The legal regime of martial law and its impact on local self-government

Abstract

The article thoroughly examines the impact of the legal regime of martial law on the functioning of local self-government bodies in Ukraine. Special attention is given to the analysis of the regulatory framework governing the activities of local self-government bodies under martial law, particularly the Constitution of Ukraine, the Law of Ukraine "On the Legal Regime of Martial Law," the Law of Ukraine "On National Defense of Ukraine," and other legislative acts. The legal mechanisms and organizational features that define the activities of local authorities in emergency situations are considered, especially when significant changes can be made to their powers to ensure the defense capability of the state. The authors also study the specifics of the functioning of military administrations, which, under martial law, perform the functions of local self-government bodies in certain territories, particularly in areas of active combat or temporarily occupied territories. Special attention is paid to how these temporary state bodies exercise their powers and ensure order, coordinate with other authorities, and interact with the military command and law enforcement agencies. Military administrations often replace local self-government bodies, complicating the decision-making process at the local level. The article also explores the peculiarities of the legal regulation of the activities of local self-government bodies in front-line and conflict-affected territories, particularly the special procedures for exercising their powers in such conditions. An important aspect is the identification of the procedures for interaction between local self-government bodies and military structures, the formation and execution of local budgets, as well as the management of communal property in conditions of limited resources and destroyed infrastructure.

The authors emphasize the changing priorities of local self-government bodies under martial law. Issues of security, the restoration of basic needs for the population, including ensuring food security, medical services, housing, and the reconstruction of damaged infrastructure, take precedence.