Законодательство зарубежных стран о специальных правовых режимах: история и современность

Topicality. The relevance of this topic is determined by the study of problematic issues related to the optimization of the activities of national state authorities in the conditions of martial law. The purpose of the article is to highlight the peculiarities of the constitutional and legal regulation of the functioning of the public power mechanism of European states in the conditions of martial law based on the analysis and synthesis of scientific works and constitutional and legal acts regarding the content of special legal regimes that are introduced during crisis situations. Research methods. To achieve the specified goal, a set of methods was used: dialectical (for the objectivity and comprehensiveness of knowledge of state-legal phenomena in foreign countries, taking into account various factors, in development), systemic approach (when considering public authorities as a whole ordered system), formal-legal method (for establishing the content of legal norms and analyzing the practice of their application) and others. The comparative legal method was used as the leading method (to compare the legal and organizational aspects of the functioning of authorities and to develop practical recommendations for improving the activities of public authorities in Ukraine). Results. The constitutional and legal norms regulating the special legal regime (in particular, the martial law regime) in European countries are analyzed, and the key features of the mechanism of public power functioning in emergency conditions are highlighted. It is emphasized that the study of European experience is relevant and appropriate from the point of view of possible further implementation in national legislation. It is noted that special legal regimes are introduced when a certain situation of an extraordinary nature arises in the state, threatening the development of the state and society, the rights and freedoms of citizens. The constitutional and legal institution of the emergency regime is a system of legal norms that establish the grounds and procedure for its introduction, the state authority authorized to introduce it. A special mode of activity of state authorities and local self-governments, enterprises, institutions and organizations is also established. The limits of the special legal regime in time and space are fixed. In the states, temporary changes in the demarcation of competence between the authorities of different levels are usually foreseen. As a rule, executive authorities are temporarily granted certain powers that normally belong to the legislative body, on a clear legal basis. Four variants of implementation of the procedure for the introduction of special legal regimes (in particular, martial law) in the practice of European states are distinguished, which are differed by the degree of involvement of the parliament. The significance of the results. The possible ways and methods of optimizing the activities of the higher state authorities of Ukraine in the conditions of martial law are proposed.

The article examines the theoretical and legal aspects of the operation of law during martial law in Ukraine, which arose in connection with Russian aggression in 2022. The author analyzes the constitutional foundations and peculiarities of the operation of law under martial law, and examines the peculiarities of legislation and its application in Ukraine. Particular attention is paid to restrictions on constitutional rights and freedoms of citizens under martial law, such as freedom of movement, the right to peaceful assembly, and others. The article contains proposals for improving the legal regulation of martial law in Ukraine in order to ensure national security and protect the rights and interests of citizens. In continuation of the analysis of the theoretical and legal aspects of the operation of law during martial law in Ukraine, the article examines the mechanisms of institutions responsible for implementing legislation in times of crisis. Particular attention is paid to the role of the authorities in ensuring compliance with the rights and obligations of citizens during martial law, as well as the importance of defining procedures and control over the restriction of constitutional rights and freedoms during this period. Additionally, the article analyzes international experience and standards in this area in order to offer recommendations for improving Ukraine's domestic legislation in the context of protecting the rights and freedoms of citizens during martial law. Such an approach is aimed at ensuring national security and ensuring law and order in a crisis situation arising from aggression. The main task of law during martial law is to ensure national security and protect the rights and freedoms of citizens. However, this must be done in compliance with the basic principles of the rule of law, including transparency, legality, proportionality of measures and guarantees of judicial protection of citizens' rights. Only such an approach will ensure the effectiveness of management measures in a crisis situation, while preserving the basic values of the legal system.

