The concept and types of measures to ensure the legal regime of martial law
Abstract
The article emphasises that measures to ensure the legal regime of martial law are a complex of legal, organisational, and administrative actions aimed at maintaining public safety and order, ensuring national security, and protecting the rights and freedoms of citizens during the introduction of martial law. These measures provide for temporary restrictions on the rights and freedoms of citizens, as well as the granting of additional powers to state authorities and the military command, which are necessary and sufficient for an effective response to threats to national security.
It is noted that the legal basis for the introduction of measures to ensure the legal regime of martial law is the relevant norms of the Constitution of Ukraine, the Law of Ukraine “On the Legal Regime of Martial Law,” as well as normative legal acts adopted in connection with the introduction of martial law. These normative legal acts define both general principles and specific mechanisms and procedures for the implementation of the specified measures.
It has been emphasised that in the modern conditions of challenges and threats to the national security of Ukraine, measures to ensure the legal regime of martial law are an important tool for the protection of statehood, sovereignty, and territorial integrity of the country. Their implementation should ensure a balance between the need to protect national security and respect for the rights and freedoms of citizens. This requires clear legal regulation and compliance with the principles of legality and proportionality when applying these measures.
Attention is focused on the need to improve national legislation in the field of martial law, in particular regarding the definition of the essence of measures to ensure the legal regime of martial law in the Law of Ukraine “On the Legal Regime of Martial Law,” conditions of application, and control procedures for their implementation.
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