Тимчасові державні органи управління: проблеми діяльності та шляхи їх розв’язання

In accordance with domestic legislation, during military operations to repel the armed aggression of the Russian Federation, temporary military-civilian and military administrations (MCA and MA) were formed. The legislation provides for the establishment of additional state administrative bodies to ensure the implementation of the Constitution and laws of Ukraine, to ensure, together with the military command, the implementation of measures of the legal regime of martial law, defense, civil protection, public safety and order, and the protection of the rights, freedoms, and legitimate interests of citizens. However, the legal regulation of the formation and activities of these state bodies varies. Moreover, the practice of these bodies shows that they do not always succeed in positively fulfilling their functions and tasks, and there is insufficient organization of interaction and coordination both within administrations and between administrations and military command during the implementation of specific tasks (measures). This publication is aimed at addressing these problems in the activities of these temporary state bodies, in particular military-civilian and military administrations. The Law of Ukraine “On Military-Civilian Administrations” has certain features that narrow the legal field and limit its application. The established procedure for the formation of MACs, their powers, and the procedure for their activities have contradictions that negatively affect their work. In conditions where the Law of Ukraine “On Military-Civilian Administrations” is to be applied, it is advisable to apply the provisions of the Law of Ukraine “On the Legal Regime of a State of Emergency.” As their activities have shown, the MCAs and MAs of border regions have weak interaction both with the military command operating in these regions and with each other. The practice of the MCA and MA shows the need to improve legislation on the formation, organization, powers, and procedures of these administrations, taking into account the problems identified in their activities.