Стан війни: питання правових наслідків в контексті збройної агресії російської федерації

The article addresses the procedure of declaring war, the prerequisites for establishing rules on notifying about the commencement of hostilities, as well as the potential legal consequences of declaring war. An analysis of the informational space indicates that the issue of distinguishing between the terms «martial law» and «state of war» generates significant interest among the Ukrainian public. For ordinary citizens, these terms have often been perceived as synonymous, while the aggressor state, engaged in a hybrid war against Ukraine, exploits the substitution of these concepts, manipulating the fact that Ukraine has not yet declared a state of war. On February 24, 2022, the russian federation invaded the territory of Ukraine without declaring war. Similarly, in 2014, during the invasion of Crimea, russia denied its involvement, claiming instead that the armed conflict was an internal matter. Statements by representatives of the aggressor state were limited to this narrative. The issue of legal consequences is important, as they serve as a mechanism for the implementation of any rule. In the context of this article, it has been determined that legal consequences are not strictly defined and may arise based on the will of the state or due to the necessity of taking appropriate measures against the aggressor state. In the context of the armed aggression of the Russian Federation against Ukraine, it is emphasized that Ukraine continues to take measures to fully sever relations with the russian federation, considering international treaties and agreements ratified by the Verkhovna Rada of Ukraine. Specifically, this includes the termination of diplomatic and consular relations with the russian federation, as well as the suspension, withdrawal, and denunciation of international agreements concluded by the Government of Ukraine with the governments of the russian federation, the Republic of Belarus, and within the framework of the Commonwealth of Independent States. The distinction between the terms «declaration of war» and «state of war» is also examined, as it is relevant to the corresponding legal consequences. The article includes a brief analysis of Ukraine’s regulatory and legal acts in which the term «state of war» is used.