ПРАВОВЕ ЗАБЕЗПЕЧЕННЯ АДМІНІСТРАТИВНО-ПРАВОВОГО РЕЖИМУ «ВОЄННОГО СТАНУ»

Abstract

The article raises the issue of the most pressing problem of today in Ukraine – counteraction to unmotivated military aggression of the Russian Federation. A large-scale offensive of the Armed Forces of the Russian Federation from three directions, as well as missile strikes throughout Ukraine became the objective basis for the introduction of the "Martial Law" regime. The purpose of the article isto analyze the theoretical provisions of the essence of legal, emergency administrative and legal regimes, as well as to study the legislation of Ukraine that regulates the legal regime of martial law, to determine the shortcomings of this regime in a full-scale war, to clarify its content. At the moment, in the conditions of a rapid change in the line of hostilities, the organization of public administration in the settlements of the front-line zone has become an urgent need. At the same time, there is no regulatory definition of the term "Frontline Zone". The list of settlements in the front-line zone is determined by the Cabinet of Ministers of Ukraine in the "manual mode". The powers of the military administration of the settlement provided for by the Law of Ukraine "On the Legal Regime of Martial Law" do not correspond to the objective reality in the conditions of hostilities. The theoretical provisions of emergency regimes, including the martial law regime, were investigated by the following domestic scientists: V. B. Averyanov, O. M. Bandurka, A. V. Basov, Y. P. Bytyak, O. G. Bratel, A. S. Vasiliev, I. P. Holosnichenko, V. V. Zuy, S.V. Kivalov, T.O. Kolomoets, M.V. Kornienko, A. T. Komzyuk, O. O. Krestyaninov, S. O. Kuznichenko, S. V. Petkov, V. M. Plishkin, M. M. Tishchenko and others.