Administrative and legal regime of martial law

Abstract

Currently, Ukraine is under martial law. Historically, it is known that military conflicts of various nature and scale have become an integral feature of the evolution of mankind since ancient times. And therefore, in ancient times, war was a normal, natural state of nations, while peace was an accidental state. Humanity has become more aware of the value of life. However, in the 21st century, Ukraine faced events that, in our time, seemed to be unacceptable, and many citizens have the question of what the martial law regime is, what are its main aspects, taking into account their significant consequences for the normal life of the population. Martial law is a special legal regime introduced on the territory of Ukraine or in some of its localities, which gives the military command, state authorities, military administrations and local self-government bodies certain powers necessary to avert a potential threat, repel armed aggression and ensure national security within countries. The introduction of martial law is associated with the implementation of certain legal procedures provided for by national legislation. The introduction of martial law is carried out by the highest authorities of the state. Law of Ukraine No. 389-VIII «On the Legal Regime of Martial Law» establishes the procedure for introducing martial law in Ukraine. The National Security and Defense Council of Ukraine submits proposals for the introduction of martial law in Ukraine or in some of its localities for consideration by the President of Ukraine. In connection with the introduction of martial law in Ukraine, the constitutional rights and freedoms of a person and a citizen, provided for in Articles 30-34, 38, 39, 41-44, 53 of the Constitution of Ukraine, may be temporarily limited for the period of the legal regime of martial law, as well as to introduce temporary restrictions on the rights and legal interests of legal entities within the limits and to the extent necessary to ensure the possibility of introducing and carrying out measures of the legal regime of martial law, which are provided for by the first part of Article 8 of the Law of Ukraine «On the Legal Regime of Martial Law». Thus, in the event of the introduction of a legal regime of martial law, significant restrictions on the rights of both individuals and legal entities may be applied. However, such restrictions may occur except within the limits of temporary restrictions on the constitutional rights and freedoms of a person and a citizen, as well as the rights and legal interests of legal entities, provided for by the decree of the President of Ukraine on the introduction of martial law. Therefore, in the case of the initiation of the procedure for the introduction of the legal regime of martial law, as it happened in Ukraine, information on the features and main aspects of this regime is relevant and important.