Аdministrative以及对乌克兰戒严法律制度的法律支持

V. Pashynskyi, D. Stupak
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引用次数: 0

摘要

审议了对戒严法律制度的行政和法律支助问题。对社会关系各个领域的“法律规定”和“行政法律规定”等法律范畴进行了科学的研究。考虑了“戒严法律制度的行政和法律支持”的概念。确立了戒严法律制度行政支持和法律支持的主要特征,即:特定法律制度的支持是由立法规定其权力的特殊实体来实施的;受行政法规范的约束;使用特殊工具(机制、措施)实施;公共行政主体的活动包括法律的制定、从属的规范性法律行为及其实施。在研究结果的基础上,笔者对戒严法律制度的行政支持和法律支持的概念进行了界定,提出戒严法律制度的行政支持是公共权力授权主体对社会关系进行法律调节的活动,是在行政法规范的规范下,以保障人权和自由为目的对戒严法律制度措施实施的法律支持。在乌克兰遭受武装侵略或攻击威胁、国家独立和领土完整受到威胁时保卫国家。已经确定,戒严法律制度的行政规定和法律规定的实质是为实现戒严法律制度的引入目标提供条件,以及在戒严条件下对社会关系进行调节、实施、保护和保护。
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Аdministrative and legal support of the legal regime of martial law in Ukraine
The issue of administrative and legal support of the legal regime of martial law was considered. Scientific views on such legal categories as "legal provision" and "administrative-legal provision" in various spheres of social relations have been studied. The concept of "administrative and legal support of the legal regime of martial law" is considered. The key features of the administrative and legal support of the legal regime of martial law are established, namely: the support of the specified legal regime is carried out by special entities whose powers are defined by legislation; regulated by the norms of administrative law; implemented using special tools (mechanisms, measures); the activity of public administration subjects consists in the adoption of laws, subordinate regulatory legal acts and their implementation. Based on the results of the research, the author's definition of the concept of administrative and legal support of the legal regime of martial law is proposed as the activity of authorized subjects of public power in relation to the legal regulation of social relations, legal support for the implementation of the measures of the legal regime of martial law, regulated by the norms of administrative law, with the aim of protecting human rights and freedoms. defense of the state in case of armed aggression or threat of attack, danger to the state independence and territorial integrity of Ukraine. It has been established that the essence of the administrative and legal provision of the legal regime of martial law is the provision of conditions for achieving the goals of its introduction, as well as the provision of regulation, implementation, protection and protection of social relations in the conditions of martial law.
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