The concept and features of the martial law regime as an object of administrative and legal support

Abstract

The article, based on the analysis of scientific views of researchers regarding the interpretation of the concepts of “martial law” and “legal regime,”  defines the key features of the legal regime of martial law, as well as the mechanism of its implementation and introduction. Based on the generalisation of the theoretical approaches of scientists, as well as the study of the provisions of the current legislation, the author’s approach to defining the legal regime of martial law as an object of administrative and legal support is presented.

It has been proven that the legal regime is a complex legal category that simultaneously characterizes the existing state order of legal regulation of social and legal relations, the peculiarities of the functioning of public administration bodies (state power and local self-government), as well as the mechanism of ensuring and protecting the rights and freedoms of a person and a citizen . In its original meaning, the legal regime is mostly a theoretical and legal category, because its content comes from the principles and legal foundations existing in the state, which establish the functioning mechanism of the entire legal field of the state.

It is noted that the objective circumstance of the introduction of the legal regime of martial law is such a negative factor as armed (military) aggression or the threat of its commission, which involves the application of a complex of measures, means, actions of a military and other type, which carry real threats and significant risks for the existence of Ukraine, its state independence and territorial integrity, as well as the freedom and security of the population, the normal functioning of the economic, political, legal and other systems of the state’s life.

It was found that the key features of the legal regime of martial law include the following: 1) its introduction occurs exclusively in the presence of armed (military) aggression or the threat of its commission, which pose risks to state independence, sovereignty, national security, etc.; 2) it is characterized by territoriality, that is, it can be introduced within the borders of the entire country or individual administrative-territorial units; 3) the introduction of martial law requires proper legal formalization in the form of a Presidential Decree, which must be approved by the relevant law; 4) provides for a special procedure for the work of individual bodies of state power and local self-government; 5) makes it possible to limit the rights and freedoms of a person and a citizen, however, only within the limits and scopes directly provided for by the Constitution and Laws of Ukraine; 6) the implementation of goals, as well as the provision and implementation of measures of the legal regime of martial law, is primarily entrusted to the military command and military state administrations – special, temporary bodies of public administration.