Правові аспекти діяльності Національної поліції в умовах правового режиму воєнного стану

The article presents a comprehensive study of selected problematic aspects of the legal framework regulating the activities of the National Police of Ukraine under the legal regime of martial law. The authors analyze the specifics of police functioning as a key institution within the national security and defense sector during the period of armed aggression against Ukraine, which is accompanied by systemic threats to public order, safety, and the rule of law. Emphasis is placed on the fact that the introduction of martial law leads to a significant transformation of state governance mechanisms, thereby necessitating a reassessment of the legal status and powers of the National Police in this context. The study provides a detailed analysis of the regulatory framework governing police activity under martial law, including the provisions of the Law of Ukraine “On the Legal Regime of Martial Law,” the Law of Ukraine “On the National Police,” as well as relevant by-laws, resolutions of the Cabinet of Ministers of Ukraine, regulatory acts of the Ministry of Internal Affairs, and orders and instructions issued during the period of martial law. The authors argue that the legal support for police operations must be systematic, coherent, and adaptive, capable of promptly responding to changes in the security environment. Particular attention is devoted to the analysis of police powers under wartime conditions. These include control over compliance with curfews, enforcement of restrictive measures (including restrictions on freedom of movement and bans on public gatherings), detection and neutralization of sabotage and reconnaissance groups, combating looting, and participation in counter-sabotage operations jointly with other security forces. It is noted that the police perform not only law enforcement functions but also operate as a component of the country’s defense potential, which significantly expands their functional responsibilities. A separate focus of the research is the issue of coordination between the National Police and other entities in the security and defense sector, such as the Armed Forces of Ukraine, the Security Service of Ukraine, the State Border Guard Service, and the National Guard. The study highlights the importance of operational coordination, information exchange, the formation of joint operational headquarters, and clear delineation of competencies to avoid duplication of functions and jurisdictional conflicts. The article also outlines key legal, organizational, and practical challenges faced by the police in the performance of their duties under martial law. These include personnel support, psychological resilience of officers, logistical capacity, and legal protection of police staff. The authors emphasize the need to develop a comprehensive regulatory framework that considers both current threats and potential conflict escalation scenarios, while ensuring a balance between security imperatives and the protection of fundamental human rights and freedoms. In conclusion, the article stresses that effective legal regulation of the National Police’s activities during martial law is a crucial condition for stable governance, public safety, and maintaining citizens’ trust in state institutions. The authors propose several directions for improving current legislation aimed at strengthening the functional capacity of the police both in the short and long term.

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Publication Details

Journal
Scientific periodicals of Ukraine
Published
2025-07-12
Primary Topic
Magneto-Optical Properties and Applications
Type
article
Field-Weighted Citation Impact
0.00
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article

Правові аспекти діяльності Національної поліції в умовах правового режиму воєнного стану

Scientific periodicals of Ukraine
Magneto-Optical Properties and Applications
article

Правові аспекти діяльності Національної поліції в умовах правового режиму воєнного стану

article en

Abstract

The article presents a comprehensive study of selected problematic aspects of the legal framework regulating the activities of the National Police of Ukraine under the legal regime of martial law. The authors analyze the specifics of police functioning as a key institution within the national security and defense sector during the period of armed aggression against Ukraine, which is accompanied by systemic threats to public order, safety, and the rule of law. Emphasis is placed on the fact that the introduction of martial law leads to a significant transformation of state governance mechanisms, thereby necessitating a reassessment of the legal status and powers of the National Police in this context. The study provides a detailed analysis of the regulatory framework governing police activity under martial law, including the provisions of the Law of Ukraine “On the Legal Regime of Martial Law,” the Law of Ukraine “On the National Police,” as well as relevant by-laws, resolutions of the Cabinet of Ministers of Ukraine, regulatory acts of the Ministry of Internal Affairs, and orders and instructions issued during the period of martial law. The authors argue that the legal support for police operations must be systematic, coherent, and adaptive, capable of promptly responding to changes in the security environment. Particular attention is devoted to the analysis of police powers under wartime conditions. These include control over compliance with curfews, enforcement of restrictive measures (including restrictions on freedom of movement and bans on public gatherings), detection and neutralization of sabotage and reconnaissance groups, combating looting, and participation in counter-sabotage operations jointly with other security forces. It is noted that the police perform not only law enforcement functions but also operate as a component of the country’s defense potential, which significantly expands their functional responsibilities. A separate focus of the research is the issue of coordination between the National Police and other entities in the security and defense sector, such as the Armed Forces of Ukraine, the Security Service of Ukraine, the State Border Guard Service, and the National Guard. The study highlights the importance of operational coordination, information exchange, the formation of joint operational headquarters, and clear delineation of competencies to avoid duplication of functions and jurisdictional conflicts. The article also outlines key legal, organizational, and practical challenges faced by the police in the performance of their duties under martial law. These include personnel support, psychological resilience of officers, logistical capacity, and legal protection of police staff. The authors emphasize the need to develop a comprehensive regulatory framework that considers both current threats and potential conflict escalation scenarios, while ensuring a balance between security imperatives and the protection of fundamental human rights and freedoms. In conclusion, the article stresses that effective legal regulation of the National Police’s activities during martial law is a crucial condition for stable governance, public safety, and maintaining citizens’ trust in state institutions. The authors propose several directions for improving current legislation aimed at strengthening the functional capacity of the police both in the short and long term.

Scientific periodicals of Ukraine
Max Planck Society (DE), Weatherford College (US)
Peace, Justice and strong institutions
Openalex Percentile: Top 52%
Magneto-Optical Properties and Applications
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