Правові аспекти взаємодії понять «воєнний стан» та «особливий період» за законодавством України

This article examines the definitions of the terms “special period” and “martial law” within Ukrainian legislation, as well as their interrelation. Understanding the correlation between these terms allows for a better comprehension of the legal nature and purpose of the special period. The full-scale invasion of the Russian Federation into Ukraine and the simultaneous introduction of martial law have provided an opportunity to reconsider the legal implications of the special period. The special period has been in effect in Ukraine since the publication of the Presidential Decree №303/2014 «On Partial Mobilization» dated March 17, 2014, and remains in force. However, judicial practice has not always been consistent in interpreting the duration and implications of the special period, as seen in the Kyiv Administrative Court of Appeal’s ruling in Case № 826/18425/15 on February 4, 2016. The Supreme Court later clarified the legal interpretation of the special period in its ruling on April 25, 2018, in Case № 205/1993/17-ts. The interrelation between the legal regime of martial law and the special period is evident, as the special period encompasses martial law but can also exist independently (in cases where mobilization is declared without the imposition of martial law). Mobilization, in turn, is defined as a set of measures aimed at systematically transitioning the national economy and specific sectors into a mode of operation characteristic of the special period. Compared to the special period, martial law is a more radical legal regime, as it allows for temporary restrictions on constitutional rights and freedoms and imposes harsher criminal liability for offenses committed during its enforcement. The article also explores the legal regulation of certain public relations under the special period and provides a brief analysis of Ukrainian legislative acts that reference this concept.