Activities of administrative agencies under martial law: general concept

The article explores the concept of the administrative agencies’ activities during martial law through the prism of combination of security expediency and the requirements of the rule of law. It is emphasized that martial law transforms both the normative and legal and actual conditions of the public administration functioning, changing the limits of its discretion and priorities of activity. It is emphasized that administrative agencies receive expanded powers for an strategic response to threats to national security, however, this does not mean the removal from the functioning of the general principles of administrative law – legality, proportionality, good governance, transparency and accountability. It is emphasized that even in emergency conditions, administrative activity must retain its legal character and be carried out within the framework of a modified but valid legal order. The essence of the transition from the usual regulatory model to the mobilization model, characterized by the centralization of management processes, the reduction of procedural elements and the strengthening of the executive vertical, is revealed. Attention is drawn to the risks associated with the concentration of power, which may lead to administrative bodies going beyond the limits of legal legitimacy. In this context, the necessity of effective mechanisms of parliamentary and judicial control, capable of ensuring a balance between the speed of decision-making and compliance with legal standards, is substantiated. It is noted that parliamentary control is aimed at maintaining the political and legal accountability of the executive branch, while judicial control performs a stabilizing function, preventing arbitrary interference by the administration in the sphere of human rights. It is emphasized that administrative agencies remain the bearers of state legitimacy, and their activities during the period of martial law are a form of legal governance in conditions of limited law and order. It is concluded that the strategic goal of administrative activity during this period is not only to ensure the viability of the state, but also to preserve its legal identity and return to the full rule of law regime after the end of the state of emergency.