Grounds and procedure for the introducing the legal regime of martial law

The article analyses the conditions and grounds for the introduction of the legal regime of martial law. In today’s world, where geopolitical conflicts and threats to national security are becoming increasingly relevant, the establishment and functioning of the martial law regime is one of the most important aspects of ensuring stability and security in society. Military conflicts and terrorist threats taking place in the world demonstrate the need for adequate legal mechanisms to respond to extreme situations to protect national interests. The analysis of the conditions and grounds for the introduction of martial law measures is of great importance for understanding the process of introducing this regime, as well as for determining its relevance and effectiveness. The study notes that the legal regime of martial law occupies a special place in the system of emergency legal regimes, which has its own regulatory features for the effective organization of the work of state bodies in the context of armed aggression and military threats. The authors examine the concept of the legal regime of martial law enshrined in legislation through the prism of Article 15 ECHR and come to the conclusion that this legal regime is aimed at ensuring exclusively the interests of the State, which follows from the list of objects of its protection, namely: «national security», «state independence of Ukraine», «territorial integrity». The reasons for the introduction of martial law thus lack the humanitarian component inherent in other emergency regimes. The authors emphasize that «protection of national security» is becoming extremely important for Ukraine, especially in the context of the prolonged war that began in 2014. At the same time, an unreasonable interpretation of this concept may cause harm to an individual, society and the state. This necessitates the establishment of clear procedural safeguards preventing the unjustified imposition of martial law, the absence of which may lead to abuse of power by public authorities and restriction of human rights and freedoms. The article identifies the grounds for introducing this regime and also substantiates the expediency of introducing the legal regime of martial law in specific situations. In the course of the scientific study of this issue, the authors provide proposals for further improvement of national legislation and practical application of the grounds and conditions for the introduction of the martial law regime.