SHEVCHENKO V. Administrative and legal status of military and civilian administrations

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U002550

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

17-05-2019

Specialized Academic Board

Д 41.884.04

Odessa State University of Internal Affairs

Essay

The thesis presents an analysis of the legal framework as a result of structural modernization of local executive authorities and local self-government bodies in the Donetsk and Luhansk regions, effective organization of fruitful cooperation, a qualitatively new form of local government has been formed, and in fact – civil-military administrations, which generally showed its effectiveness and effectiveness in the process of confronting the military occupation of the aggressor country. The civil-military administrations are state authorities with the administrative and legal status being a complex organizational and legal structure. Its uniqueness lies in the fact that one state body combines administrative and law enforcement functions. Therefore, to fully and comprehensively reveal its contents it is advisable to identify the main features of state executive authority as the agent of administration and, on this basis, to reveal the contents and features of administrative and legal status of civil-military administrations. For this purpose, one should turn to the provisions developed by the science of administrative law. The definition of the administrative and legal status of civil-military administrations is formulated, which is a regulated at the legislative level procedure for their formation and functioning, assignment of the main powers, directions of their activity and interaction with other state authorities, law enforcement agencies and military formations in order to ensure public order and national security. The specifics of the powers of civil-military administrations allows making their conditional division into general, that is, those that are characteristic of the activities of local authorities and local self-government bodies, and special that are characteristic of the activity of law-enforcement agencies in the field of maintenance of public order and safety. That is, the matter is about the dualistic nature of the competence of civil-military administrations. It is concluded that there are two directions of development of the national legislation concerning the regulation of relations in the field of local self-government: a) the rules establishing the mechanism for the introduction of decentralization of power and provision of local communities with extended powers of administration of the respective territories; b) the rules aimed at strengthening the public administration with the elements of the military organization of administration in the areas covered by the operation of the united forces. The necessity of further scientific researches on the development of the powers of civil-military administrations in the field of preparation and protection of the corresponding administrative-territorial unit in case of armed aggression or armed conflict has been emphasized, as there are currently two vectors of competence of civil-military administrations: a) ensuring public administration and local self-government; b) maintenance of public order and safety. It is proved that the powers of civil-military administrations represent a set of legally established rights and obligations necessary for the fulfillment of their basic functions. The definition of “powers” is an intrinsic property and a basic component of competence, which is interpreted as the ability of civil-military administrations to engage in legal relationships in order to fulfill their assigned tasks and functions having specific content and powers. It was stated that the legal regulation of functioning of civil-military administrations shall: a) be carried out in conditions of emergency legal regimes; b) be provided at the highest (constitutional) level. Based on the analysis of the constitutional legislation of foreign countries, the key features of extraordinary legal regimes are identified: a) the official implementation procedure; b) formation of temporary state authorities while observing the principle of the fixed period of their functioning; c) concentration of powers within the competence of the executive branch, expansion of their volume; d) giving priority to police and military formations. Thus, the paper provides the definition of the administrative and legal status of civil-military administrations is formulated, which is a regulated at the legislative level procedure for their formation and functioning, assigned main powers, directions of their activity and interaction with other state authorities, law enforcement ag

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