Інструментарій зміцнення зовнішньоторговельної безпеки регіонів України в умовах війни

Introduction. In the conditions of war, administrative law faces new challenges that require prompt and adequate regulatory changes. Traditional approaches to administrative regulation may not be effective enough, putting stability, security and law and order at risk. Adaptation of normative acts, procedures and mechanisms of administrative law to the conditions of war is an urgent need. The purpose of the paper is to determine the effectiveness of regulatory changes in administrative law during wartime, to analyze the impact of these changes on the functioning of state bodies and the protection of citizens’ rights, as well as to develop practical recommendations for improving the regulatory framework in wartime conditions. The results. The paper provides an overview of the main normative acts adopted in Ukraine during the war, such as the laws "On the National Security of Ukraine" and "On the Defense of Ukraine", as well as presidential decrees and resolutions of the Cabinet of Ministers. Their influence on administrative practice, in particular on mobilization measures, coordination between state bodies and protection of information resources, is considered. The analysis of international experience showed that other countries also implemented similar regulatory changes to improve the effectiveness of public administration in wartime conditions. The main problems and challenges faced by state bodies and citizens in the conditions of martial law have been identified. Based on the research of Ukrainian and international scientists, specific mechanisms and approaches for adapting administrative law to the conditions of war are proposed. Conclusion. The conclusions of the paper emphasize the need for a quick and flexible response of the regulatory framework to the challenges of war. It is recommended to create legislative and organizational mechanisms that will ensure the effective work of state bodies and the protection of citizens’ rights. The paper proposes concrete measures to increase the transparency and accountability of state bodies, which are critically important in wartime conditions. Prospects for further developments include research into the long-term consequences of the implemented changes and their impact on the stability of public administration in the post-war period.

The article is devoted to the study of legal principles that operate in the conditions of the implementation of measures for the national security and defense of Ukraine, both in the conditions of the normal functioning of the legal system of Ukraine, and in the normal conditions of the functioning of this system. The relevance and importance of this article is determined by the threats and challenges faced by the democratic constitutional system in Ukraine after the introduction of the legal regime of martial law, as the highest form of restriction of the rights and freedoms of a person and a citizen. After the start of the full-scale invasion of the Russian Federation, Ukraine faced challenges that no country in the civilized world had ever faced before. These challenges entailed inevitable changes in the life processes of society, which at the time of the events of 02/24/2022 had already sufficiently experienced the Russian aggression in certain areas of the Donetsk and Luhansk regions, Russia's annexation of the Crimean Peninsula, and the epidemic of the CoVID-19 viral disease. In turn, these changes pose new challenges to lawmakers at all levels regarding the creation of effective legal mechanisms aimed at implementing measures for the national security and defense of Ukraine. The development of any branch of legislation begins with an awareness of the legal nature of relations subject to legal regulation. This legal nature is usually enshrined in legal principles, which, in addition to the function of a «legal guide» for rulemaking and law enforcement, perform both a regulatory function (in terms of eliminating conflicts) and an ideological function (in terms of establishing the direction of legislation), international (which allows for differences in legal procedures and even in the presence of different legal systems to find points of contact with other states with a democratic constitutional system and legal principles similar to ours), civilizational (which is similar in many ways to the international function, but primarily aimed at moral values, which are embedded in these legal principles and which allow Ukraine to be attributed to a certain civilization) function. This article examines both the Constitutional principles that are inherent exclusively to the field of national security and defense of Ukraine, and the principles that are enshrined in other acts of legislation that exist in their unbroken connection with the norms of the Constitution of Ukraine and regulate the subject of legal relations that arise in the field of national security and defense of Ukraine. In addition, the general legal principles, which, together with other branches of law, also regulate the national security and defense of Ukraine, were analyzed and interpreted. change the scope of their legal regulation. The article analyzes and provides a scientific basis for special principles that operate exclusively in the conditions of a special period of functioning of the national security system of Ukraine, as well as general principles inherent in this field, which function regardless of the introduction of a special period on the territory of Ukraine. In addition, scientific sources were analyzed in which certain aspects of this article were studied, as a result of which the principles of national security and defense of Ukraine were systematized into a single whole, after which a terminology was proposed to define the principles that exist in national legislation, but which are currently neglected scientific community. Keywords: national security of Ukraine, defense of Ukraine, Constitution of Ukraine, legal principles, legal regime of martial law, legal restrictions.