Water supply systems and their influence on increasing operational safety in industry

In the article, I will consider the essence of the rights and freedoms of a person and a citizen. The definition of the concept of “administrative-legal provision of the rights and freedoms of citizens” is provided, taking into account that this legal phenomenon should be understood as the activity of public authorities regulated by legislation, the content of which is the creation of conditions for the realization, protection and protection of citizens’ rights through legal means. The content and features of the implementation of administrative and legal means of ensuring the rights and freedoms of a person and a citizen by public authorities are disclosed.Emphasis is placed on one of the key directions of implementation of the law enforcement function of the state through ensuring the safety of people, society and the state as a whole, with the aim of achieving a state of legal protection of vital public and private interests. The important place in the system of the relevant subjects of the SSU powers of authority is emphasized. The system of this state institution is built in the form of a central management unit, a regional unit, a specialized unit, a research and educational unit, a specialized unit, and their content of activity are also characterized.The specifics of the administrative and legal status of the bodies and units of the Security Service of Ukraine were determined, and the essence of their external and internal administrative activities while guaranteeing the effective functioning of the national mechanism for ensuring human rights was revealed. With this in mind, the main functions of the SSU in the relevant field are specified, including preventive, counterintelligence, law enforcement, information and analytical, scientific and technical, national security, criminal justice, international legal, interdepartmental and partnership function function.

Problem setting. The current state of affairs in society requires increased attention to the protection of human and citizen rights and freedoms. Martial law, as a legal regime, causes significant changes in the functioning of state institutions and society in general, endangering the basic rights and freedoms of citizens. Under such circumstances, it is especially important to develop and implement innovative approaches to ensuring the protection of human rights, which would take into account the specifics of the state of war and, at the same time, act as guarantors of compliance with the basic principles of the rule of law. This requires not only the reform of the legislation, but also the introduction of new technologies and methods that will allow more effective protection of citizens’ rights even in difficult conditions. Innovative approaches should be based on an increased level of awareness and training of both state bodies and civil society regarding mechanisms for the protection of rights in wartime. Analysis of recent researches and publications. Important aspects of the issue of innovative approaches to the protection of human and civil rights and freedoms have been studied by R. Shai, S. Husarov, O. Gilyaka, V. Kovalenko. However, despite the considerable experience in this area, the issue of introducing innovations to protect human rights and freedoms has not been fully explored. Purpose of the research is a comprehensive study of the features of innovative approaches to the protection of human and citizen rights and freedoms under martial law. This involves an analysis of the latest technologies, legal mechanisms and organizational solutions that can be effectively used to protect civil rights in emergency situations. In addition, the article examines the challenges and prospects of implementing these innovative approaches in the context of Ukrainian realities, in particular, taking into account socio-economic and legal aspects. Article’s main body. The research materials are: 1) normative and legal support for the protection of human and citizen rights and freedoms under martial law, including international conventions, domestic laws and by-laws; 2) works of domestic and foreign authors who conduct scientific and practical research in the field of human rights, innovative technologies and methods of protecting rights in armed conflicts. In the research process, the following scientific methods were used: theoretical generalization and grouping – to characterize the components of the system of protection of human and citizen rights and freedoms in the conditions of martial law and functions related to ensuring security; the method of formalization, analysis and synthesis – for the study of the domestic and the needs for the protection of rights in the conditions of martial law; comparative analysis – to develop different strategies and approaches to the protection of human and citizen rights in the conditions of martial law. The generalization of the results was used to formulate conclusions and develop recommendations for improving the system of protection of rights and freedoms in similar conditions. Conclusions and prospects for the development. The protection of human rights under martial law is a complex and multifaceted task that requires an integrated approach, including legal, administrative and socio-economic processes. The war caused and continues to cause a lot of grief, destroying everything in its path, the most valuable of which is human life and health. The main goal currently remains the issue of effective protection of a person and a citizen from external dangers lurking in modern Ukrainian society. This study aims to analyze approaches to the protection of human rights under martial law, determine their effectiveness and outline ways of improvement. Special attention is paid to the study of international experience and the possibility of its adaptation to modern Ukrainian conditions. As a result, it is planned to develop recommendations for the implementation of innovative approaches that will contribute to strengthening the legal protection of citizens in the conditions of martial law, increasing the level of their security and well-being.

