Legal principles of the organization and exercise of public authority in Ukraine under the conditions of marital state

Abstract

The article analyzes the legal framework for the organization and exercise of public authority in Ukraine under martial law. It is found that public authority is exercised in various forms by a wide range of authorized entities. Among the characteristic features of public power are the following: it is aimed at fulfilling public tasks and functions; it functions through the relevant public institutions; it is legitimate; it has an apparatus designed to exercise this power, which is separated from the population; it unites those subject to it on a territorial basis; it covers all persons in the relevant territory; it is continuous in functioning; it is aimed at resolving all matters of public importance; it functions in legal forms. It is revealed that the legal basis for the organization and operation of public authorities should be understood as a system of regulations which define the functions, competence, forms and methods of operation of public authorities and local self-government bodies, as well as their structural subdivisions. The authorspoint out that the quintessence of legal regulation of the principles of organization and exercise of public power in Ukraine is its subordination to the highest goal of the state – the establishment and ensuring of human rights and freedoms. The authors establish that martial law is a special legal regime introduced in Ukraine or in certain of its localities in the event of armed aggression or a threat of attack, a threat to the state independence of Ukraine, its territorial integrity, and provides for the granting of the relevant public authorities, military command, military administrations and local self-government bodies with the powers necessary to avert the threat, repel armed aggression and ensure national security, eliminate the threat to the state independence of Ukraine, its territorial integrity and the It is stated that the introduction of martial law in Ukraine has led to many changes, including those related to the organization and exercise of public power. In the area of implementation of public administration functions by public authorities, this means the introduction of certain peculiarities. It is noted that one of the main options for the efficiency of organization and exercise of public authority under martial law is a complete consolidation of efforts and mutual understanding at all levels, which is critically important in wartime.