Martial State Research Articles

Martial state, war time

Martial state, war time

Financial security of the banking system of Ukraine under the conditions of martial state: classification of possible threats

Financial security of the banking system of Ukraine under the conditions of martial state: classification of possible threats

Legal Expertise of Draft Laws in the Sphere of Economic Activity under the Conditions of European Integration and the Action of the Legal Regime of Martial State

Legal Expertise of Draft Laws in the Sphere of Economic Activity under the Conditions of European Integration and the Action of the Legal Regime of Martial State

Features of state support of business entities under the conditions of the legal regime of martial state

Features of state support of business entities under the conditions of the legal regime of martial state

Ethical aspects of a journalist’s work under the conditions of martial state

The article attempts to analyze the ethical aspects of a journalist’s work under martial law. The purpose and objectives of the research. The purpose of our research is to study the state of development of the issue of ethical norms of journalist activity in the conditions of martial law and to formulate the main ethical dilemmas in the work of modern media outlets. On the basis of modern research in the field of social communications, the state of development and research of the problem by Ukrainian scientists was studied. On the basis of the systematic method, which helped to form the characteristics of the concept of «ethical norm», its influence on the activity of a journalist and the peculiarities of the integration of ethical norms and the formation of public opinion in the conditions of martial law, the method of comparisons, which allowed to reveal the qualitative characteristics of the concept of «ethical norm» and to study the views modern researchers on the formation of this concept and the general comprehensive approach, which was the leading methodology of our research, the use of various Ukrainian and foreign codes of ethical norms, normative and legal framework regulating the activities of journalists and media outlets, in particular within the legal regime of martial law, was studied in the journalistic discourse. The concept of fact-checking and data verification during the presentation of information by a journalist and means of mass communication was studied separately; sources of effective fact-checking and data verification for the creation of highquality media content are identified. Summing up, the state of war requires special care, ethics, and responsibility from journalists in their professional activities. They must be guided by generally accepted standards of journalism, take into account the principles of information policy, and comply with the legislation regulating the dissemination of information. Ensuring objectivity, accuracy, and balance of information, as well as protection of human rights and freedoms, are the main priorities during martial law.

Administrative-legal regime of martial state: content and foreign experience of legal regulation

Administrative-legal regime of martial state: content and foreign experience of legal regulation

Factual grounds for the application of the special legal regime of martial state

The factual grounds for the application of a special legal regime of martial law in Ukraine and foreign countries at the current stage and in the historical and legal context have been studied. The concept of an armed attack as a factual basis for the introduction of martial law is analyzed. The normative-legal interpretation of the concept of "threat of attack" in national Ukrainian legislation is shown. It is emphasized that armed aggression in modern theory and practice means external armed aggression, the commission of which constitutes a violation of such a fundamental principle of international law as the non-use of force or the threat of force in international relations, which is formulated in mandatory international legal norms and the recognition of such norms an integral part of the national legal systems of all states of the world without exception, even without the ratification of those sources that contain the main principles of international law and generally recognized norms and principles of international humanitarian law. It is shown that the solution of internal social crises of an economic, political or any other substantive nature can be a controversial from the point of view of international legal and constitutional legal legitimacy in some foreign states. The current Ukrainian legislation quite justifiably does not include similar situations in the list of possible factual grounds for imposing martial law, since a special legal regime for internal crisis situations is a state of emergency. It has been established that according to the current Ukrainian legislation, the following factual grounds for the application of martial law as a special legal regime are recognized as possible: a) armed aggression; b) threat of attack. At the same time, both such situations should pose a danger to the state independence of Ukraine and/or its territorial integrity, which is a natural, immanently inherent property of any act of aggression or its real threat. Based on a similar formal and legal definition of the factual grounds for the application of martial law according to the current Ukrainian legislation, each of the possible factual grounds for the application of a special legal regime of martial law was considered separately in order to establish their content, scope and provide a proper interpretation in the context of the general ideas of modern constitutionalism about a special order of functioning systems of bodies and officials of public authorities and permissible and necessary temporary restrictions of the constitutional rights and freedoms of a person and a citizen.

Mediation as a way of settlement of legal disputes under the conditions of martial state.

Mediation as a way of settlement of legal disputes under the conditions of martial state.

