Feautures of the functioning of local government bodies during the period of marital law in Ukraine

Abstract

Abstract. The article comprehensively theorizes and analyzes the unique aspects of legal regulations governing the operations of local self-government bodies during Ukraine's period of martial law. It presents specific proposals aimed at enhancing the legislation that oversees this sphere of power and legal relations. The article emphasizes the critical role of local self-government bodies during times of conflict, highlighting their continued significance as a crucial mechanism in upholding the efficient functioning of public authority and the state's defense capabilities. This was vividly demonstrated through the actions of local self-government bodies in response to the Russian Federation's large-scale invasion of Ukraine. They were tasked with establishing voluntary territorial community formations as per the Law of Ukraine "On the Foundations of National Resistance." This involved creating checkpoints, protective structures, and facilitating conditions for the effective functioning of volunteer units. In regions without direct hostilities, these bodies actively engaged in volunteer work and providing support to the Armed Forces of Ukraine. Numerous instances exist where these bodies either spearheaded or significantly contributed to volunteer initiatives at the community level. According to the author, the experience gained by Ukraine during the war demonstrates the undeniable advantage of self-organization of the population over centralized management. The central government will not be able to take over the functions of local self-government bodies and perform them as effectively. Even before the war, the level of trust in local authorities among citizens was one of the highest compared to other institutions. With increasing interaction between people and their local government, this trust has only strengthened. Hence, the proposal to dissolve or arbitrarily limit the powers of local self-government bodies during wartime is considered unconstitutional and a threat to the country's national security. Termination or limitation of their powers is possible only in extraordinary cases, when there is a direct threat to the life and safety of citizens who are in the territory of hostilities or occupation. In all other cases, such actions should only be possible following a well-justified court decision. It's crucial to recognize that local self-government holds the same constitutional significance as the state's structure. The Constitution of Ukraine explicitly outlines the status of local self-government bodies, in particular their functions and powers, which they perform in peaceful conditions. Therefore, making amendments to the Constitution regarding the functioning of local self-government seems unfeasible. The functioning of local self-government during the war requires additional legislative regulation. Consequently, the Law of Ukraine "On Adopting Amendments to Certain Laws of Ukraine Regarding the Functioning of the Civil Service and Local Self-Government during the Period of Martial Law" was enacted, incorporating significant amendments into the Laws "On Local Self-Government in Ukraine" and "On the Legal Regime of Martial Law". The latest legislative act is of particular importance for the constitutional legal order, essentially acting as an addition to the Constitution of Ukraine, the effect of which is actualized in the period of wars.