СИТУАЦІЙНІ ЦЕНТРИ ДЕРЖАВНИХ ОРГАНІВ ЯК СКЛАДОВА МЕХАНІЗМУ ПРИВЕДЕННЯ У ВИЩІ СТУПЕНІ БОЙОВОЇ ГОТОВНОСТІ ЧАСТИН І ПІДРОЗДІЛІВ СИЛ ОБОРОНИ

For more than a year now, Ukraine has been fighting back against Russia's full-scale aggression, defending its independence. The war took tens of thousands of human lives, mutilated human destinies, and thousands of square kilometers of Ukrainian land. The financial stability of the banking system is the most critical aspect of Ukraine's economic stability and national security, especially in military conflicts. War poses several complex challenges to banks, requiring them to manage risks and respond to adverse economic changes effectively. As a result, there is a need to assess the financial stability of the banking system in the face of a full-scale invasion. The purpose of the article is to study and analyze the impact of the military conflict on the financial stability of the banking system of Ukraine. Based on today's observations, it is developing specific strategies and recommendations for ensuring financial stability in the context of military conflict. Results. The article examines the problem of financial stability of the banking system of Ukraine in wartime conditions. The study focuses on identifying key aspects and challenges that arise before banks in military conflicts. The role of banks in ensuring the country's economic stability and national security in the conditions of war is analyzed. Namely, attention is focused on the profitability of the banking sector and the factors that affect it. A parallel was drawn between the NBU discount rate and certificates of deposit. The level of liquidity of the banking sector is characterized. In the article, much attention is paid to the characteristics and assessment of the role of state banks. In conditions of high military risks and significant uncertainty, these banks actively support lending, mainly state-owned enterprises, keep records for government payments, and provide access to banking services through a vast network of branches. They continue to hold the leadership in terms of the size of the network and the attractiveness of public funds, provide loans, and are the most active participants in the state mortgage lending program "eOsel". Measures to improve the financial stability of the banking system of Ukraine during the war are recommended, considering the aspects listed above. To ensure financial stability in the challenging conditions of wartime, concerted efforts, and close coordination of actions of all participants of the financial market are needed: banks, non-bank financial institutions, the National Bank, and other market regulators, as well as adequate support of state authorities. The study suggested that banks optimize the costs of maintaining their networks while ensuring the maximum availability of their services, and state-owned banks update their strategies to address the main weaknesses of their operations and prepare for privatization after the end of hostilities. Despite the difficulties, it is essential to note that the experience and support of international organizations can play a huge role in strengthening the financial stability of Ukraine's banking system in wartime conditions. Joint efforts and professional response of financial institutions are essential factors that will contribute to ensuring financial stability in the country, even during significant military conflicts. Keywords: financial stability, martial law, banking system, instruments for ensuring financial stability.

The article explores the crucial role of Christian education for the youth in the context of fortifying Ukraine's national security, particularly during the Russian-Ukrainian war. An analysis of research and publications indicates that Christian education contributes to the development of resilient individuals grounded in high moral values, possessing advanced social responsibility, and capable of self-sacrifice for the benefit of the homeland. An essential component involves instilling mercy, tolerance, and patriotism in the youth. The article's objective is to study the impact of Christian education on the youth on Ukraine's national security and to identify ways to strengthen it in wartime conditions. The article provides an example of the successful implementation of Christian education among student youth in collaboration between the Ivano-Frankivsk National Medical University and the clergy of the Ivano-Frankivsk Eparchy of the Ukrainian Greek-Catholic Church. The experience of organizing meetings between priests and youth, as well as educators, in university and outreach settings aimed at the development and strengthening of spirituality among both students and their mentors, is discussed. The main conclusions of the article underscore the importance of Christian education for the reinforcement of Ukraine's national security.

