Activities of military administrations under martial law in Ukraine

Abstract

The relevance of the subject under study is conditioned upon the fact that in Ukraine, during the period of the legal regime of martial law, special bodies of public power with the powers of a military management organization can be created. Such bodies are military administrations and civil-military administrations, whose separation of powers is a complex process that requires more research. The purpose of this study was the legal characterization of the activities of special bodies in the conditions of military threats in Ukraine and the formation of proposals for improving the legislation in the area under study. The methods employed for this study include comparative, system-structural, comparative legal, formal legal, and systematization. The results established that in the conditions of a full-scale invasion, supporting the proper level of activity of public administration bodies is a necessary component in the fight against the enemy that encroaches on the territorial integrity of the state. It was found that ordinary citizens often identify the activities of military administrations and military civil administrations, which have different powers. This paper argues the need to outline basic provisions in the Constitution of Ukraine regarding the organization of the activities of military administrations to harmonize the provisions of the Law of Ukraine “On the Legal Regime of Martial Law” with the provisions of the Constitution of Ukraine. The relevant practices of Israel and the United States of America were analysed. It was proposed, following the example of Israel, to introduce separate zones in Ukraine, considering the level of potential or existing military threat, and, depending on this, to give military administrations proper autonomy and powers. The materials of this study can be useful in studying the disciplines “Military law”, “Municipal law”, “Administrative law” since this study distinguishes the powers of military civil administrations and military administrations and provides examples of positive foreign practices in organizing the activities of public authorities in the context of military threats.