Problematic Aspects of Ensuring the Authority of Local Councils in the Absence of Elections under Martial Law

Abstract

The purpose of the article is to provide a comprehensive analysis of the challenges related to ensuring the authority of local councils in the context of the impossibility of holding elections during martial law, as well as to assess legislative initiatives aimed at maintaining the institutional capacity of local self‑government. The study employs systemic and comparative‑legal methods, which made it possible to identify key risks to the functioning of representative bodies caused by the reduction of the deputy corps, restrictions on electoral procedures, and the transformation of public‑authority mechanisms under special legal regimes. Particular attention is devoted to the specific situation of territorial communities where deputies were elected under a majoritarian electoral system, as these councils have proved to be the most vulnerable to losing their authority due to the absence of mechanisms for replacing vacant mandates.

The findings demonstrate that the gradual decrease in the number of deputies poses real threats to the councils’ ability to adopt decisions, maintain a quorum, and perform essential governance functions. It is established that the legal regime of martial law, combined with the prohibition on holding local elections, creates a situation of institutional blockage that may lead to a governance vacuum and an increased role of military administrations. The article analyses legislative initiatives aimed at temporarily adjusting the requirements for council capacity, including changes to the rules for determining quorum and the number of votes required for decision‑making. It is shown that such mechanisms can ensure the continuity of council operations, yet they require clear normative limitations and alignment with the constitutional principles of local self‑government.

The conclusions emphasise that maintaining the authority of local councils during wartime requires a balanced combination of temporary legal instruments, institutional flexibility, and the preservation of the democratic agency of territorial communities. The need for further research is highlighted, particularly regarding the development of crisis‑management models, improvement of interaction procedures between councils and military administrations, and the adaptation of international experience in the functioning of local authorities under prolonged special legal regimes. The results obtained form a theoretical basis for improving legislation and strengthening the resilience of the local self‑government system under martial law.