The scientific article is intended to study the activity of the Security Service of Ukraine as a subject of ensuring national security in the conditions of martial law. At the beginning of the study, historical data on the creation of the Security Service of Ukraine and its further development were analyzed. Special attention is paid to the events of 2014, namely the annexation of the Autonomous Republic of Crimea and the occupation of large areas of the Donetsk and Luhansk regions. The Draft Law on Amendments to the Law of Ukraine “On the Security Service of Ukraine” on improving the principles of the Security Service of Ukraine dated October 26, 2020 № 3196-d was mentioned and its current state was noted. The current legal provisions of the Security Service of Ukraine, including the Constitution of Ukraine, the Law of Ukraine «On the Security Service of Ukraine», were analyzed. Separately mentioned are the provisions of other legal acts that determine the activities of the Security Service of Ukraine, namely: the Law of Ukraine «On Counterintelligence Activities», the Law of Ukraine «On Combating Terrorism», the Law of Ukraine «On Operative-Investigation Activities», the Law of Ukraine «On the organizational and legal foundations of combating organized crime», the Law of Ukraine «On National Security of Ukraine», the Law of Ukraine «On State Secrets» and others. The activity of the Security Service of Ukraine during martial law, which consists in neutralizing enemy sabotage and intelligence groups, arresting collaborators, enemy spies, participating in hostilities and cooperation with other units of the Armed Forces of Ukraine, has been studied. It is proposed to create a new Code on National Security and Defense of Ukraine, which will clearly regulate the activities of the Security Service of Ukraine and other state and law enforcement agencies in this area. It is also proposed to develop the Regulation on the list of necessary actions to counter the enemy with the definition of the duties of each body.

Purpose. Studying the investment policy in construction in wartime conditions, namely: determining the general characteristics of the investment process in construction in wartime conditions; identification of factors affecting investment activity; analysis of the problems of investment activity in these conditions; development of recommendations for improvement of investment policy in construction in wartime conditions. Methodology. In the process of studying the investment policy of construction enterprises in the conditions of martial law, the following methods were used: expert assessment (allowed obtaining conclusions and recommendations regarding the possibilities of investing in construction projects in conditions of military conflict), scenario modeling (development of various scenarios investing in the construction sector made it possible to analyze the possible consequences and results of each of them), system analysis (taking into account the relationships between various aspects of the investment policy of construction enterprises and its impact on the economy and society as a whole) and marketing research (determining the needs and requirements of the market in relation to investments in the construction sector in the conditions of a military conflict). Findings. The authors indicated the main problems of construction financing: lack of long-term loans and investments for construction; high interest rates on loans; imperfect legislation in the field of construction; lack of transparency and efficiency in the management of public finances allocated for construction. It is proposed to take the following measures: to create conditions for attracting long-term loans and investments in construction; to reduce interest rates on loans; to improve legislation in the field of construction; to improve the transparency and efficiency of the management of public finances allocated for construction; to improve mechanisms of public-private partnership in the field of construction; to develop programs to stimulate housing construction for low-income citizens; to create conditions for the development of small and medium-sized enterprises in the field of construction. To form the investment attractiveness of the construction industry in Ukraine, the authors suggest creating a favorable investment climate that will guarantee investors the protection of their rights and interests; developing transparent and effective rules and procedures for regulation of construction; ensuring access to quality construction materials and equipment at competitive prices; improving the qualification and level of professional training of construction personnel. Originality. The article comprehensively researches the investment policy in construction in the conditions of war for the first time. The authors revealed new regularities in the development of the investment process in construction under martial law, developed recommendations for its improvement. Practical value. The results of the study can be used to form an effective investment policy in construction in wartime conditions. They can also be used to develop measures to support investment activities in construction under martial law.