Organizational and methodological aspects of the formation and development of the professional competences of future officers of the NGU in the conditions of the martial state

The article is devoted to one of the urgent problems of the study of the formation and development of professional competences of future officers of the NGU in the conditions of martial law. An analysis of the key concepts of the research «professional competence», «professional competence of future officers of the NGU» was carried out. The main requests of modern society to the personality of a military serviceman are outlined. The organizational and methodological aspects of the formation and development of professional competences of future officers of the NGU in the conditions of martial law were defined and substantiated. A complex of general scientific methods of conducting the research was used, such as: the method of analysis and synthesis; scientific abstraction, induction and deduction; project method. The key professional competencies of future officers of the NGU have been determined, including: civil; administrative and informational; communicative; individual and psychological; socio-legal; moral and ethical; general military, tactical, tactical-special; psychological and pedagogical; military and technical. It has been proven that the successful formation and development of professional competence of future officers of the NGU in the conditions of martial law will be carried out under the condition of compliance with organizational and methodological aspects. The component structure of the author’s scheme of the approximate model of the formation of professional competence of future officers of the NGU in the conditions of martial law has been developed and substantiated.

Search for resources for teachers and families, who raise children with special needs, under the conditions of the martial state

Challenges in the Ukrainian education of children with special needs in the conditions of war became objective difficulties: threat to life, limitation of the opportunity to fully gain access to education, energy shortages. The issue of finding resources for overcoming these difficulties by Ukrainian parents and teachers is becoming urgent. It is important not just to investigate the difficulties themselves, but to reveal the real experience of finding and using in everyday life effective ways and ways to continue learning, preserve and develop the personal potential of children with special needs.

Public Libraries of the United Territorial Communities of Odesa Region in Conditions of Martial State: Activity Peculiarities

The aim of the article is to highlight peculiarities of public libraries activity in Odesa region, taking into account the martial state conditions, and paying special attention to the main directions of their work processes since the full-scale invasion of Russian troops. The methodology of this research is based on general scientific principles of theory and practice unity, systematicity and complexity of cognition. In order to achieve the set goal, the usage of methods on research empirical and theoretical levels has been applied: general scientific methods (description, analysis, synthesis, comparison, generalisation), and special ones (information collecting and processing of the selective observation, content analysis). The scientific novelty of this study grounds on the generalisation and systematisation of new and certain data about public libraries activity in Odesa region in martial state conditions. Сonclusions. It is confirmed that in conditions of full-scale invasion, as well as war with Russia in total, public libraries of Odesa region, essentially, have transformed into important foundations of life activity in OTC (Odesa territorial communities), media- and cultural centres, territories of co-creation, understanding, psychological comfort and security owing to support of communities and other colleagues by interest. It has been shortly described that overcoming the serious challenges and threats, nowadays, public libraries space of the region is positioned not only as a space of enlightenment and tolerance, culture, science and education, but also as a national-patriotic and anti-crisis hub of support, consolidation and growth of the social and human capital. The attention is put on the fact that during the war public libraries stand in solidarity with communities, use all efficient forms and methods of cooperation for helping communities relying on their own work developments and experience. It has been determined that in the aspect of cooperation with local self-government structures, public libraries of Odesa region actively promote the formal and non-formal education, self-education and community progress, as well as popularise reading and give access to the book fund, perform their functions as cultural centres (lectures, discussions with different specialists, book exhibitions, master-classes, creative meetings, etc.), conduct events and classes of national patriotic education, support the Armed Forces of Ukraine, provide informative and consulting support, help refugees and internally displaced people with all possible fast adaptation to the new place and integration into the local community.

Public Libraries of Ukraine in Terms of the Martial State: Losses and Challenges

The purpose of the article is to research and generalize the consequences of the destruction and loss of public libraries of Ukraine during the full-scale offensive of Russia on the territory of Ukraine from February 24, 2022.
 The research methodology is based on both general scientific methods - analysis, synthesis, and informative, retrospective research methods are used, which are used to monitor the state of public libraries during the Russian military aggression on the territory of Ukraine and the occupation of certain territories from February 2022.
 The scientific novelty of the study consists in the systematization of a wide range of actual material on the state of Ukrainian libraries during the Russian military aggression; for the first time, separate statistical data and informational materials on the loss and destruction of public libraries during the full-scale offensive of the Russian Federation from February 2022 were introduced into scientific circulation.
 Conclusions. Studying the consequences of the destruction and loss of public libraries since the beginning of the full-scale invasion of Russia on the territory of Ukraine, it is possible to determine the main trends:
 
 there is a reduction in the network of public libraries in all regions of Ukraine, especially in war zones;
 there are processes of destruction and damage (full or partial) of library buildings, loss of material and technical means (personal computers, duplicating equipment, multimedia equipment, furniture, etc.);
 the complete or partial loss of library funds by individual public libraries continues, especially in Kharkiv, Zaporizhzhia, Mykolaiv, Donetsk and other frontline regions;
 now losses during the war are already recorded, but the determined amount of damage to public libraries is quite approximate, it will increase with the continuation of the war;
 regardless of the difficult situation in the conditions of martial law and the continuation of armed aggression, public libraries mobilized all available resources to carry out volunteer, social, psychological and informational activities.
 
