On the issue of «usurpation of power» by self-proclaimed bodies in the temporarily occupied territories of Ukraine

The paper analyzes the issue of «usurpation of power» by self-proclaimed authorities in the temporarily occupied territory of Ukraine through the lens of criminal liability legislation. It’s also important to emphasize to the tasks of the state in ensuring compliance with legal norms in all spheres of public and state life. This task is especially critical when applying criminal law provisions that entail strict measures of state coercion and the most severe forms of punishment. The study also focuses on amendments to criminal liability legislation, which reflect ongoing reform processes in the legal system. It is noted that the existing changes and additions to the legislation still do not fully regulate social relations regarding the protection of constitutional rights and freedoms of individuals and citizens. In this context, the legislator must work more actively and place greater emphasis on issues related to the criminal law protection of the foundations of national security, peace, human security, and the international legal order. It is noted that the right to determine and amend the constitutional order in Ukraine belongs exclusively to the people and cannot be usurped by the state, its bodies, or officials. It is emphasized that the issue of usurpation of power in Ukraine should not arise at all, as confirmed by official interpretations in the decisions of the Constitutional Court. Attention is drawn to amendments to the criminal liability legislation that address the usurpation of power by self-proclaimed authorities in the temporarily occupied territories of Ukraine. These amendments are subject to critical analysis, as such entities, by definition, cannot usurp the exercise of governmental powers in temporarily occupied territories, since those territories are occupied by the enemy and the legitimate state power is temporarily absent. A deeper examination of the legal nature of the concept of «usurpation of power» is proposed, as without a legislative definition and normative consolidation, this issue remains within the realm of academic debate. The text also clarifies the issue of preventing the usurpation of power by different branches of government.