戒严法对乌克兰内阁部长和军事行政当局活动的影响

Valeriia Korelova, Ya. Ryabchenko, Anna Solodka
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引用次数: 0

摘要

本专题之所以与此相关,是因为在实行戒严法的法律制度期间,公共当局,特别是行政当局的活动具有某些特点/ 2022年2月24日,乌克兰总统根据乌克兰国家安全和国防委员会的建议,根据第20条,乌克兰宪法第106条第1部分和乌克兰法律“关于合法戒严法”介绍了与俄罗斯联邦入侵乌克兰有关的戒严法制度,其中规定改变行政当局,特别是乌克兰部长内阁的工作,并导致组建军事行政当局。本文的目的是研究戒严制度的法律性质及其实施程序,揭示行政当局,特别是乌克兰内阁部长和军事行政当局在实施戒严制度期间活动的主要特点,以及研究它们之间的相互作用。通过运用科学知识方法,特别是辩证方法(全面了解戒严法法律制度的性质及其行为,确定军事行政当局的组建顺序和职能,分析乌克兰内阁部长活动的特点),正式法律方法(建立法律规范的内容),可以实现概述的目的,形式逻辑方法(找出国家法律规定的不足之处)、比较法律方法(研究其他国家的经验并确定引入戒严法律制度的程序)、交流方法(确定乌克兰内阁对军事行政的影响并分析其相互作用的方向)。对乌克兰现行立法和其他国家关于实施戒严制度的程序和法律规制的立法行为的审查进行了分析。对军事行政当局出现的性质进行了分析,认为军事行政当局是在戒严时期临时行使行政权力的机构。委员会指出,在其控制下的定居点,他们被赋予确保法律和秩序并支持该国国防能力的权力。研究了戒严令期间乌克兰内阁部长活动的特点。军事行政当局和部长内阁之间为确保国家生活所有领域的运作而相互作用的方向已得到澄清。根据关于避免今后在执法方法上出现任何分歧的研究结果,提出了单独的建议,以加强乌克兰部长内阁军事行政当局的问责制。
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The Influence of Martial Law on the Activities of the Cabinet of Ministers of Ukraine and Military Administrations
The relevance of this topic is determined to the fact that during the introduction of the legal regime of martial law, the activities of public authorities, in particular the executive, have certain peculiarities/ On February 24, 2022, the President of Ukraine, based on the proposal of the National Security and Defense Council of Ukraine, in accordance with clause 20, part 1 of Article 106 of the Constitution of Ukraine and the Law of Ukraine "On Legal Martial Law" introduced the martial law regime in connection with the invasion of the Russian Federation in Ukraine, which stipulate for changes in the work of executive authorities, in particular the Cabinet of Ministers of Ukraine, and cause to the formation of military administrations. The purpose of the article is to study of the legal nature of the martial law regime and the procedure for its introduction, to reveal the main peculiarities of the activities of the executive authorities, in particular the Cabinet of Ministers of Ukraine and military administrations, during the introduction of the martial law regime, as well as the study of their interaction with each other. Achieving the outlined purpose became possible for the application of the used complex of methods of scientific knowledge, in particular, the dialectical method (for comprehensive knowledge of the nature of the legal regime of martial law and its conduct, determination of the order of formation and functions of military administrations, analysis of the peculiarities of the activity of the Cabinet of Ministers of Ukraine), the formal-legal method (for establishing the content of legal norms), the formal-logical method (to identify deficiencies in national legal regulation), the comparative-legal method (to study the experience of other countries and determine the procedures for introducing the legal regime of martial law), communicative method (to determine the influence of the Cabinet of Ministers of Ukraine on military administrations and to analyze the directions of their interaction). The review of the current legislation of Ukraine and the legislative acts of other countries regarding the procedure for conducting and legal regulation of the martial law regime are analyzed. The nature of the emergence of military administrations has been analyzed, and it has been found that they are temporary bodies of executive power for the period of martial law. It is noted that is placed on their powers to ensure law and order and support the country's defense capability in the settlements under their control. The peculiarities of the activity of the Cabinet of Ministers of Ukraine during the period of martial law were studied. The directions of interaction between the military administrations and the Cabinet of Ministers to ensure the functioning of all areas of the country's life have been clarified. According to the results of the study on avoiding any divergence in law enforcement approaches in the future, separate proposals were made to strengthen the accountability of the military administrations of the Cabinet of Ministers of Ukraine.
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