during the emergency. [ABSTRACT FROM AUTHOR]

Copyright of Eurasian Journal of International Law is the property of L.N. Gumilyov Eurasian National University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

During the COVID-19 pandemic, the Democratic People's Republic of Korea adopted the Emergency Communicable Disease Control Act. The DPRK's legislative response is noteworthy in five dimensions: effectiveness of communicable disease control; predictability of the authority's response; response to emerging non-traditional security challenges; development of legal techniques; and the role of law in the society. Several provisions in the Act however prompt questions about its compliance with international human rights norms, concerning the threshold for declaring a state of emergency, the proportionality of measures, and the prohibition of discrimination. The article explores whether this legislative response leads forward or backward for the DPRK. [ABSTRACT FROM AUTHOR]

AbstractThis article studies the securitization of migration in times of crisis: the ‘crisification of migration’. In the past couple of decades, there have been three-time frames within the European Union in which insecurity has spread across the population due to a series of events such as terrorist threats, incoming massive refugee flows, or the spread of viruses threatening our health. These events have been marked by feelings of insecurity, reinforced by political and media discourses signaling a particular group of individuals as being the source of these threats to social and national security: migrants. The paper studies this process of ‘crisification’ of migration during the War on Terror, the refugee crisis, and the Coronavirus pandemic. It also studies the role of private actors in framing migration as a security threat and designing policies promoting instability, which later on justify the application of more restrictive measures and higher security controls. One of the most important consequences of these practices is the deterioration of the rights of migrants.

The study investigated how the changes in the hours spent at home during the COVID-19 pandemic affected the Tokyo Toyosu bluefin, bigeye, and yellowfin tuna markets. Applying the nonlinear autoregressive distributed lag (NARDL) price models for the three tuna products during the four state of emergency (SOE) periods between 2020 and 2021 in Tokyo, the study reveals that an increase in the hours of stay-at-home during the first SOE had an adverse impact on all three tuna prices in the long run. The study also finds that for the bluefin tuna, an increase in the hours of stay at home had a positive impact on price in the short run when the hours of stay at home were increasing during the first SOE. This suggests that there were times when household demand for bluefin tuna increased while people spent longer in their homes during the SOE period. [ABSTRACT FROM AUTHOR]

This article compares secular judicial law and canon judicial law on the basis of the distinction (present in both) between an ordinary situation and an emergency situation. This perspective enables an understanding of a "two-speed system" in canon law. Ordinary canonical justice has consistently and effectively asserted and continues to assert the independence of the judiciary, the quality of justice, as well as the efficiency of their processes. There is also canonical justice that is exercised largely by the executive authority; this is a consequence of a weakening of the sense of Church as society, in general, and because of the recent abuse scandals, in particular. Entrusting justice to the executive authority may be understood as a "state of emergency". However, the "justification" for this shift to executive authority requires three conditions, which are also encompassed by secular law: temporariness, proportionality, and suitability. [ABSTRACT FROM AUTHOR]

The concept of a state of emergency, which is the subject of this study, was regulated by the 1991 Constitution of the Republic of North Macedonia in terms of its declaration conditions, competent authorities, duration, and legal nature. The study also explores the legal discussion surrounding the measures taken during the Covid-19 pandemic period, which restricted many personal rights and freedoms. In this regard, the study will examine how the Constitutional Court's decisions have prioritized public health over personal rights, acknowledging that fundamental rights may be restricted through measures implemented during a state of emergency, which is considered an exceptional situation. These measures, including the curfew, have been implemented not only in North Macedonia but also in many countries around the world. Among these measures, the curfew stands out as the most significant. This study will analyze the impact of the curfew on fundamental rights and freedoms from the perspective of constitutional law, focusing on the decisions of the Constitutional Court. Additionally, the study will evaluate the legal nature of the state of emergency in the Republic of North Macedonia, including the roles of authorized institutions, the duration of the state of emergency, and the measures to be taken, all within the framework of constitutional norms. To achieve this, the study employs a literature review method, utilizing both written book sources and journal articles indexed in Scopus and Ebsco. The primary sources for this study include Constitutional Court decisions, state of emergency decrees, and relevant constitutional and legal norms. [ABSTRACT FROM AUTHOR]

