Execution Time Limits for Administrative Offense Rulings under Martial Law: Conflict of Laws

The relevance of the study stems from the absence in the Code of Ukraine on Administrative Offenses of a provision on suspension or interruption of time limits for enforcing decisions during martial law. Meanwhile, the Law of Ukraine “On Enforcement Proceedings” contains such a provision, resulting in conflicting interpretations of time limits. The purpose of the article is to clarify the relationship between the Code of Ukraine on Administrative Offenses and the Law of Ukraine “On Enforcement Proceedings” concerning time limits for enforcing decisions in administrative offense cases under martial law, analyze the Supreme Court’s case law, and generalize its approach. The study applies formal-legal, systemic, comparative legal methods, and a method based on applying European Court of Human Rights case law to national normative material. Articles 300 and 303 of the Code, the Law provision, and case law from 2023–2025 were analyzed. The study establishes that the conflict has a normative origin. Interruption of time limits is not provided in the Code but is derived indirectly through a referral provision. This resulted in divergent interpretations by courts of different instances, subsequently eliminated through a Supreme Court position. Comparison with Portugal, where suspension of time limits for administrative proceedings is regulated by a provision, demonstrated that the conflict is not inevitable. The article proposes supplementing the Code with a provision on interruption of the time limit for submitting a decision for enforcement during martial law. Further research should address such amendment’s wording and extension to other procedural time limits.

Authors

Institutions

Publication Details

Journal
Problems of Legality
Published
2026-10-30
DOI
https://doi.org/10.21564/2414-990x.174.369144
Primary Topic
Administrative Law and Governance
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Execution Time Limits for Administrative Offense Rulings under Martial Law: Conflict of Laws

Olha Ya. Kovalchuk
1 links
Problems of Legality
Administrative Law and Governance
article

Execution Time Limits for Administrative Offense Rulings under Martial Law: Conflict of Laws

Olha Ya. Kovalchuk
article en

Abstract

The relevance of the study stems from the absence in the Code of Ukraine on Administrative Offenses of a provision on suspension or interruption of time limits for enforcing decisions during martial law. Meanwhile, the Law of Ukraine “On Enforcement Proceedings” contains such a provision, resulting in conflicting interpretations of time limits. The purpose of the article is to clarify the relationship between the Code of Ukraine on Administrative Offenses and the Law of Ukraine “On Enforcement Proceedings” concerning time limits for enforcing decisions in administrative offense cases under martial law, analyze the Supreme Court’s case law, and generalize its approach. The study applies formal-legal, systemic, comparative legal methods, and a method based on applying European Court of Human Rights case law to national normative material. Articles 300 and 303 of the Code, the Law provision, and case law from 2023–2025 were analyzed. The study establishes that the conflict has a normative origin. Interruption of time limits is not provided in the Code but is derived indirectly through a referral provision. This resulted in divergent interpretations by courts of different instances, subsequently eliminated through a Supreme Court position. Comparison with Portugal, where suspension of time limits for administrative proceedings is regulated by a provision, demonstrated that the conflict is not inevitable. The article proposes supplementing the Code with a provision on interruption of the time limit for submitting a decision for enforcement during martial law. Further research should address such amendment’s wording and extension to other procedural time limits.

Problems of Legality(174)
West Ukrainian National University (UA)
Peace, justice, and strong institutions
Openalex Percentile: Top 4%
Administrative Law and Governance
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Laika access coming soon