FEATURES OF THE ADMINISTRATIVE AND LEGAL STATUS OF MILITARY ADMINISTRATIONS

Authors

  • IGOR SHAPOVALOV Postgraduate student of the Department of Police Administrative Activities of the Odesa State University of Internal Affairs , аспірант кафедри адміністративної діяльності поліції Одеського державного університету внутрішніх справ https://orcid.org/0009-0004-4671-7290 (unauthenticated)

DOI:

https://doi.org/10.37772/2518-1718-2025-1(49)-16

Keywords:

Military administrations, martial law, state secret, administrative body, administrative act, e-governance, mobilization, scientific nature, public administration, subordinate regulatory legal act, means

Abstract

Problem setting. Under martial law, the scientific analysis of public administration in the legal regulation of military administrations has gained exceptional relevance due to the full-scale and prolonged Russian terrorist invasion of Ukraine. Under the constant threat to national security, military administrations play a key role in ensuring stability, law and order, and the protection of citizens’ rights. In this regard, the detailed development and clarification of the legal foundations of these bodies’ activities become particularly significant, especially concerning the means, forms, and methods of administrative activity carried out in the process of law enforcement. Purpose of research. This study aims to identify and formulate the peculiarities of the administrative status and management of military administrations in Ukraine under martial law, as well as to reveal the scientific nature of public administration tools in the legal regulation of military administrations based on current legislation, administrative law theory, and doctrinal opinions of legal scholars on this issue. Analysis of recent researches and publications. This topic remains in the constant focus of scholars, who continuously address it in their research and publications. Legal scholars such as V. Dugler, Yu. Burakov, S. Kuznichenko, V. Shvets, L. Kovalenko, O. Zozulia, S. Melnyk, V. Safir, A. Serdyuk, S. Stetsenko, O. Bukhanevych, and others have paid attention to issues of administrative management and the peculiarities of administrative status in their studies. Although legal scholars have touched upon the topic of military administrations, the peculiarities of the administrativelegal status of military administrations have not been the direct subject of analysis. Article’s main body. The article reveals the scientific nature of the features of public administration in the legal regulation of military administrations. The facts confirming that military administrations use a number of specific public administration tools ensuring effective public governance under martial law have been substantiated. The primary among these tools is the issuance of subordinate regulatory legal acts that establish mandatory secondary norms before the moment of law enforcement. Administrative acts are widely used to impose curfews, define restrictions necessary to maintain public order and ensure security. Special administrative acts include measures to mobilize resources, conscription for military service, and regulation of production processes crucial for national defense. Organizational tools cover decisions made by military administrations to ensure the proper functioning of the security and defense sector. It has been proven that, as in other areas of social life, military-administrative e-governance capabilities are widely used, taking into account the specifics of martial law and compliance with state secrecy requirements. Conclusions and prospects for development. Under martial law, the idea of concentrating the functions of representative and executive bodies of power, as well as law enforcement agencies, within a single state authority (the military administration) appears to be a positive approach. Thus, the administrative and legal status of military administrations represents a normatively regulated procedure for the formation and operation of these state bodies, defining the main directions of their activities and interactions with other state authorities, law enforcement agencies, and military formations in ensuring public order and security. It also comprises a set of clearly defined rights and obligations of military administrations, whose primary task is to ensure security and normalize the population’s livelihood under martial law.

References

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Published

2025-06-19