The paper presents Giorgio Agamben's philosophical-social stance in analyzing the particular situation of the pandemic. The latter is considered in terms of the power associated with biomedical expertise (biopower). The predisposition of the disciplines of knowledge to transcend their epistemic limitations, along with the interest of power in preserving life at all costs in the conditions of a perennial state of emergency, presents the human being as stripped of sociality and emotionality. Agamben's skepticism of measures and medical expertise during the pandemic is founded on a philosophical postulate: Human life cannot be protected at all costs, without stripping it of its very essence. As a consequence, the social inscribed in the condition of a perennial state of emergency, transcend the ethical and human limits of the human condition. Most of these scenarios are examined using gestures, figures, and social practices such as extreme social isolation, quarantine, and the prohibition of funeral ceremonies. Many of these social practices lost their meaning and function during the pandemic, suspending the individual and paralyzing the social body. Agamben's critical theory, from this perspective, preserves the dimensions of sociality, affection, dignity, and individuality as inviolable and defining elements of a human being. [ABSTRACT FROM AUTHOR]

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Nayib Bukele has been unconstitutionally re-elected as President of El Salvador. His government can rely on a hegemonic party system that presents a façade of democracy but denies opposition parties any real power. The elections followed an unparalleled subversion of democratic institutions and processes, carried out to consolidate the Central American leader's electoral autocracy. Bukele claims popular legitimacy, but he has used his rule to eliminate checks and balances, manipulate the independence of the judiciary and the state administration, and stifle press freedom. Behind his grip on authority lies a desire to achieve political and economic influence for the Bukele family and an aspiring business elite associated with it. The President has built his popularity as a political leader through the spectacularization of a state of emergency. Ostensibly a crackdown on gangs, the measure is being used to arbitrarily detain citizens and repress critical voices. Bukele manages El Salvador's security crisis not to reduce violence, but to bolster support for his regime. [ABSTRACT FROM AUTHOR]

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Background and objective: Nursing homes are threatened by external and internal threats, effect of which may result in a crisis situation (state of emergency). While managing an already existing emergency, it is necessary to create conditions allowing the elderly to maintain their fundamental human and civil rights. Any interference with human and civil rights is acceptable only in a state of emergency when crisis measures are applied. Social isolation was one of the emergency measures within the Covid-19 pandemics and involuntary social isolation may result in one's state of depression. To eliminate this prediction, it is necessary to create such conditions that enable the elderly to maintain their basic human needs as well as civil rights. The authors therefore aim to identify and evaluate the effectiveness of possible alternative communication tools and strategies in the nursing homes along with the ways of a potential reduction of negative effects of social contacts restrictions. Methods: On the basis of an online questionnaire, a community of experts evaluated alternative communication tools on a scale from 1 to 5, considering three factors: 1. benefit for the elderly; 2. financial requirements for purchasing/provision for a nursing home; 3. organization requirements for a nursing home. A cost-benefit evaluation was performed to determine a ranking of individual alternative tools. Results: The acquired results of questionnaire survey served as a tool to determine the ranking of importance of individual alternative communication tools that are feasible depending on specific conditions of a nursing home. Conclusion: The research identified useful tools that may help in the nursing homes to mitigate the impacts resulting from restrictions applied in the state of emergency and associated initiatives in the field of mental health. [ABSTRACT FROM AUTHOR]

Copyright of Zeszyty Prawnicze Biuro Analiz Sejmowej is the property of Kancelaria Sejmu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This text traces the survival of St Paul messianism at various different landmarks in political philosophy, social activism and contemporary art practices. It takes the critical reconsideration of the concept of class as its starting point, showing us how it left behind the egalitarian universalism of the radical and interracial policy of early modernity (the transoceanic proletariat) to become a stable and discriminatory identity (the national working classes) designed to address the conflict between capital and labour. From this perspective, the second part of the article analyses the way in which recent social movements, inspired by the operaista rejection of Fordist work, are trying to go beyond the structural configuration of modern experience in which work and aesthetics have a key function.