The article is devoted to the analysis of the legal provision of effective management of an educational institution of Ukraine in wartime conditions, which consists of the effective application of situational management and elements of anti-crisis management. It was found that from February 24, 2022, the full-scale war of the russian federation against Ukraine exacerbated the problem of legal provision of effective management of an educational institution. An analysis of modern research on the issues of legal regulation and ensuring the effective management of an educational institution in war conditions was carried out (for example, information and analytical reports of the State Education Quality Service of Ukraine and reports on the quality of higher education from the National Agency for Quality Assurance of Higher Education). It was determined that the management of educational institutions in wartime conditions is characterized by: constant observation, detection and localization of problematic phenomena that occur in the educational environment of an educational institution; prevention of crisis situations. It was found that the current legal acts do not sufficiently regulate and ensure the effective management of an educational institution during wartime. An analysis of the existing legal provision regarding the management of an educational institution under martial law was carried out. It was concluded that in Ukraine there are gaps in the legal management of an educational institution in wartime conditions, namely: lack of necessary documents, recommendations, courses for teachers regarding actions in wartime conditions; lack of a strategy for compensating educational expenses of education seekers at the state level, etc.; lack of a permanent mechanism for the simultaneous functioning of various forms of education; lack of recommendations regarding the actions of educational institution managers and teaching staff in the event of destruction or damage to an educational institution; lack of recommendations regarding the targeted actions of educational institutions, employees of educational institutions, education management bodies, who found themselves in temporary occupation; there is no understanding of the possibilities of using autonomy in the development of management of an educational institution with existing legal support.

The article examines the state of foreign trade security of Ukraine in 2013-2020. Based on the positive dynamics of the integrated indicator of foreign trade security, the compliance of foreign trade indicators with economic security criteria in most regions of Ukraine is verified. The results of calculating the integrated indicator sensitivity to changes in foreign trade security indicators identify the most common threats to foreign trade at the regional level in 2020. Based on a cluster analysis of Ukraine’s regions for foreign trade security in 2020, common features and problems of foreign trade are outlined. The pre-war state of foreign trade of the regions of each group and the peculiarities of export-import operations under martial law are analyzed. Based on the analysis of foreign trade indicators in 2022 and taking into account the factors of foreign trade security, the key threats to each group of regions during the war are identified. Russia’s aggression is the main external threat, which has a systemic nature and determines the state of the economic security of the regions. As a result of the threat of war, domestic threats are growing, caused by the inefficient structure of the regional economy and raw material exports. For the regions where the export of raw materials predominates, the main threats include the imbalance of foreign trade due to a sharp decline in exports as the result of logistics disruption, complete or partial loss of foreign markets, and increasing import dependence. In wartime, the decline in exports of high-tech goods or science-intensive services due to hostilities, destruction of enterprises and telecommunications, and loss of intellectual potential are the greatest threats to foreign trade security of regions with a significant share of high-tech products and science-intensive services.

The purpose of the article was to study the specifics of the functioning of Ukraine’s customs policy under martial law, with a special emphasis on the mechanisms for stimulating export activities and ensuring the efficiency of the state’s foreign economic processes. The methods of analysis, synthesis, comparison, generalisation of data and logical conclusion of the analysis were used for the study. An integrated approach allowed for a systematic study of the multifaceted nature of customs policy, which included interrelated components. The use of the abstract and logical method contributed to the formulation of the key areas of modernisation of Ukraine’s customs policy in the context of martial law and European integration. The paper examined the peculiarities of Ukraine’s customs policy under martial law, analysed the indicators of foreign trade at the beginning of the war and the activities of the State Customs Service. The key objectives of the customs policy were identified: export development, protection of the internal market and support for the competitiveness of Ukrainian goods. For this purpose, customs tariffs with protective and incentive functions were applied in accordance with economic needs and international obligations. Exports declined, particularly in 2022, but stabilised in 2024. The index of physical exports increased, indicating that production processes improved. The agricultural sector suffered the largest losses. At the same time, the EU and Canada’s decision to temporarily exempt Ukrainian goods from duties contributed to trade liberalisation. Military actions and the blockade of ports changed logistics: rail transport replaced sea transportation, which complicated the work of customs due to the increase in the volume of goods flows. It was proposed simplified approaches to export procedures that can stimulate foreign economic activity. The economic effect of the proposed changes was estimated as a basis for new strategic objectives in the field of foreign trade. The practical value of the work is to provide adaptive solutions to the conditions of uncertainty and chaos arising from the martial law in Ukraine, as well as to improve the procedures and processes of foreign economic activity

