TERMINOLOGICAL DEFINITION OF THE CONCEPT "SPECIAL PERIOD" AND ITS APPLICATION

Abstract

The paper investigates some of the problem aspects of regulatory and legal regulation of the introduction and termination of a special period in Ukraine. Legislative definitions of the concept "special period "are analyzed. The judicial practice is investigated and the problems of understanding the concept of a special period and the time limits of its action are emphasized. It is underlined that in Ukraine there are two legal forms of functioning of the country in the field of defense, a peacetime and a special period. The legal nature of the "special period" is revealed, the relevant components, the grounds for its introduction and the time of its termination are determined. The content of the legal regime "martial law", and the concepts of "mobilization time", "military formations" is disclosed. In particular, it is emphasized that the concept of "mobilization time" can have two different meanings, and the meaning of this concept for determining the time limits of a special period.  The paper substantiates the period of duration of the special period and analyzes the components that determine and are covered by the time boundaries of the special period. The author analyzes the legal concept of martial law, emphasizes the difference between the concepts of wartime and the legal regime of martial law, and their relationship with the understanding of the duration and spread of the special state. The moment of the beginning of the martial law regime and the legal basis for its introduction are investigated and determined. The work substantiates the period of the duration of a special period. The significance of the Declaration by the Verkhovna Rada of Ukraine of a state of war for the beginning of the special period is determined. It is also stated that the recovery period after the end of hostilities cannot occur in a country in which there was no wartime.The concept of "military authorities", "Armed Forces of Ukraine", "military formations" is investigated and analyzed.The concept of "armed aggression" and actions that are considered armed aggression as the basis for the introduction of a special period are also studied.It is concluded that the "special period" begins with the publication of the Decree of the President of Ukraine "On Mobilization", and the completion will be the full implementation of the Decree of the President of Ukraine "On Demobilization".