GUARANTEES OF ADMINISTRATIVE AND LEGAL SUPPORT OF SPECIAL LEGAL REGIMES IN UKRAINE

Abstract

In the context of the full-scale armed aggression
of the russian federation, the introduction of martial
law and the need to counter hybrid threats (terrorism,
sabotage, cyber attacks, information wars), this topic
is of paramount importance.
Special legal regimes, such as martial law,
inevitably involve restrictions on the constitutional
rights and freedoms of citizens and the expansion of
powers of state authorities and military command.
That is why it is extremely important to develop and
effectively operate a system of administrative and
legal guarantees that is to ensure compliance with the
rule of law and legality, prevent abuse of power and
abuse of authority by officials, including effective
protection of human rights and freedoms under
restrictions and restoration of public confidence in
state institutions.
The study of this topic is critically important for
the formation of the rule of law in Ukraine, its
European integration course and compliance with
European standards in the field of human rights and
public administration. Studying and improving the
mechanisms of administrative and legal guarantees
will not only allow us to respond effectively to current
challenges but also lay a solid foundation for post-war reconstruction and sustainable development of the
country. This is not just a list of guarantees, but a
comprehensive set of interrelated instruments aimed
at preserving constitutional order, human rights and
democratic principles in emergency circumstances.
The guarantees of administrative and legal
support are not isolated norms, but constitute an
interconnected system covering different levels:
constitutional guarantees directly enshrined in
the Сonstitution of Ukraine (for example, Article 64 of
the Constitution of Ukraine, which defines an
exhaustive list of rights that cannot be restricted);
legislative guarantees detailed in the laws of
Ukraine (On the Legal Regime of Martial Law, On the
Legal Regime of the State of Emergency, etc.) These
laws establish the procedures for introducing,
maintaining and cancelling martial law, the limits of
restrictions, the powers of the authorities and liability;
subordinate legislation guarantees, which are
set out in bylaws that update legislative norms and
develop mechanisms for their implementation
(resolutions of the Cabinet of Ministers of Ukraine,
presidential decrees, departmental orders);
procedural guarantees, which guarantee clarity
and transparency of decision-making, appeal, and
public information procedures. They are aimed at
preventing arbitrariness on the part of the state and
ensuring that citizens have the opportunity to properly
protect their rights and freedoms;
judicial guarantees, which guarantee the right of
citizens to judicial protection, effective judicial control
over decisions and actions of state authorities
operating under special legal regimes;
parliamentary guarantees, which provide for
control of the Verkhovna Rada of Ukraine over the
activities of executive authorities and military
command, in particular through special commissions,
parliamentary inquiries, approval of presidential
decrees;
international legal guarantees, which allow
citizens to apply to international judicial and quasijudicial
bodies (e.g., the European Court of Human
Rights) in case of exhaustion of national remedies;
public guarantees, which envisage a special role
for civil society, human rights organisations and the
media in monitoring human rights and informing the
public about possible violations.
In the context of a full-scale war, Ukraine is
facing unprecedented challenges that require
continuous improvement of the system of guarantees,
which include the following:
finding an optimal balance between the security
of the state and the freedom of citizens. At the same
time, restrictions imposed under special legal regimes
should be justified and not lead to authoritarian
tendencies;
adaptation of the state to hybrid threats, which
involves developing guarantees that will work
effectively in the context of information wars,
cyberattacks, and hybrid operations, where
traditional approaches may be insufficient;
post-war settlement, which implies the need to
review and possibly modify some temporary norms
introduced during martial law to ensure a rapid return
to normal functioning of society;
European integration, which implies further
bringing national legislation and practice of applying
special legal regimes in line with the standards of the
European Union and the Council of Europe, in
particular the case law of the European Court of
Human Rights.
A deep understanding of these aspects will allow not only to respond effectively to current challenges, but also to build a strong system of administrative and legal guarantees that will ensure stability, legality and protection of human rights in Ukraine in any crisis.

Keywords: special legal regimes, martial law, state of emergency, environmental emergency zone, legal regime, administrative and legal support, guarantees, legal guarantees, restrictions on rights and freedoms, national security, hybrid threats, rule of law, judicial control, parliamentary control, liability of officials, proportionality of restrictions, European integration, post-war settlement.