After the failed coup attempt on July 15, 2016, Turkey rapidly adjusted its national security strategies to align with the principles of a security state, resulting in a notable increase in human rights violations during the declared State of Emergency. Enforced disappearances, previously used by the State against Kurdish dissidents in the 1990s, resurfaced as a brutal method in the name of "State survival" following the failed coup attempt. This research examined the systematic and organized nature of these enforced disappearances, their prevalence, specific targets, and the human rights abuses resulting from this practice. Twenty cases of enforced disappearances that occurred after July 15, 2016, were analyzed to achieve this. Three main themes emerged from the analysis: (1) enforced disappearance methods, (2) ineffective investigation, (3) torture. The examination revealed that enforced disappearances followed a systematic and widespread pattern. The narratives highlighted commonalities in the methods of disappearances, a preference for individuals affiliated with the Gülen Movement, and the subjecting of victims to severe violations, including torture. Fundamental human rights should have remained non-derogable even during the State of Emergency, as international human rights treaties to which the Turkish State is a signatory protect them. [ABSTRACT FROM AUTHOR]

The scientific article studied and explained the content of the legal and regulatory grounds for the use of weapons by ships, boats and support vessels of the State Border Guard Service of Ukraine. This problem is understudied. With the help of general and special methods of scientific knowledge, the authors have researched the laws of Ukraine, current subordinate legal acts and scientific sources that regulate the grounds for the use of weapons of ships, boats and support vessels of the State Border Guard Service of Ukraine. The work clarified the content and features of the legal support for the use of weapons of ships, boats and vessels. It has been established that the measures of the legal regime of martial law or a state of emergency, in the implementation of which the state border protection authorities take part, determine the possibility, necessity and grounds for the use of weapons by ships, boats and support vessels of the State Border Guard Service of Ukraine. Most of the reasons for the use of the weapons of ships and boats can be aimed at ensuring the measures of the legal regime of war, and in some cases, the state of emergency. In such conditions, the subordination of ships, boats and support vessels of the State Border Service of Ukraine may change, which determines the entity that grants permission to use their weapons after a warning. The authors come to the conclusion that the reasons for the use of weapons by ships, boats and vessels of the State Border Guard Service of Ukraine, which are defined in the laws of Ukraine, are aimed at the forcible termination of offenses and crimes, ensuring compliance with measures of martial law and state of emergency. The blanket form of the norms regulating the grounds for the use of weapons on ships and boats makes it necessary to refer to other laws and subordinate legal acts of Ukraine and to take into account the specifics of the law enforcement, service and combat activities of the State Border Guard Service of Ukraine and the conditions of the legal regime of martial law or a state of emergency. [ABSTRACT FROM AUTHOR]

In this study, an attempt will be made to draw a general framework on the main characteristics of democracy in Türkiye by identifying both the conceptions of law and politics of the current political parties and the judges of the higher courts in Türkiye and the position of freedoms through the rule of law and the functioning of justice. For this purpose, data was collected through in-depth interviews with MPs (16) elected from the 27th Legislative Period Parliament and jurists (14) elected from the members of the higher courts, and a comparative qualitative analysis was conducted on the basis of the participant groups. The research is analyzed under four categories: (1) Lawyers' and politicians' conceptions of law (2) Definitions and conceptions of politics by lawyers and politicians (3) Evaluation of the priority of law to politics and politics to law, (4) Evaluation of the place of freedoms and democracy in terms of the rule of law and the functioning of justice. When we look at the results of the research, in terms of the rule of law, law is prioritized over politics in the ordinary period, but politics is prioritized over law in periods of state of emergency. When a ranking of concepts is made in the context of justice and the functioning of the rule of law, it can be said that freedom is not among the prioritized concepts. The prioritization of politics in times of emergency and the inability of the concept of freedom to find a place among the priority concepts reveals an important characteristic of the understanding and practice of democracy in Türkiye. [ABSTRACT FROM AUTHOR]

