Правозастосування в умовах воєнного стану: виклики для національної правової системи

The article is devoted to the analysis of challenges for the legal system of Ukraine in the conditions of martial law caused by the full-scale aggression of the Russian Federation. The war created new realities that require immediate adaptive reformation of legal institutions, in the sphere of law enforcement, administrative and criminal law, the functioning of the judicial and law enforcement systems, as well as ensuring the rights of citizens. The purpose of the study is to identify the main problems and prospects for the development of the legal system in the conditions of armed conflict and to find ways to solve them. The article outlines the legal basis of martial law, which includes the Constitution of Ukraine, the Law of Ukraine «On the Legal Regime of Martial Law» and by-laws. The role of administrative law in ensuring public order and organizing the work of state authorities is considered. The specifics of the application of criminal law are analyzed in relation to the fight against war crimes, sabotage, looting and treason. Particular attention is paid to documenting war crimes for national and international justice. The author explores the challenges of law enforcement arising from the limitation of access to justice due to hostilities, the overloading of the judicial system, as well as the challenges for law enforcement agencies related to ensuring public safety, evacuating the population and protecting critical infrastructure. The importance of reforming legislation, particularly its adaptation to new challenges, such as cyber threats, and improving law enforcement mechanisms is pointed out. The article substantiates the need for digitalization of the legal system, which will contribute to providing remote access to justice and administrative services, especially in conditions of hostilities. An important aspect is the provision of social protection for internally displaced persons, war veterans and conflict victims, for which the development of an effective legal framework is proposed. The prospects of Ukraine’s European integration through the harmonization of legislation with European standards are considered separately. Completion of these tasks will contribute not only to ensuring stability during the war, but also to the creation of the foundations for the post-war reconstruction of the country. The article emphasizes the importance of a comprehensive approach to reforming the legal system as one of the key factors that will ensure the effective functioning of the state under extraordinary circumstances.