Freedom as a legal value has always been the subject of in-depth analysis, important debates and discussions in the field of legal and political science. This topic is becoming extremely relevant in the context of martial law in Ukraine, when the rights and freedoms of citizens are being tested and restricted. In the context of the legal system of Ukraine, as well as other legal systems of the world, freedom occupies an important place among the system of civil and political rights. This value is an integral part of civil society and the rule of law, and it guarantees individual autonomy and the ability of citizens to make independent decisions. Modern social changes, political and military conflicts, as well as various crisis situations may lead to excessive restrictions on freedom in the context of the introduction of a state of emergency or other restrictions under the guise of national security. Such restrictions must be justified and limited only to the minimum extent necessary to ensure the overall security of society and protect the rights and freedoms of citizens. The article is devoted to an in-depth analysis of the concept of freedom as a legal value in the context of current Ukrainian legislation. The article examines the essence and nature of this category, identifies its value and legal and applied aspects. It is important to determine how freedom is defined as the ability of a person to choose and act on his or her own initiative. In addition, the article emphasises the role of freedom in modern Ukrainian society and its impact on the rights and freedoms of Ukrainian citizens. Freedom is one of the key issues that reflects the complex dialectical process of development of the modern world. First, freedom means the ability for a person to choose his or her own path and act on his or her own initiative. Secondly, it is defined as a fundamental principle of law that provides for the possibility of subject autonomy, where the subject is not limited by external coercive actions and can independently make decisions about his or her behaviour. Thirdly, freedom is the basis for protecting the rights and freedoms of citizens, developing democracy and creating a civil society where citizens have the opportunity to influence events in society and jointly address important issues.

The specifics of the activities of the police bodies regarding the protection of citizens' rights during the legal regime of martial law have been disclosed. The differences in the powers granted to police bodies in peacetime and during countermeasures against internal threats of martial law have been characterized. Factors, due to which the police authorities significantly reduced the number of administrative and criminal offenses, the commission of which prevailed in peacetime have been established. The general circle of citizens’ rights, which are violated during the operation of the legal regime of martial law as a result of active hostilities, occupation of certain regions and settlements, has been defined. Those rights of citizens whose duty to prevent violation, protection and restoration rests with police bodies have been systematized. The priority directions of the police authorities’ activities in ensuring the rights of citizens during martial law have been outlined, the emergence of which is due to the action of this legal regime introduced as a result of a full-scale invasion of the territory of our state. The peculiarities of the implementation of each of the selected directions have been characterized. Quantitative and qualitative indicators of the activity of individual police bodies and divisions in the field of protection of citizens’ rights during martial law have been presented. The specifics of the implementation of powers by police bodies to record and investigate war crimes, strengthening the evacuation mechanisms of the state, providing police services to all categories of the population, and paying increased attention by the police to the use of additional guarantees of protection and protection of citizens’ rights have been clarified. The need to develop effective algorithms for police actions in conditions of active hostilities and in de-occupied territories has been argued, in particular regarding: demining of territories and buildings by investigative-operational groups equipped with mobile forensic laboratories; identification of collaborators and sabotage groups; recording and documenting war crimes depending on their type; investigation of certain types of war crimes; implementation of measures of police custody, taking into account the significant increase in the number of persons who need such measures; inspections of vehicles on highways and roadblocks; searching for missing persons.

