The article is devoted to the study of certain features of the legal regulation of local self-government in the conditions of the legal regime of martial law.

Local self-government is considered as a component of the constitutional system of Ukraine. However, the need to concentrate efforts and resources to ensure the defence of the state against external aggression, along with the preservation of the foundations of the democratic legal nature of the state, necessitates the introduction of a special legal regime of martial law, which is characterized by significant differences from the legal regime of “peace time”. The special role of the Law “On the Legal Regime of Martial Law” as the basis for the functioning of the entire system of public authorities, including local self-government, during war is emphasized.

The limitations on the functioning of local self-government at the level of the territorial hromada, due to the needs of martial law, are considered. Such limitations are implemented institutionally, through the introduction of local military administrations as special temporary state authorities, and functionally, through the redistribution of powers between military administrations and local self-government bodies. It is shown that three forms of local government organization are possible: full-fledged functioning of local self-government in the absence of military administrations; coexistence of military administrations and local self-government bodies; transfer of all powers to military administrations with the suspension of the functioning of local self-government bodies. The ambiguity of practice regarding the coexistence of self-government with military administrations as an exceptional situation is shown.

The institution of the suspension of the functioning of local self-government bodies with its possible renewal under appropriate conditions is a novel of legal regulation of the martial law regime. The grounds and subjects of making the relevant decisions, as well as the constitutional specificity of the relevant provisions, their relationship with the general legislative regulation of self-government and individual examples of their practical application are considered. The need for a more complete study of the limitations of local self-government in the context of a comprehensive scientific study of the nature of the legal regime of martial law and the special role of the Law “On the Legal Regime of Martial Law” in comparison with the Constitution of Ukraine is emphasized.

Bibliography

Authored books

1. Korniyenko M, Munitsypalne pravo Ukrainy. Kontseptualni ta orhanizatsiyno-pravovi pytannia (Alerta 2005).

2. Melnyk R S, Pravo na svobodu myrnykh zibran: teoriya i praktyka (Vaite 2015).