MILITARY ADMINISTRATIONS IN THE MECHANISM FOR ENSURING THE SUSTAINABILITY OF PUBLIC ADMINISTRATION UNDER MARTIAL LAW

Abstract

This article examines the place and role of military administrations within the framework of local public administration under the legal regime of martial law, the establishment of which is provided for by the Law “On the Legal Regime of Martial Law.” In particular, based on an analysis of the relevant constitutional provisions, it is noted that the specific features of the legal regime of martial law in Ukraine, as a democratic state governed by the rule of law, must be defined at the legislative level exclusively within the limits established by the Constitution of Ukraine. In this regard, the article conducts a scientific and critical analysis from the perspective of constitutionality regarding a number of provisions of the Law “On the Legal Regime of Martial Law,” which provide for the possibility of establishing temporary state bodies — military administrations—which are entrusted not only with implementing measures of the legal regime of martial law but also with resolving issues assigned by the Constitution and laws of Ukraine to the jurisdiction of local state administrations and local self-government bodies. The conclusion is substantiated that, in territories where martial law has been declared, it is local state administrations and local self-government bodies—and not military administrations, which are temporary state bodies not provided for by the Constitution of Ukraine—that must establish and implement the legal regime of martial law within the limits of the powers defined by the Constitution and laws of Ukraine. The main directions for defining the legal regime of martial law in Ukraine and in its individual localities at the legislative level are outlined. In particular, these directions include: 1) defining the procedure for its introduction and repeal; 2) defining the system of measures constituting its content; 3) granting state bodies, in particular executive authorities and local self-government bodies, additional powers and material and financial resources necessary for the implementation of measures under the legal regime of martial law; 4) the proportional restriction of the constitutional rights and freedoms of individuals and citizens, as well as the rights and legitimate interests of legal entities, with an indication of the duration of these restrictions.