This paper constitutes a fundamental study aimed at analyzing the institution of the constitutional complaint as a significant element in the system for the protection of citizens' social rights. It highlights the legal establishment and procedural aspects of the constitutional complaint, reviews current judicial practice, and the challenges faced by the Constitutional Court of Ukraine in its consideration. The author's research also focuses on the importance of the constitutional complaint for applicants, revealing its impact on the possibility of a retrial based on the conditions established by the Constitutional Court. The analysis includes an examination of the historical development and legal establishment of the constitutional complaint in Ukraine, paying attention to its role in strengthening legal guarantees and the protection of fundamental rights and freedoms. The influence of the Venice Commission and international legal standards on the formation of the constitutional complaint institution in Ukraine is separately considered. The paper includes arguments for the necessity of further development of the constitutional complaint institution, taking into account national peculiarities and the experience of foreign countries, to ensure effective protection of human rights. The authors highlight the key role of the constitutional complaint in the system of legal guarantees, emphasizing its significance for the democratization of society and the strengthening of the rule of law. The research results make a significant contribution to understanding the conceptual foundations, principles of operation, and legal regulation of the constitutional complaint institution, proposing ways for its optimization and integration into the Ukrainian legal system. The paper's conclusions stress the necessity of ensuring fundamental rights and freedoms of individuals as a key condition for the functioning of the rule of law and the development of a democratic society, defining the constitutional complaint as a significant tool in this process. A detailed analysis of legal aspects, judicial practice, and challenges faced by the Constitutional Court of Ukraine in considering constitutional complaints indicates the need to strengthen mechanisms for the legal protection of citizens' rights and freedoms. Highlighting the motivation of applicants and the role of the constitutional complaint in their legal protection demonstrates its significance both for individuals and for strengthening a democratic rule of law. Analyzing the contribution of domestic and international scholars to the development of the theoretical base of the constitutional complaint institution, the authors underline its importance in forming a legal system aimed at protecting the fundamental rights and freedoms of citizens.

Проаналізовано функціонування інституцій системи державного управління України в контексті забезпечення реалізації та захисту прав людини. Доведено, що європейський вибір ставить перед українським публічним управлінням нові завдання, що стосуються передусім подальшої демократизації суспільства, яка передбачає розширення спектру основних прав та свобод громадян. Констатовано, що державне управління в Україні здійснюється з метою адаптації інститутів громадянського суспільства до європейських стандартів: верховенства права, сталого розвитку, забезпечення пріоритетності прав і свобод у всіх сферах державної діяльності, а також зміцнення демократії. Зазначено, що усе це є необхідною умовою інтеграції України до Європейського Союзу.

The article explores the concept of the «deep state» as a key element of ensuring sustainable public administration and national security in war and peace. The author examines global and regional development trends that affect the formation of national security and analyses the mechanisms of power and governance in different countries. Particular attention is paid to the role of informal and closed networks in influencing official policy, which allows for a deeper understanding of the sources of information wars and manipulation of public opinion. The relevance of the study is driven by the need to build a transparent, fair and democratic society, as well as to strengthen democratic institutions and protect the rights and freedoms of citizens. The analysis of the deep state allows us to identify the interconnections between state institutions, the military, intelligence services and big business, which often remain outside democratic control. The author notes that the study of the deep state is important for the protection of democratic values, increasing transparency, accountability and efficiency of governance. Particular attention is paid to the influence of the deep state on the information space and the mechanisms of manipulating public opinion through the media. Understanding these processes contributes to the development of critical thinking and the protection of citizens' rights and freedoms. In the context of globalisation, the concept of the deep state is seen as an important factor influencing international relations, trade policies and economic alliances. The study of this phenomenon helps to predict changes in global politics and the economy, which is important for the development of long-term national security strategies. The term «deep state» is used to describe a network of influential individuals or organisations that can exert significant influence on public policy beyond democratic control. This concept is actively discussed in political debates, causing controversy over its role and influence on political processes.