В статті розглянуто динаміку показників зовнішньої торгівлі товарами України можна за період 2020-2022 роки. Проаналізовано структуру експорту та імпорту товарів. Показано основні перешкоди для зовнішньої торгівлі України, які виникли у зв’язку з початком повномасштабної війни та окреслено перспективи їх розв’язання у післявоєнний період. Розглянуто дієві інструменти підтримки України в умовах війни з боку Європейського Союзу, які сприятимуть входженню економіки нашої держави до економічного простору ЄС.

The article examines the issue of punishment for treason under martial law. It was found that in view of the full-scale invasion of Russia on the territory of Ukraine, the criminal legislation was supplemented by Part 2 of Art. 111 of the Criminal Code of Ukraine, which provides for responsibility for treason committed under martial law, and establishes a more severe punishment in the form of imprisonment for a term of 15 years or life imprisonment, with mandatory confiscation of property. 50 guilty verdicts passed by courts of first instance in criminal proceedings under Part 2 of Art. 111 of the Criminal Code of Ukraine. The results of such a study made it possible to determine some trends in the imposition of punishment for such a crime. It has been established that treason under martial law is committed under similar legal circumstances, which can be generalized and classified. During the research, it was established that in the absolute majority of cases for the commission of treason, regardless of the circumstances of the crime, mitigating and aggravating circumstances, data about the accused person, the courts impose a minimum sentence of 15 years of imprisonment with full or partial confiscation of property. At the same time, the maximum punishment in the form of life imprisonment is imposed in isolated cases, which, however, raises doubts about the expediency and justification of its appointment. It is established that the courts when choosing the amount of punishment, as required by Art. 65 of the Criminal Code of Ukraine, take into account data on the identity of the culprit and circumstances mitigating and aggravating the punishment. There were also cases of a milder punishment than provided for by the sanction of Part 2 of Article 111 of the Criminal Code of Ukraine, on the basis of Art. 69 of the Criminal Code of Ukraine. It is assumed that such cases of application of Art. 69 of the Criminal Code of Ukraine are not always justified and sometimes excessively reduce the punishment in comparison with the size of the punishment provided for in Part 2 of Art. 111 of the Criminal Code of Ukraine. The situation with the appointment of a minimum punishment within the scope of the sanction and the application of Art. 69 of the Criminal Code of Ukraine is explained by the imperfection of the sanction, which is difficult from the point of view of law enforcement. Based on the results of the analysis, the assumption was made that the sanction under Part 2 of Art. 111 of the Criminal Code of Ukraine, as well as suggested ways to solve this problem. Key words: treason, national security of Ukraine, martial law, punishment, sentencing, life imprisonment, an absolutely defined sanction, transfer to the side of the enemy, subversion, aggressor state, differentiation of criminal responsibility, individualization of punishment, confiscation of property.

