National security of Ukraine under martial law: theoretical and legal analysis

The article is devoted to the theoretical and legal analysis of the key features of national security in the conditions of the legal regime of martial law, to the clarification of the specifics of the change in the model of legal regulation, the nature and originality of such changes in accordance with the modern paradigm of national security of Ukraine, in the conditions of the large-scale Russian military intervention in Ukraine, which began from February 24, 2022. It has been proven that national security and martial law are related scientific and applied categories that characterize the protection of the institutions of the individual, society and the state under special legal conditions, when ensuring the protection of these interests is impossible without the introduction of such a regime. It has been found that the phenomena of the martial law regime and the state of national security should be considered as close and systematically related legal categories both in legislation and in legal science. It is shown that the threat of violation of national security or its violation through military (armed) aggression of another state predisposes to the introduction of the legal regime of martial law. Thus, martial law becomes a kind of (special) legal regime for guaranteeing (renewing) or promoting national security in conditions of potential or actual armed aggression. The introduction of martial law under such conditions plays a number of socially significant functions to ensure national security: preventive, human rights protection, stabilization, and stimulation. In the conditions of martial law, objectively, the role of the state to ensure national security: its law-making and law-enforcement activities are increasing, the state power operates in a mode of uninterrupted functioning, the mobilization model of the functioning of the state apparatus is implemented, the sphere of private discretion (individual freedom of individuals and legal entities) is significantly narrowed (decreases, is limited).

national security, war, armed aggression, legal regime, martial law, military administrations, security legal relations, security legislation