Доктринальний та порівняльно-правовий підхід до реалізації воєнного стану

The article examines the doctrinal and comparative legal approach to the implementation of martial law. The object of the study is the legally regulated social relations that arise in connection with the development and implementation of the legal regime of martial law. The subject of the study is the theoretical, legal and organizational problems of ensuring the legal regime of martial law. The methodological basis of the study is dialectical methodology. The systematic approach allowed to develop a mechanism for the functioning and development of martial law as a legal and scientific institution. In the process of the study, methods of analysis, synthesis, modeling, forecasting, comparative legal, formal-logical, concrete-historical, statistical, sociological and other general scientific and special methods were used. It is indicated that the intra-branch differentiation of administrative legal norms and institutions and the allocation of an autonomous formation within them - the administrative legal regime of martial law – indicate the recognition of the fact that martial law as an institution of administrative legislation and the object of research of the science of administrative law has significant specifics. In the structure of the administrative legal regime, the following elements are distinguished: organizational; normative; causal; procedural; provisioning; substantive; competence; status. The statics of martial law are considered as the initial stage of administrative legal regulation of this institute of administrative law. Through theoretical analysis of the administrative legal regime of martial law and the law enforcement practice of use, the purpose of its application is determined and substantiated - compliance with the legitimate rights and freedoms of objects of regime influence, the legal status of which in these conditions is subject to change. In certain cases, the application of martial law is the only possible legal measure that, while maintaining a balance between the inevitability of minimal restriction of the legal status of objects of regime influence, will allow to provide order to those groups of social relations that most need regime regulation.