What happens in a state of emergency that is prolonged and unrelated to security with respect to the powers afforded to or used by the executive, checks and balances, and cooperation between the government, parliament, and sub-national authorities? This article investigates the variation in ‘executive aggrandisement’ (a temporary reduction in influence and oversight capacity of formal institutions vis-à-vis the executive) during the COVID-19 pandemic in six parliamentary democracies. We theorise that this variation can be in part explained based on path dependence. We explore how pre-pandemic levels of executive dominance and policy centralisation affect executive aggrandisement during the 2020–2022 emergency across our sample of countries. We show that Canada and Germany experienced little to no aggrandisement. In France, Israel, Italy, and the United Kingdom, government rule increased throughout the crisis at the expense of parliament and sub-national authorities. In line with our expectations, we find that most facets of the process of executive aggrandisement in a state of emergency can be interpreted in view of prior institutional arrangements. The outlier elements can be explained by considering circumstantial factors. Our evidence contributes to the literature on the political consequences of COVID-19 by filling some gaps regarding the roots of executive aggrandisement. [ABSTRACT FROM AUTHOR]

This article critically examines reasons for the persistent use of states of emergency (SOEs) as a tool of crime control in Jamaica and risks associated with normalising these measures in small, low-capacity, competitive democracies in Latin America and the Caribbean (LAC). We attend to the question of permanent SOEs as an issue of law and certain policing methods becoming normalised. This differs from scholars who think about the use of permanent SOEs as suspension of law or executive rule and make a clear distinction between law and violence and normalcy and emergency. Our findings show that persistent usage of SOEs in Jamaica reflects the incapacity of the state to control violent crime as well as its effort to strengthen its coercive capabilities and compensate for the ineffectiveness of the police. It is also a response to public demand for SOE policing. State strengthening is a necessary condition for a more peaceful and law-abiding society but is also a carrier of risks of democratic degeneration via rights-disregarding policing. Nonetheless, we have seen authoritarian management of crime without descent into authoritarianism, in general, and strong boundary-marking and patrolling by some state-oversight institutions that enjoy the support of civil society. [ABSTRACT FROM AUTHOR]

Emergency declarations are important legal tools for the state to protect itself and its citizens during times of crisis. Such declarations permit the exercise of extraordinary powers to address an emergency or disaster. They present an opportunity to explore policy learning in crises, through the ability to examine emergency declaration instruments and the detail of post‐emergency inquiries and reviews. This paper briefly assesses Australian law that provides for emergency declarations and places it in the context of theories of policy learning and change. Two case studies reveal evidence of policy learning in emergency declaration practice in Australia. There is an emerging practice of using declarations primarily or purely as tools to communicate the seriousness of an emergency. This policy learning has occurred both within and between jurisdictions, including the federal government. This paper also probes opportunities for future research on policy learning and emergency legislation, especially in relation to the COVID‐19 pandemic. [ABSTRACT FROM AUTHOR]

This paper analyzes the City of Portland, Oregon's recent zoning code amendment which legalized sanctioned homeless encampments. Drawing from ethnographic fieldwork in Portland, the paper details how the City Government's long-held opposition to homeless camping shifted to a position of acceptance. The paper identifies the state of emergency (SOE) on housing and homelessness as a critical moment for developing not only a legal foundation, but also a social justification, for legalizing encampments as an official shelter strategy. In contrast to research over the past few decades articulating the camp as the realization of punitive sovereign power, the paper suggests the relationality of emergency governance, or "governing-through-emergency," instead provides an opportunity to legitimate the lived experiences and desires of unhoused people residing in sanctioned encampments. It concludes by warning that, although emergency governance serves as a critical tool to advance the interests of the unhoused, such governing strategies are limited by structural forces producing homelessness more broadly. [ABSTRACT FROM AUTHOR]

Israel's civil defense apparatus relies upon a technologically advanced alarm system. Once a rocket is detected, a cellphone app alerts the residents of the targeted area, and only the sirens located close by start wailing. The ability to isolate hundreds of such "alert zones" from one another during conflagrations with the Gaza Strip has been celebrated as the key to Israel's civil and economic resilience. Yet, when the history of this technology is examined, a different picture also emerges. Civil society in Israel has often contested the fragmentation of the country into distinct alert zones and surfaced the social and political inequalities it enhances. By following these claims, this article shows how Israel designed the alert zone system to crumble the traditional notion of emergency and turn it from a collective into an individual experience. The article argues that Israel has shifted the meaning of war, for its citizens, from a political crisis into a series of random events, thus naturalizing the perpetual conflict with the Palestinians, stifling any effective demand for resolving it, and cementing an individualized form of state sovereignty. [ABSTRACT FROM AUTHOR]

