State-legal coercion as a method of implementing Ukraine’s political function in the conditions of martial law

Abstract

The article examines state-legal coercion as a method of implementing Ukraine’s political function in modern conditions. Normative legal acts are identified, and measures of state-legal coercion in the conditions of a state of war are provided. In modern conditions, it is important that state-legal coercion is used in accordance with the principles of the rule of law, taking into account the rights and freedoms of citizens, as well as international human rights standards. It is important to ensure that it does not violate the rights and freedoms of citizens and is not used for political persecution. Ukraine, as a democratic country, is obliged to adhere to these principles in all aspects of its policy and activities. However, during the full-scale Russian invasion, significant changes were made to the current legislation, which affected the rights and obligations of ordinary citizens of Ukraine, as well as certain state bodies. These measures must be applied in accordance with normative legal acts and are temporary in nature, aimed at overcoming an emergency situation (military aggression) and restoring the normal functioning of the state. Due to the prolonged military aggression, state coercion measures are closely related to the sphere of human rights and the rule of law, which is the cornerstone of the implementation of our state’s political function. The state of war is characterized by significant changes in the legal status of subjects of legal relations, as well as an expansion of the competence of state authorities and administration. This is primarily reflected in a sharp increase in the volume of state-legal coercion, which does not have the character of administrative penalties. In summary, it can be concluded that the legal regime of a state of war consists of a system of legal norms, predominantly of an administrative nature, which primarily restrict the rights and freedoms of citizens, as well as the rights of legal entities. These measures expand the powers of state authorities and are introduced in specific territories in the event of specified emergency circumstances, with the aim of the swift restoration and maintenance of the rule of law.