Факторы правовых рисков при реагировании государств на пандемию COVID-19: сравнительный анализ и пути преодоления

Журнал зарубежного законодательства и сравнительного правоведения. 2022. Т. 18. С. 18–30.

Malkova P.

With the COVID-19 pandemic the world community has faced the need to quickly respond to challenges, including in the field of law-making and law enforcement. However, due to a high level of uncertainty and a lack of uniformity, law-making processes in emergency situations are associated with inevitable legal risks. The states of different countries coped with them in different ways, and understanding the global experience is important for understanding the factors leading to legal risks and for developing recommendations to minimize them.
To form such recommendations, the article sets out the tasks of conducting a theoretical assessment of the concepts "legal risk" and "legal risk factors", analyzing these concepts in the context of the pandemic and identifying specific legal risk factors specific to these conditions, as well as analyzing the practices of regulatory response to the pandemic by different states.
A comparative legal method based on a sample of countries with the most striking examples reflecting legal practice will serve as the basis for developing recommendations for minimizing risks in developing legal responses to crises.
The author comes to the conclusion that in order to minimize the risk factors identified in the article, legal initiatives should be based on the principles of legal certainty, interaction, intergovernmental dialogue, respect for human rights, and communication with society.
 

Keywords: конституционное право, lawmaking, правотворчество, законодательный процесс, legislative process, constitutional law, правовые риски, legal risks, COVID-19, COVID-19