THE LEGAL REGIME OF THE MARTIAL LAW IN UKRAINE
The introduction of martial law in Ukraine is an extraordinary legal regime introduced to protect the sovereignty, territorial integrity and security of the state in the event of armed aggression or a threat to national security. The article analyzes the regulatory and legal framework of this regime, which includes the Constitution of Ukraine, the Law of Ukraine “On the Legal Regime of Martial Law”, international acts and other regulatory acts that regulate its implementation and operation. Considerable attention is paid to the procedure for introducing martial law, which involves the adoption of a relevant decree by the President of Ukraine and its approval by the Verkhovna Rada. The role of state authorities and local self-government in the implementation of martial law measures, including the coordination of the actions of law enforcement agencies, the introduction of special management regimes and ensuring the vital activity of the state, is also considered. One of the key aspects of the study is the legal consequences of the introduction of martial law. The article analyzes changes in the legal status of citizens, possible restrictions on constitutional rights and freedoms, such as the right to peaceful assembly, freedom of speech, freedom of movement, etc. The issues of mobilization, labor service, and the use of state resources for defense are separately considered. It is important to consider mechanisms for controlling and preventing abuse of power during martial law, as well as the compliance of such restrictions with international human rights standards. The article emphasizes the need to adhere to the principles of proportionality and legality in the introduction of security measures in order to prevent violations of the fundamental rights of citizens. As a result, the authors assess the consequences of martial law for society, the economy, and the legal system of Ukraine, focusing on the challenges facing the state and citizens. The conclusion is drawn about the need for effective crisis management, the preservation of democratic institutions, and adherence to the principle of the rule of law even in extraordinary circumstances.
Authors
- Serhiі Ivashchenko (ORCID: https://orcid.org/0000-0001-6846-7422)
- A.I. Kurtov (ORCID: https://orcid.org/0009-0008-4972-5455)
- S.V. Hashenko (ORCID: https://orcid.org/0009-0007-7942-5413)
Publication Details
- Journal
- Ukrainian polyceistics theory legislation practice
- Published
- 2025-01-01
- DOI
- https://doi.org/10.32782/2709-9261-2025-1-13-21
- Primary Topic
- Torture, Ethics, and Law
- Type
- article
- Field-Weighted Citation Impact
- 0.00