Copyright of Studia Wyborcze is the property of Lodz Scientific Society / Lodzkie Towarzystwo Naukowe and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Türkiye Adalet Akademisi Dergisi is the property of Justice Academy of Turkey and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Derecho Penal y Criminologia is the property of Universidad Externado de Colombia, Departamento de Derecho Penal y Criminologia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The war between Russia and Ukraine highlights the importance of the research. The resulting state of war has far-reaching consequences across all areas of Ukrainian society, including the basic liberties and entitlements of its people. Therefore, the aim of this scientific work is to explore how to lessen the detrimental consequences of restrictions considering different dimensions of individualsʼ opportunities in the conditions of an emergency situation. The methods used in this research include comparative legal analysis, legal hermeneutics, core scientific methods of analysis, synthesis, and others. The researchʼs central outcomes involve clarifying the legal essence of extraordinary regimes and identifying their characteristic features. It is revealed that in Ukraine, extraordinary regimes manifest in two forms - martial law and a state of emergency, with significant differences between them. The research also examines the cases of their implementation, notably that a state of emergency is predominantly declared during natural disasters, while martial law is imposed during armed aggression. The study also analyses national legislation regulating the imposition of extraordinary regimes, highlighting the main grounds for their introduction and the procedure. Attention is given to international acts, including conventions and pacts, defining circumstances under which a state can deviate from its obligations in emergencies. The international experience of regulating this institution is explored, particularly in Germany, Poland, and France. The research asserts that the most widespread basis for declaring a state of emergency globally has been the COVID-19 pandemic, while the full-scale armed invasion by the Russian Federation serves as a condition for imposing martial law in Ukraine. The findings of the research can be utilized for further investigations on related topics and for refining existing legislation concerning extraordinary regimes. [ABSTRACT FROM AUTHOR]

Copyright of KUL Journal of Legal Studies / Studia Prawnicze KUL is the property of John Paul II Catholic University of Lubin / Katolicki Uniwersytet Lubelski Jana Pawla II and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of International Journal on Humanities & Social Sciences is the property of International Journal on Humanities & Social Sciences and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Purpose. Scientific substantiation of theoretical foundations and provision of practical recommendations for improving the system of crisis monitoring, assessment of its actual and predicted state; deterioration of living conditions. Methods. Based on the use of general scientific and special methods of cognition. The hypothetical and deductive method was used to reveal the content and essence of the concept of "crisis monitoring". The method of structural and functional analysis is used to identify current trends in the preparation, planning and implementation of measures related to the improvement of crisis monitoring. The method of generalisation and comparison is used to assess the current state of the crisis monitoring system, to evaluate its actual and forecasted state; deterioration of people's living conditions. Results. The article shows that emergency and crisis situations are an integral part of the social system. The author analyses the scientific heritage and legislation, which makes it possible to conclude that a crisis situation, critical situation, crisis, emergency situation are the defining properties of these systems and are the result of the action of factors. The author establishes that emergency and crisis situations develop in time and space and allow identifying certain stages at which crisis situations may arise. Conclusions. The consequences of emergency and crisis situations are always negative, but there is a direct and inverse relationship between crisis and emergency situations.

The paper’s key puzzle is the variation in lockdown-related democratic decline in the region of Central and Southeast Europe given the incumbents’ ideological and regime (dis)similarity. Why did similar regimes not respond to the pandemic in the same manner by using the opportunity to grab more executive power and diminish the authority of other institutions? While some argue that a state of emergency provides an ideal opportunity for democratic decline due to reduced costs, others believe that autocratic regimes with a ‘pre-existing condition for autocracy’ are more vulnerable. To contribute to this discussion, I examine three examples from post-communist Central and Southeast Europe (Slovenia, Croatia and Serbia) during the pandemic-related state of emergency and lockdowns of 2020 and 2021. I consider several relevant factors, the most important of which is the prospect of winning the next election. To erode democracy, autocratic incumbents must feel insecure about the outcome of the next election to use the opportunity created by the state of emergency. If they are uncertain of victory, they may prefer to expand their executive powers during the state of emergency, thus undermining democracy.