Specifics of legal regulation of economic activities in extraordinary conditions

Abstract

The article analyzes the specifics of the legal mechanism for regulating economic activities under extraordinary conditions. Key characteristics defining the concept of an extraordinary economic regime are identified. It has been established that extraordinary regimes include the legal regime of martial law, the legal regime of a state of emergency, the legal regime in temporarily occupied territories of Ukraine, anti-terrorist operations, mobilization, and measures to prevent and contain the spread of coronavirus disease, among others. It is determined that each extraordinary legal regime has its own specific features and should have a tailored set of legal regulatory tools, considering the circumstances and conditions of its implementation.
The main characteristics of an extraordinary legal regime for economic activities include its temporary and one-time nature, significant complications or impossibility of conducting economic activities, its impact on enterprises across various economic sectors, the introduction of a special mode of operation and unique functions for state and local authorities, potential restrictions on human rights and entrepreneurial freedoms, and its pursuit of a specific global objective.
It is emphasized that economic activities under an extraordinary regime are regulated by general legislation, supplemented by specific provisions set forth in special legislation. The extraordinary economic regime should not be automatically abolished and replaced with the so-called «general» regime of conducting economic activities, as this may require a phased transition or the preservation of certain special conditions.