SPECIFICS OF THE ADMINISTRATIVE AND LEGAL STATUS OF MILITARY COMMAND AND MILITARY ADMINISTRATIONS UNDER THE LEGAL REGIME OF MARTIAL LAW

Abstract

The issues of the administrative and legal status of military command and military administration in wartime play a special role and are relevant today, since the protection and recovery of Ukraine's national interests depend on the effectiveness and regulation of this issue at the legislative level, as well as on the exercise of their competence in the current conditions. In this regard, there is a need to study the issue raised and to determine their impact on the regulation of public relations in this area. The long duration of the legal regime of martial law in Ukraine, as well as the experience of intense hostilities in Ukraine, leads to the conclusion that the issue of the administrative and legal status of the temporary authorities and military command has become one of the most pressing problems of our time. The article analyses various approaches to understanding the legal status, and concludes that administrative and legal status is derived from the legal status, and notes that under the legal regime of martial law, temporary authorities are established to perform the functions of the State with regard to defence, public safety and law and order, and also to implement and enforce the measures of the legal regime of martial law, and part of the powers of state authorities and local self-government bodies is transferred to the military command. The relevance of the study of this issue is also due to the practical implications of the fact that today, in the context of martial law and protracted armed conflict, it is possible to explore in more depth the issues related to the peculiarities of the administrative and legal status of the temporarily established authorities and the expediency of delegating certain powers to the military command to implement the measures of the martial law regime, as well as the problems of their practical implementation. According to the results of this study, based on the understanding of the concept of ‘legal status’, as well as scientific approaches to the concept of ‘administrative and legal status’, and analysis of current legislation, the author proposes to define the concepts of ‘military command’ and ‘military administration’, to provide their general characteristics and to identify their specific features. In further scientific research, it is proposed to focus special attention on the study of the administrative and legal status of military command and their place and role in the implementation and introduction of certain types of measures to ensure the legal regime of martial law, which will help to deeply investigate the issues raised and, if necessary, to regulate these issues at the legislative level.