ORGANIZATIONAL AND LEGAL FOUNDATIONS FOR MOBILIZING THE POPULATION UNDER MARTIAL LAW: ISRAEL’S EXPERIENCE AND GUIDELINES FOR DEVELOPING UKRAINE’S SECURITY LEGISLATION

Abstract

The article provides a comprehensive scientific and legal analysis of the organizational and legal basis for mobilizing the population under martial law, using the example of the State of Israel, with the aim of identifying possible guidelines for the further development of Ukraine’s security legislation. The relevance of the study is determined by the armed aggression of the Russian Federation against Ukraine, the prolonged application of the legal regime of martial law, and the need to improve the national model of mobilization training and mobilization, taking into account the foreign experience of states operating in conditions of constant security threats. The work reveals the theoretical and legal foundations of mobilization of the population and mobilization training as complex institutions of public law, formed at the intersection of constitutional, administrative, and military law. It analyzes the regulatory and legal framework for mobilization in Israel, in particular the provisions of the Basic Laws, legislation on military service and reserves, as well as the peculiarities of the functioning of emergency legal regimes in the national security system. Particular attention is paid to the role of public authorities, mechanisms of inter-institutional coordination, and legal guarantees for the implementation of citizens’ mobilization duties. The article assesses the effectiveness of the Israeli mobilization model in terms of its organizational capacity, legal certainty, and public legitimacy. It is argued that the key factors for the sustainability of this model are the institutional integration of society into the implementation of the state’s security policy, the stability of legal regulation of mobilization relations, and the existence of effective mechanisms of democratic and judicial control, in particular the application of the principle of proportionality. Based on the analysis, implementation guidelines for Ukraine have been formulated, aimed at further developing security legislation, improving the reserve institution, and ensuring a balance between defense needs and the principles of the rule of law in a state of martial law.