Administrative Law and Public Governance in Ukraine under Conditions of Armed Aggression: Between Law and Security
DOI:
https://doi.org/10.5281/zenodo.16566375Keywords:
martial law, public security, human rights, military administrationsAbstract
The article presents a comprehensive scientific analysis of the transformational processes in the field of administrative law and public administration under the conditions of the armed aggression of the Russian Federation against Ukraine. The purpose of the study is to elucidate the specific features of the functioning of the administrative and legal mechanism under martial law, assess the effectiveness of regulatory governance, and identify directions for its adaptation to the imperatives of national security and the observance of the principles of the rule of law. The methodology of the study encompasses systemic, structural-functional, and comparative-legal approaches, which enable a thorough examination of legislative changes, institutional mechanisms, and managerial practices introduced under the extraordinary legal regime.
Based on the results of the research, it is established that administrative law performs a dual function: it ensures legal order, legality, and procedural stability, while at the same time enabling the effective management of state resources, the coordination of governmental bodies, and the implementation of defense-related measures. Particular attention is given to the impact of the legal regime of martial law on the structure and functions of executive bodies with dual-purpose competencies, which simultaneously fulfill civil and military-administrative responsibilities.
The article explores the integration of digital instruments into the sphere of public administration during martial law. Special emphasis is placed on the functionality and practical significance of electronic platforms such as «Diia», «VzaiemoDiia», and the mobile applications «Army+» and «Reserve+». These tools have facilitated citizens’ access to core administrative services, significantly reduced bureaucratic burdens, and enhanced the operational efficiency of public decision-making. It is demonstrated that digital services have become an essential component of the national administrative infrastructure, maintaining their operability even under conditions of physical destabilization, population displacement, and the destruction of institutional networks.
Furthermore, the article outlines the legal foundations for the functioning of mobile administrative service centers, which ensure the provision of a minimum acceptable level of public services in communities affected by active hostilities. These mobile units play a crucial role in preserving the accessibility and continuity of administrative assistance in areas where traditional service infrastructure has been compromised or destroyed.
In conclusion, it is argued that administrative law, even under the extraordinary conditions of war, must remain aligned with the core principles of the rule of law, ensuring legal certainty, proportionality, and clearly defined temporal limits for the application of emergency measures. The author proposes that, upon the conclusion of hostilities, Ukraine's administrative legislation be revised and modernized in light of the crisis-response practices that have emerged during wartime, with a view to preserving an appropriate balance between the interests of national security and the protection of fundamental human rights.
