Peculiarities of the impact of the legal regime of martial law on the social sphere in Ukraine

Abstract

The article, based on the analysis of scientific views of scientists and the norms of current legislation, analyzes martial law as a special legal regime for the functioning of the state or its individual territories. The factors that determine the special influence of the legal regime of martial law on the sphere of social assistance in Ukraine are highlighted. It is noted that the legal regime is a special model of legal regulation of social and legal relations on the territory of the state as a whole, or within a specific sphere or a certain region, which is characterized by a special set of methods of influence and the subjective composition of their application.

It is argued that martial law, as a legal regime, involves a change in the paradigm of public administration and power. Such a state is introduced by special regulatory acts and in a special order in order to repel armed aggression or other dangerous factors that pose a threat to the very fact of the existence of the Ukrainian state. The basis of this legal regime is the concept of limiting the interests and rights of the private sector and expanding the power of the state - granting broader and "stricter" powers to law enforcement and military bodies.

It is noted that the mobilization of state and government resources, the special work of the national economy, the presence of non-standard risks and restrictions on constitutional rights and freedoms under the legal regime of martial law limit the functioning of the social sphere and provide for the creation of additional legal and organizational and managerial mechanisms for regulating the latter. In fact, martial law complicates the processes of providing social assistance and the implementation of other components of social protection in the state as a whole.

It has been established that martial law is a special legal regime for the functioning of the state or its individual territories, which provides for a special procedure for the work of the public and private sectors of the state. Its introduction has a significant impact on the entire domestic social sphere, which is expressed in the following: 1) the complication of social protection of the country's population in connection with the specific procedure for the work of the national economy and the state apparatus, as well as certain restrictions on the rights, freedoms and legitimate interests of citizens; 2) the redistribution of social protection resources and changes in the procedure for providing social assistance; 3) the emergence and implementation of new programs of social support for those segments of the population who have directly suffered from the negative factors that led to the introduction of the legal regime; 4) the special organization of labor relations in conditions of martial law; 5) increasing the role and volume of use of humanitarian aid.