乌克兰在婚姻状态下组织和行使公共权力的法律原则

В. Melnychenko, Yuliia Rudnytska
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引用次数: 0

摘要

本文分析了戒严令下乌克兰公共权力组织和行使的法律框架。研究发现,广泛的被授权实体以各种形式行使公共权力。公共权力具有以下特点:以履行公共任务和公共职能为目的;它通过有关的公共机构发挥作用;这是合法的;它有一个专门用来行使这种权力的机构,它与人民分开;它在领土的基础上把受它管辖的国家联合起来;它涵盖有关领土内的所有人;它的功能是连续的;它旨在解决所有具有公共重要性的问题;它以法律形式发挥作用。结果表明,公共权力机构的组织和运作的法律基础应被理解为一套规定公共权力机构和地方自治机构的职能、权限、形式和运作方法及其结构分支的规章制度。作者指出,乌克兰公共权力的组织和行使原则的法律规制的精髓是公共权力从属于国家的最高目标-建立和确保人权和自由。发件人确定,戒严法是在乌克兰或其某些地方发生武装侵略或受到攻击威胁、乌克兰的国家独立和领土完整受到威胁时实行的一种特殊法律制度,并规定授予有关公共当局、军事指挥部、军事行政当局和地方自治机构避免威胁、击退武装侵略和确保国家安全所需的权力。消除对乌克兰国家独立、领土完整和国家安全的威胁。据称,在乌克兰实行戒严令导致了许多变化,包括与公共权力的组织和行使有关的变化。在公共当局执行公共行政职能方面,这意味着引入某些特点。人们注意到,在戒严法下提高组织和行使公共权力效率的主要选择之一是完全巩固各级的努力和相互理解,这在战时是极其重要的。
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Legal principles of the organization and exercise of public authority in Ukraine under the conditions of marital state
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.
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