Problem setting. The problem of judicial activism in Ukraine is complex and multifaceted, as it touches on the fundamental principles of the legal system and the functioning of the judicial branch of power. Judicial activism implies that judges can go beyond the traditional role of an arbitrator and actively intervene in lawmaking by interpreting laws or even creating new norms. Such an approach can have both positive consequences, in particular, in cases where the legislative branch does not provide proper legal regulation, and serious risks to law and order and constitutional stability. The main problem is to determine the limits of permissible judicial activism in order to avoid situations where courts exceed their powers, creating a threat to the principle of separation of powers. Such a situation can lead to the usurpation of power by the judicial branch and a violation of the balance between the judicial, legislative and executive branches of power. On the other hand, the passivity of the judiciary can also become a problem when the legislator or the executive branch does not have time to respond to social challenges. So, the question arises: what are the legal limits of judicial activism in Ukraine? How to ensure a balance between the need for active interpretation of the law and compliance with the principle of the rule of law, while avoiding excessive interference of the courts in the sphere of lawmaking? The answer to this question is important not only for theoretical research, but also for the practice of law enforcement, since it has a direct impact on the quality of justice, the protection of citizens' rights and freedoms, and the stability of the legal system of Ukraine. Analysis of recent research and publications. The study of judicial activism in Ukraine has been the subject of attention of such scholars as Vatamanyuk A., Goncharov V., Kozyubra M., Letnyanchyn L., Sydorovych R., Shevchuk S., and others. Purpose of research is to analyze judicial activism, its advantages and risks. The task of the scientific research is to analyze the emergence of judicial activism and its characteristics as such. Article’s main body. Judicial activism, in such a context, raises serious questions about whether it complies with the principles of separation of powers and whether it threatens the stability of the constitutional order. The article reveals the essence of judicial activism through the analysis of its origins, modern approaches to this phenomenon and its various forms. The causes of judicial activity, which can have both positive and negative consequences, are discussed separately. The author tries to classify different types of judicial activism, considering in detail their advantages and disadvantages. In particular, the problem of whether judges should engage in "lawmaking from scratch" is highlighted, creating new legal norms based on their own interpretation of the law and their own understanding of legal principles, which is extremely relevant, since the judicial system, on the one hand, is designed to protect the rights and freedoms of citizens but on the other hand, it should not go beyond its powers, replacing the legislative power. The author pays special attention to the analysis of Ukrainian realities, citing specific examples of judicial practice that illustrate manifestations of judicial activism in the national context. The article raises the question of whether judicial activism is justified and appropriate within the Ukrainian legal system, or whether it, on the contrary, can lead to the threat of destabilization of the legal order. Special attention was paid to the position of judge V.V. Lemak, who emphasizes the need for a balance between the active role of the court in protecting the rights of citizens and compliance with the principle of separation of powers. The author believes that judicial law-making is of crucial importance for the development of the legal system, because it allows the court to respond to the challenges of modernity, while preserving the foundations of legal stability. Conclusions and prospects for development. This article analyzes the role of judges in shaping the legal system and the impact of their decisions on society. It helps to understand how judicial activism can contribute to the development of law, ensuring the protection of human rights and adapting legislation to modern challenges. At the same time, the article highlights the potential risks associated with judges exceeding their powers, which can lead to a violation of the principle of separation of powers. In addition, it outlines the legal boundaries within which judicial activism can be effective and legitimate. This makes the article a valuable source for lawyers, scholars, and politicians interested in issues of judicial reform and law enforcement in Ukraine.

In the work, the author examines problematic issues related to the study of the peculiarities of the organization and legal regulation of the use of a polygraph in public service. The article deals with various aspects of the use of a polygraph in the public sphere, including legal aspects, psychological and pedagogical features, physiological and ethical issues, as well as the protection of citizens' rights. In addition, it examines the experience of using a polygraph in various conditions when the procedure for obtaining, identifying, processing, storing and reliability of data is carried out, and as a result, it becomes necessary for competent public sector specialists to constantly pay special attention to the safety of storing and using confidential information received. In order to analyze the effectiveness of the use of a polygraph, the paper describes the tasks facing specialists, considers algorithms and techniques used to assess the reliability of the information received. The following methods were used in the preparation of the article : an analysis of literature, a system approach, comparative analysis and synthesis, induction and deduction, logical thinking techniques, classification. The main conclusions of the research conducted by the author are organizational aspects aimed at respecting the rights and freedoms of citizens who, for one reason or another, will have to undergo the testing procedure on a polygraph device. A prerequisite is the fact that the legal regulation of the use of a polygraph in the civil service requires clear formulation, transparency and objectivity of procedures, timely clarification of the upcoming nuances of the polygraph examination, related possible restrictions, but at the same time compliance with guarantees for employees who are being tested. This topic, in its content and meaning, is relevant, and therefore, today, the development of legal and methodological mechanisms for the use of a polygraph in the public sphere, based on scientific developments by leading scientists and practitioners in this field of knowledge, is in demand.

