ADMINISTRATIVE AND LEGAL STATUS OF MILITARY ADMINISTRATIONS IN UKRAINE UNDER THE CONDITIONS OF THE LEGAL REGIME OF MARTIAL LAW

Abstract

The article analyzes the peculiarities of the administrative and legal status of military administrations in Ukraine. It is noted that the administrative-legal status of military administrations is a special administrative-legal status, which arises on the basis of legislation as a consequence of the state will, is created by executive order by authorized institutions of power if there are grounds and in the order specified by law. we propose to consider the main elements of the administrative-legal status as the purpose (subject of assignment) of the functioning of the authority, competence (rights and powers). The content of the administrative-legal status emphasizes the functional role and place of the subject of public administration in the system of public management relations. The author singles out and characterizes the following features of the administrative-legal status: multidimensionality of the subject matter, temporary functioning of military administrations, clear delimitation of the scope of administrative powers of military administrations depending on the territorial limits of the exercise of competence, the specifics of the powers provided for by law, the difference between military administrations and military-civilian administrations. The above features of the administrative and legal status of military administrations are not exhaustive. The legal status of military administrations also allows us to single out the special order of relations with state authorities and military command, and the role of representatives of the Armed Forces of Ukraine and the higher leadership bodies of the Armed Forces in the process of functioning and formation of military administrations, and features of financial support, staffing, etc. It is noted that the use of powers by military-civilian administrations in the conditions of the legal regime of martial law creates certain prerequisites for the violation of the rights and freedoms of citizens even in the conditions of constitutionally defined restrictions on the legal status of a person. In this regard, a promising direction of research for domestic legal science is the development of proposals for additional guarantees of the observance of individual rights in the activities of military administrations under martial law.