Stupak D. Administrative and legal support of the legal regime of martial law

The dissertation is devoted to the solution of individual theoretical and practical issues of the general problems of administrative and legal support of the legal regime of martial law. Proposals were developed and recommendations were made for improving the activities of public administration entities under the conditions of this legal regime. The theoretical and methodological principles of regulation of special administrative and legal regimes in Ukraine have been studied. The author's definition of a special administrative-legal regime is proposed. Characteristic features of such regimes are singled out. The main characteristics of the legal regime of martial law were studied and its author's definition was proposed. The specific features of this legal regime are singled out, namely: the granting of additional powers to the subjects of the provision of this legal regime; the possibility of forming new temporary state bodies - military administrations, as well as temporary military management bodies - operational-tactical and operational-strategic groups of troops; application of imperative management methods; forced use and alienation of material resources of legal entities to ensure measures of this legal regime. A comparative legal characterization of the legal regimes of the anti-terrorist operation and the operation of the United Forces in Ukraine was carried out. It has been established that, by their characteristics, such regimes belong to special administrative and legal regimes. The legality and expediency of applying a special administrative-legal regime of martial law with the beginning of the Russian armed aggression against Ukraine is substantiated. The author's definition of the administrative and legal provision of the legal regime of martial law is proposed. Its structure is determined, namely: the object of administrative and legal support of the legal regime of martial law; subject (subjects) of administrative and legal support; norms of administrative law (administrative legal norms); administrative and legal relations; guarantees A system of military-administrative acts is defined, with the help of which the administrative-legal regulation of the legal regime of martial law is carried out. It is emphasized that the orders and orders of the military command and military administrations, as special subjects of ensuring the administrative-legal regime of martial law, play a key role and occupy an important place in the system of regulatory and legal acts that ensure the administrative-legal regulation of social relations in the conditions the legal regime of martial law. The author's position on the system of subjects of administrative and legal support of the legal regime of martial law was formed and their classification was carried out. A feature of the system of subjects of administrative and legal support of the legal regime of martial law is the creation of new, temporary subjects of public administration, which are entrusted with the task of directly implementing the measures of this legal regime in the territories where martial law has been imposed. It was established that the exercise of powers by subjects of administrative and legal support of the legal regime of martial law is carried out with the help of legal instruments. The main instruments of administrative and legal support of the legal regime of martial law include: regulatory and legal acts; plans and actual actions. Attention is focused on the features of using such a tool as a plan. It was determined that the peculiarity of the latter lies in the unification in its content and structure of all other instruments of administrative and legal support. An analysis of the administrative and legal provision of special legal regimes in foreign countries, in particular in the United States of America, the French Republic, and the Federal Republic of Germany, was carried out. It was concluded that despite different legal systems and forms of government, foreign democratic countries, when applying such a legal instrument as administrative-legal regimes, adhere to the single principles of democracy and human rights. The need to improve the administrative and legal provision of the legal regime of martial law in Ukraine is substantiated. In particular, it is proposed to amend the Law of Ukraine "On the Legal Regime of Martial Law" in terms of granting the President of Ukraine the authority to unilaterally make a decision on the extension of the legal regime under exceptional circumstances, namely, in cases where the Verkhovna Rada of Ukraine, due to reasons caused by armed aggression, does not can exercise its powers. The project of the Model Plan for the introduction and implementation of measures of the legal regime of martial law is proposed.