Special Legal Regimes and the Limits of Restriction of Property and Entrepreneurial Rights: A Constitutional and Legal Analysis
Annotation
The article is devoted to the constitutional law analysis of special legal regimes affecting property and entrepreneurial rights. The author proceeds from the premise that contemporary anti-crisis regulation unfolds not only in the forms of a state of emergency and martial law, but also through statutory regimes of high alert, sanitary and epidemiological measures, mobilization, corporate and other special legal structures whose intensity of impact is comparable to classical emergency regulation. The purpose of the study is to develop constitutional criteria for the admissibility of restrictions on economic freedom under crisis governance. On the basis of formal legal, systemic and doctrinal methods, it is substantiated that such restrictions are lawful only if there is an appropriate federal legal basis, temporal limits, substantive certainty, differentiation, judicial reviewability and mechanisms for compensating excessive public burdens. The scientific novelty lies in combining a constitutional approach to rights limitations with a private-law analysis of the consequences of special regimes for property circulation, obligations and corporate relations.
Keywords
| Type | Article |
| Information | Constitutional and Municipal Law № 06/2026 |
| Pages | 33-36 |
| DOI | 10.18572/1812-3767-2026-6-33-36 |