 Given that libraries play a significant role in preserving national interests, the problem of protecting library funds in wartime is an important component of the Ukrainian state's cultural policy. The Ministry of Culture and Information Policy must now, without waiting for the end of the war, to develop, together with other state structures, proposals for the restoration of damaged library buildings, the preservation of existing and the creation of new funds. The main tasks of librarians should also be to preserve for future generations the memory of the heroic struggle of Ukrainians for their state during the armed Russian aggression, the systematization of documentary evidence about the combat path of the Armed Forces of Ukraine, volunteer battalions, the activities of the territorial defense, volunteers, and the facts of the crimes of the Russian aggressors during the temporary occupation of certain regions of Ukraine.

Some Features of Taxation of Business Subjects Under the Conditions of Martial State

Problem setting. The creation of an effective system of taxation of business entities is one of the main conditions for the effective functioning of the country’s economy and finances, in addition to the fact that the state ensures the redistribution of the gross domestic product and forms centralized and decentralized funds that affect not only the state’s ability to perform its functions, but also and economic status of economic agents. It is precisely in connection with this that, when forming the tax system, the state must take into account the world experience of its construction on generally accepted principles. Analysis of recent researches and publications. The works of such legal scholars and economists as V.O. Ryadinska, K.O. Tokareva, D.A. Kobylnyk, M.P. Kucheryavenko were devoted to the issue of taxation of economic entities, including under martial law. Ovcharenko A.S., Melnyk T.Y., Ivanishyna O.S., Demidenko L.S. and other. Target of the research is to clarify the peculiarities of taxation of business entities under martial law and to determine the main features and problematic issues of such taxation under martial law. Article’s main body. The article examines the peculiarities of taxation of business entities under martial law. It was noted that with the beginning of the full-scale invasion of Russian troops on our territory on February 24, 2022, the functioning of the entire social and state mechanism of Ukraine underwent forced changes. Such changes did not bypass the sphere of activity of business entities, in particular, the taxation of their activities. It is emphasized that from April 1, 2022, a new taxation model, which operates under martial law, was put into effect. It provides for the possibility of business entities to choose a special taxation regime. The introduced special taxation regime provides that taxpayers of the third group will pay a single tax of 2% of income. However, it is not enough to ensure the problem of VAT settlement from the book value of inventory balances, noncurrent assets, since the provisions on the exemption from VAT taxation of transitory balances of non-current assets have not been clarified, because before that, in the event of a change from the general taxation system to a simplified one, the VAT payer will be required to calculate tax liabilities for the following balances. Conclusions and prospects for the development. As a conclusion, it is emphasized that the introduced tax changes enable business entities to save money on paying taxes and invest them in further economic activity and thus support and develop it. At the same time, business entities must support the Ukrainian economy and, if possible, pay taxes (on a voluntary basis) and fill the budget so that the state can perform its functions. In the future, it is necessary to implement operational deregulation and update the state policy in the direction of tax and customs spheres.

Legal Security of Public Administration in Ukraine during the Conditions of Martial State: Theoretical Aspects and Practice

This article is the first and planned publication by the authors of the results of the study of legal, organizational and informational support for the effective functioning of public administration in Ukraine under martial law. In order to identify and generalize the characteristic features of the transformation of public administration under martial law, the authors analyzed normative legal acts, the results of sociological research, and materials from the websites of Ukrainian authorities. A thematic review of scientific publications was also conducted. The red thread in the article is the idea of the need to combine ensuring the adequacy of public administration to the conditions of martial law and preserving democracy with the aim of maximally realizing the rights and freedoms of citizens and their active participation in countering the enemy. It is argued that the legal provision of public administration in the conditions of martial law is based on a number of normative legal acts adopted before the beginning of the war. The tasks and directions of regulatory and legal support for the transformation of public administration are revealed.

He Concept of the implementation of the student-centered approach to the organization of the educational process under the conditions of the martial state.

he Concept of the implementation of the student-centered approach to the organization of the educational process under the conditions of the martial state.

