Transformation of law enforcement activities under the legal regime of martial law
Abstrak
The article is devoted to a comprehensive theoretical and legal study of the law enforcement function of the state in wartime conditions using the example of Ukraine during the period of full-scale armed aggression of the Russian Federation from February 24, 2022. The relevance of the study is due to the need for a scientific understanding of the transformation of the law enforcement system in extreme conditions of martial law, which requires a rethinking of doctrinal approaches to understanding the essence and content of the law enforcement function of the state in a special period. The methodological basis of the study is made up of general scientific and special legal methods of cognition: dialectical method, system-structural analysis, formal-legal, comparative-legal and historical-legal methods. The article analyzes the legal principles of the functioning of law enforcement agencies in the special conditions of the legal regime of martial law, examines the transformation of their competence, organizational structure and the specifics of the implementation of law enforcement activities in conditions of armed conflict. The provisions of the Constitution of Ukraine, the Law of Ukraine «On the Legal Regime of Martial Law», legislation on the National Police, the Security Service of Ukraine, the National Guard and other regulatory legal acts that regulate the activities of law enforcement agencies in a special period are analyzed. Special attention is paid to the study of the conceptual principles of the Comprehensive Strategic Plan for the Reform of Law Enforcement Agencies as Part of the Security and Defense Sector of Ukraine for 2023-2027 and the analysis of the Action Plan for its Implementation, approved by the Cabinet of Ministers of Ukraine in 2024. The features of the functioning of the system of law enforcement agencies of Ukraine, including the National Police, the National Guard, the Security Service of Ukraine, the State Bureau of Investigation, and prosecutor’s offices under the legal regime of martial law are studied. Theoretical and methodological approaches to defining the concept of «law enforcement agencies» and the criteria for classifying state institutions as law enforcement agencies are analyzed. Problematic aspects of the implementation of the law enforcement function of the state under martial law are systematized, including issues of balancing national security and respect for human rights, personnel and material and technical support, coordination of the activities of various law enforcement structures, documentation and investigation of war crimes, and international cooperation. Promising directions for improving the regulatory and legal regulation of the activities of law enforcement agencies under special legal regimes are identified.
Penulis (1)
Y. V. Stupnyk
Akses Cepat
- Tahun Terbit
- 2026
- Bahasa
- en
- Sumber Database
- CrossRef
- DOI
- 10.24144/2788-6018.2026.01.1.15
- Akses
- Open Access ✓