Martial state in the system of conditions of action of law: methodological aspects of cognition

In the work, the authors analyzed the ideas of scientists on the issue of martial law, its correlation with the concepts of «legal regime» and «state of emergency». The ambiguity of its perception and research in the works of scientists, both legal theorists and representatives of branch legal sciences, was noted. It was noted that the relevance of the doctrinal understanding and the characteristics of the role and significance of martial law as a condition for the functioning and development of the legal system is difficult to overestimate. Today, Ukraine, like no other country, feels the influence of the legal regime of martial law on its own legal system, which occurs, first of all, in the practice of law, causing its transformation, not always ensuring the predictability of legal regulation. However, the state of scientific study of the legal aspects of martial law today testifies to a certain one-sidedness of its scientific perception and understanding in legal science, and therefore its research requires the transformation of methodological approaches. It is emphasized that martial law is certainly a complex and comprehensive legal concept that influences and determines the further development of most legal phenomena and processes. However, its important role lies in the fact that martial law as a whole changes (transforms) the effect of national law, both at the temporal and spatial and subject levels. In fact, under martial law, existing legal norms will operate differently, the measurement of which should be carried out according to the criteria of time, space and circle of persons. Taking into account the above, we consider it appropriate to consider the legal regime of martial law from the point of view of a special legal regime, the measurement of which should be carried out including from the point of view of its role as a condition for the operation of law, which affects the effectiveness of the legal norm from the point of view of the time of its operation, the space of distribution and the subjects it covers with its action. It is concluded that scientific research into both theoretical and legal and applied issues of martial law should be of a holistic conceptual nature, and the most optimal approach may be to measure martial law by the nature of the effect of legal norms in time, space and by the circle of persons.