Administrative and legal framework of public administration under martial law and emergency situations: challenges and reform prospects

The main idea of this paper is to critically examine the legal regulation of public authorities’ powers during the implementation of martial law in Ukraine, analyze gaps and conflicts in current legislation, and propose ways to improve it to ensure balance between management effectiveness and human rights. Through comprehensive analysis of the regulatory framework and comparative study of international experience, key shortcomings in current legislation have been identified, including: excessive concentration of power at the central level, insufficient coordination between military and civil administrations, limited mechanisms of democratic control, and lack of transparency in public resource utilization. Special attention is paid to analyzing the distribution of powers between military-civil administrations and local self-government bodies, as well as addressing the rights of internally displaced persons and residents of de-occupied territories. The study examines the experience of EU and NATO countries in organizing public administration during crisis conditions, particularly practices from France, Germany, and the Baltic states. Based on this research, specific directions for improving legal regulation are proposed, aimed at ensuring balance between operational management decisions and maintaining democratic principles and mechanisms. Practical recommendations have been developed regarding the detailed allocation of powers across different levels of government, implementation of effective coordination and control mechanisms, enhanced transparency in public resource usage, and protection of citizens’ rights under martial law. The research makes significant contributions by developing an innovative framework for balancing security needs with democratic governance, proposing concrete legislative amendments, and creating a comprehensive roadmap for administrative reform under martial law that aligns with European standards while addressing Ukraine’s unique challenges.

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Publication Details

Journal
Theory and Practice of Public Administration
Published
2024-12-31
DOI
https://doi.org/10.26565/1727-6667-2024-2-22
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
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article

Administrative and legal framework of public administration under martial law and emergency situations: challenges and reform prospects

Lyudmyla Byelova, Ganna Goncharenko
Theory and Practice of Public Administration
Legal and Policy Issues
article

Administrative and legal framework of public administration under martial law and emergency situations: challenges and reform prospects

Lyudmyla Byelova, Ganna Goncharenko
article en

Abstract

The main idea of this paper is to critically examine the legal regulation of public authorities’ powers during the implementation of martial law in Ukraine, analyze gaps and conflicts in current legislation, and propose ways to improve it to ensure balance between management effectiveness and human rights. Through comprehensive analysis of the regulatory framework and comparative study of international experience, key shortcomings in current legislation have been identified, including: excessive concentration of power at the central level, insufficient coordination between military and civil administrations, limited mechanisms of democratic control, and lack of transparency in public resource utilization. Special attention is paid to analyzing the distribution of powers between military-civil administrations and local self-government bodies, as well as addressing the rights of internally displaced persons and residents of de-occupied territories. The study examines the experience of EU and NATO countries in organizing public administration during crisis conditions, particularly practices from France, Germany, and the Baltic states. Based on this research, specific directions for improving legal regulation are proposed, aimed at ensuring balance between operational management decisions and maintaining democratic principles and mechanisms. Practical recommendations have been developed regarding the detailed allocation of powers across different levels of government, implementation of effective coordination and control mechanisms, enhanced transparency in public resource usage, and protection of citizens’ rights under martial law. The research makes significant contributions by developing an innovative framework for balancing security needs with democratic governance, proposing concrete legislative amendments, and creating a comprehensive roadmap for administrative reform under martial law that aligns with European standards while addressing Ukraine’s unique challenges.

Theory and Practice of Public AdministrationVol. 2(79)
Security Service of Ukraine (UA), V. N. Karazin Kharkiv National University (UA)
Openalex Percentile: Top 44%
Legal and Policy Issues
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