Objective: to analyze the observance of fundamental rights in fighting corruption using Big Data in China.Methods: dialectical approach to the cognition of social phenomena, which allows analyzing them in their historical development and functioning in the context of a set of objective and subjective factors, which determined the choice of the following research methods: formal-logical, comparative-legal, and sociological.Results: following the rapid development of information technologies, Big Data has become a sharp sword of the Chinese regulatory authorities fighting corruption. Big Data provides new opportunities for understanding the phenomenon of corruption, a new format of thinking, and new methods of fighting corruption. Big Data technologies allowed the Anti-corruption Agency to create a digital reflection of the real society in a short time and conduct an in-depth analysis of the data, thereby obtaining keys to understanding the extremely talented scams of officials; to reveal the real picture of the complex corruption links. Due to the fact that Big Data processing technologies are constantly updated and the data protection system is lagging behind, an imbalance has existed for some time, the so-called data scissors; in the traditional sense - the tension is growing between the fight against corruption using Big Data and the protection of citizens’ fundamental rights. Absolutely all countries of the world that implement the anti-corruption Big Data technologies have faced this problem and require its regulation.Scientific novelty: the paper for the first time substantiates the need to build a full-fledged system for protecting the fundamental rights and freedoms of citizens using Big Data in fighting against corruption in China.Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities in the detection, suppression and prevention of offenses in the field of corruption counteraction.

This paper highlights the impact of the pandemic in the European space, which involves the protection measures against the SARS-COV-2 virus, its harmful and destructive effects manifested on the population, while highlighting the operational activities of the states, regarding the protection of citizens' health. These actions of the states, with regard to the protection measures against the pandemic, incontestably imply a "passage" in the online sphere of all the processes that ensure the normal conduct of society, restricting certain rights and freedoms of citizens, including the right to free movement, this being possible only on the basis of a health certificate, recognized at European level. So this restriction of movement across borders is a safe way to prevent the population from becoming infected with the killer virus.

INTRODUCTION. The increase in the number of armed conflicts involving non-State armed groups recognized as terrorist in States and international organizations has been the trend in recent years. In this regard, the question relating to the links between terrorism and armed conflict, as well as between the international legal regulation of combating terrorism and international humanitarian law, is on the agenda. The article examines the regional approaches of the CIS to countering terrorism within armed conflicts and during counter-terrorism operations in peacetime.MATERIALS AND METHODS. The material for the research included the universal treaties, the model legislation of the CIS on IHL and in the field of combating terrorism, as well as the conceptual documents of the military-strategic cooperation of the CIS member states in particular in identifying areas and forms of countering international terrorism as a modern military threat. The methodological basis of the research included general scientific and private scientific methods of cognition traditional for legal researches.RESEARCH RESULTS. The research substantiates the hypothesis that within the Commonwealth there were formed the legal regimes, which are based on the generally recognized principles and norms of international law governing the issues of military counteraction to terrorist threats both in peacetime and during armed conflicts. The article analyzes international treaties, model legislation of the CIS and national legal acts of the member states establishing the legitimacy of military methods and means of response to terrorist challenges and threats within the special legal regime of the "counter-terrorist operation". A relevant aspect of the study was the identification of the prospects of military cooperation between the CIS member states through the development of new mechanisms for combating terrorism– "military-police operations" in the system of their joint counter-terrorism activities.DISCUSSION AND CONCLUSIONS. In modern realities, it is the most effective to build the counteraction to terrorism within the CTO legal regime which enable to combine law enforcement and military tasks faced by the state within ensuring its internal and external security, and also contains guarantees for ensuring and protecting human rights. Meanwhile, the involvement of the armed forces of the state in combating terrorism does not mean an unequivocal transfer of the situation from peacetime to the regime of martial law. The CIS, conscientiously fulfilling its obligations under the key acts of IHL, has set out in its model legislation the norms prohibiting terrorism during armed conflicts and establishing responsibility for acts of its. In addition, under the auspices of the CIS there has been developed and successfully implemented the model legislation regulating the use of military methods and means of response to terrorist challenges and threats within a special legal regime of a “counter-terrorism operation” separated from the regime of the use of armed forces within the IHL.