Про воєнний стан як особливий вид адміністративно-правового режиму

Abstract

The article analyzes the theoretical and legal approaches to the concept, content and methodology of the introduction and functioning of one of the varieties of the administrative-legal regime ‒ the martial law regime, as well as the relationship between the legal categories of «restriction» «prohibition», «obligation», which are components of administrative and legal regimes. It is noted that modern approaches to the analysis of martial law, as a special type of administrative-legal regime, are oriented, first of all, to its legislative definition, which enshrines constitutional provisions on the foundations of national security, as well as the legal regime of martial law. One of the reasons for imposing martial law is military aggression by another state using armed forces or other formations. At the same time, it was found that modern approaches to the tasks of the state and society during the period of martial law, to a certain extent, have a historical relationship with the works of scientists of the past. It is emphasized that the legal regime of martial law indicates the temporary transfer of general public management to the military authorities with the granting of extraordinary powers. First of all, this applies to: 1) implementation of public order protection in order to ensure public and state security; 2) imposition of additional duties on citizens, as necessary, aimed at the proper functioning of the economy, restoration and construction of objects, structures for the needs of the economy, and increasing the defense capability of the country’s armed forces. The criteria for distinguishing between the legal regimes of emergency and martial law are analyzed. It was concluded that the existing restrictions and bans are temporary in nature and caused by Russia’s military aggression against Ukraine. At the same time, administrative and legal prohibitions under martial law are a way to ensure legality in the activities of public administration bodies. In addition, administrative-legal restrictions and prohibitions are the basis for preventing tortious and criminal-punishment behavior of all subjects of administrative-legal relations, without exception, during the period of the legal regime of martial law.