Introduction. The article addresses the significance of financial monitoring in the context of Ukraine's national security, emphasizing its role during martial law. The author employs a comprehensive approach, including methods of generalization, comparison, and systemic analysis, to evaluate financial monitoring as a key element in ensuring financial stability and countering the financing of terrorism. The article underscores the importance of integrating financial monitoring with international standards and practices, as well as the need for its enhancement and precision to meet contemporary challenges. An analysis of international experience highlights potential directions for improving Ukraine's financial monitoring system, considering its significance for supporting economic stability and the country's defence capability. The article draws attention to the strategic importance of financial monitoring in the context of national security, especially in wartime, and the necessity of adapting and implementing advanced practices and methodologies for effective financial resource management. Purpose. The aim is to analyze and evaluate the role of financial monitoring as a key tool in the system of ensuring Ukraine's national security. Method (methodology). The following methods will be used to achieve the research objective: generalization, comparison, systemic analysis, etc. Results. The role of financial monitoring as one of the key tools in ensuring Ukraine's national security is analyzed. The impact of financial monitoring on ensuring the country's defence capability and economic stability is studied. An analysis of international experience that can be adapted to Ukrainian realities for effective financial monitoring and countering threats to national security is conducted.

The peculiarities of legal regulation of labor relations, which are established by the special labor legislation of Ukraine under martial law, have been considered. The labor legislation, aimed at ensuring the realization of the right to work and rest in peacetime, turned out to be unable for objective reasons to regulate such relations in wartime conditions, therefore a separate Law of Ukraine “On the Organization of Labor Relations in Conditions of Martial Law” was adopted. The individual labor rights of employees, which are limited by legislation during the martial law, have been investigated, and their consequences for both sides of labor relations have been clarified. On the territory of the country, in accordance with the Decree of the President of Ukraine “On the introduction of martial law in Ukraine”, the legislator temporarily limited a number of constitutional rights and freedoms of a person and a citizen for the period of the legal regime of martial law. The labor rights of Ukrainian citizens to work and to strike, which are provided for in Articles 43-44 of the Constitution of Ukraine, were also limited. The essence of the concept of “martial law” and its features in terms of regulating labor relations have been clarified. It has been noted that there are no definitions of the categories “state of war” and “martial law” in the national legislation. The scientific views of scientists on this issue have been studied. The provisions of the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law” have been analyzed with an emphasis on the realization of the right to work during the operation of the country under martial law, in particular the issues of: a) concluding an employment contract; b) termination of the employment contract; c) rest time d) working time. Ways of improving and supplementing the current labor legislation, which regulates the issue of labor relations of employees of all forms of ownership and types of activity, have been proposed.

This contribution explores the issues of special regimes, a notion of martial law, a notion and features of economic activities, the implementation of economic activities, taxation of economic entities and state of business in Ukraine under the martial law. Theoretical and practical interest in the issues of economic activities implementation and taxation of economic entities in Ukraine under the martial law is caused, first and foremost, by social, economic and geopolitical transformations that have been unfolding in the world in recent years. Under the current circumstances, Ukraine is faced with a range of issues that can only be solved through identification and analysis of real and potential threats to the economic entities in martial law conditions. A significant number of global threats necessitates the creation of special legal mechanisms regulating the public relations that arise in cases of military, social, technogenic and natural emergences. The goal of this contribution is to study the notion and implementation of economic activities and peculiarities of economic entities taxation, as well as to review and analyze the legislation amendments concerning the implementation of economic activities and conditions, in which businesses are conducted, under the martial law in Ukraine. The author concludes that not only do businesses continue paying taxes to the State Budget, but they also do that in advance. In February 2022, the General Fund of the State Budget received 104,6 billion UAH, which exceeds the monthly norm by 29,3% or 23,7 billion UAH. Considering the projected deficit of 66,2 billion UAH in the first two months of 2022, the surplus of the General Fund amounted to 13,1 billion UAH and of the State Budget in general – to 24 billion UAH. The National Bank of Ukraine (NBU) has promptly transferred almost 19 billion UAH of the profit to the State Budget to financially secure functioning of the State in the wartime conditions. Consequently, total deregulation of business and introduction of tax incentives are the only possible steps to ensure the efficient functioning of the economy and implementation of the economic activities by business entities under the martial law.