Mobilization as a Determining Factor Affecting the Administrative and Legal Status of Citizens under the Legal Regime of Martial Law

The relevance of the study is determined by the fact that the full-scale armed aggression of the Russian Federation against Ukraine has been ongoing for more than four years. The war has evolved into a prolonged war of attrition, making the prompt and proper implementation of mobilization measures, including the provision of the Armed Forces of Ukraine with motivated personnel and the necessary resources, one of the key conditions for ensuring the country’s defense capability, independence, and continued existence. Despite the considerable body of scholarly research devoted to the legal regulation of mobilization, particularly under martial law, the issue of ensuring the fundamental rights and freedoms of citizens in the course of mobilization measures remains insufficiently studied, especially with regard to rights that may not be restricted even under martial law. The article examines the essence and legal nature of mobilization, military duty, and military service, the specific features of their formation and development, as well as the impact of mobilization on the administrative and legal status of citizens under the legal regime of martial law. The purpose of the study is to analyze the provisions of the Law of Ukraine “On Mobilization Preparation and Mobilization” and other regulatory legal acts in the field of defense with regard to their compliance with the Constitution of Ukraine and international human rights standards, as well as to determine their impact on the rights and obligations of citizens during martial law and mobilization. Particular attention is paid to problematic aspects of the implementation of mobilization measures, including cases of violations of citizens’ rights by officials of Territorial Recruitment and Social Support Centers, as well as to substantiating proposals for improving the relevant legal framework and its implementation in practice. The methodological basis of the study comprises general scientific and special methods of scientific inquiry, including the historical, dialectical, dogmatic, systemic analysis, and formal-logical methods. The study proposes an author’s definition of the concept of “mobilization,” which differs in its content and conceptual approach from the statutory definition established by the Law of Ukraine “On Mobilization Preparation and Mobilization.” The necessity of ensuring an appropriate balance between the public interest in national defense and the protection of fundamental rights and freedoms of citizens during the implementation of mobilization measures is substantiated.