The justice system in Ukraine and the problems of its functioning under the conditions of the martial state

The justice system in Ukraine and the problems of its functioning under the conditions of the martial state

Tax and customs preferences und er the condition s of martial state in Ukraine

Problem setting. Business in wartime conditions faces a large number of problems, among which the main ones are: a decrease in demand for products, an increase in the prices of raw materials and materials, a lack of working capital, problems with delivery and export, a shortage of fuel and an increase in its prices. The absence of a functioning business in the country, or even in some of its regions, has a negative impact on the amount of income to the budget, and also has a negative impact on the labor market. Thus, since the beginning of the full-scale war of Russia against Ukraine, the Verkhovna Rada of Ukraine has adopted a number of significant changes to the legislation, which provide for a significant relaxation of taxation for businesses during the period of martial law. This position of the legislator is quite logical and well-argued, since the wartime economy needs tax liberalization. In particular, it is about reducing the tax burden and simplifying their administration procedures. Analysis of recent researches and publications. Such researchers as: O. Dmytryk, V. Ryadinska, O. Semchyk, K. Tokarieva and others are engaged in researching current problems of tax and legal regulation. However, taking into account the fact that Russia’s military aggression against Ukraine caused a large number of changes to the current legislation, new legal norms of tax and customs regulation were introduced, there is a need for appropriate monitoring of new changes. Target of the article is to analyze some tax and customs preferences in the conditions of martial law in Ukraine. Article’s main body. The article analyzes a number of tax and customs preferences under martial law in Ukraine. It is emphasized that the wartime economy needs to reduce the tax burden on business and simplify the procedures for the administration of taxes and fees. Preferences for industrial parks in Ukraine are considered as one of the directions of development of post-war Ukraine. Conclusions and prospects for the development. The above testifies to the comprehensive approach of the legislator to granting preferences in industrial production, in particular, for the activity of industrial parks in Ukraine. Such changes are considered positive given the fact that in the post-war reconstruction of Ukraine, issues related to the introduction of modern technologies into all spheres of social life, the development and integration of innovations into production processes are becoming more relevant. In addition, the consequences of the military aggression of the Russian Federation had a very negative impact on the national economy of Ukraine, for its restoration it will be necessary to attract large-scale investments, and therefore in every possible way to form a favorable investment climate.

Main trends in the development of labour law under the conditions of martial state

The article emphasizes the role and importance of labour law as one of the fundamental branches in the legal system of Ukraine. Labour law is distinguished from other branches of law, first of all, by its social focus. In the conditions of martial law, labour law remains the guarantor of ensuring the labour rights of employees and employers and does not change its essence, social significance and social purpose.
 The main task of modern labour law in the conditions of martial law, as in peacetime, remains the development of an effective sectoral mechanism for ensuring the labour rights, freedoms and interests of employees and employers. It is about the proper establishment of the list of basic labour rights of the employee and the employer at the legislative level in accordance with international and European standards, as well as guarantees of their implementation, forms, methods and means of protection.
 Based on the analysis of the content of legislative acts adopted under martial law, the following main trends in the development of modern labour law in a special period have been identified:
 1) establishment of certain limitations and features of the organization of labour relations with observance of minimum labour guarantees;
 2) strengthening the protection of labour rights of employees and guarantees of their implementation;
 3) strengthening the flexibility of legal regulation of labour relations, employee mobility when exercising the right to work;
 4) expansion of the contractual basis for regulating labour relations.
 Emphasis is placed on the fact that when adopting new laws, introducing changes and additions to existing acts in the conditions of martial law, the legislative approach to the regulation of individual and collective labour relations should remain unchanged and, as in peacetime, should be aimed at preserving labour law as a separate branch of law with its independent sectoral legal mechanism – subject, method, principles of legal regulation, system of the branch of law, its sources and functions.

Determination of the triage skill and knowledge levels of prehospital emergency medical staff: A cross-sectional study

• There is a significant association between knowledge and skills, even though knowledge level is low and skill level is high among emergency nurses. • High level of knowledge and skills were significantly associated with 5–7 years of work experience. • Martial states were significantly associated with high skills among emergency nurse.

SOME FEATURES OF AVIATION CRIMES DURING MARTIAL TIME

The purpose of this article is to analyze aviation crimes in martial time and develop theoretical and practical recommendations to combat this phenomenon. Methods: general and special scientific methods were used to achieve this purpose. The use of these methods allowed to outline the problems of combating of aviation crimes from a criminal law point of view and to offer practical recommendations for combating this phenomenon. Results: during the preparation of the article, martial state was declared in Ukraine in connection with the attack of the Russian Federation. Contrary to international law, Russia has not officially declared war on Ukraine. In Ukraine war crimes introduced additional responsibility only for the Ukrainian military, there are special features of qualification. As Ukraine has now closed the airspace to all aircraft except Ukrainian state military aircraft, all Russian military pilots who perform combat sorties in Ukrainian airspace are liable both as ordinary airspace violators and as criminals against humanity. The article considers 3 main situations of war aviation crimes: investigation; flight with ammunition; bombing of non-residential buildings and bombing of civilian objects from the point of view of the criminal law and given practical recommendations on the possible qualification of such actions under the laws of Ukraine.