Administrative and legal framework of public administration under martial law and emergency situations: challenges and reform prospects

DOI: https://doi.org/10.26565/1727-6667-2024-2-22
Keywords: public administration, emergency conditions, martial law, military-civil administrations, legal regulation, democratic control, human rights, national security, de-occupied territories..

Abstract

The main idea of this paper is to critically examine the legal regulation of public authorities’ powers during the implementation of martial law in Ukraine, analyze gaps and conflicts in current legislation, and propose ways to improve it to ensure balance between management effectiveness and human rights. Through comprehensive analysis of the regulatory framework and comparative study of international experience, key shortcomings in current legislation have been identified, including: excessive concentration of power at the central level, insufficient coordination between military and civil administrations, limited mechanisms of democratic control, and lack of transparency in public resource utilization. Special attention is paid to analyzing the distribution of powers between military-civil administrations and local self-government bodies, as well as addressing the rights of internally displaced persons and residents of de-occupied territories. The study examines the experience of EU and NATO countries in organizing public administration during crisis conditions, particularly practices from France, Germany, and the Baltic states. Based on this research, specific directions for improving legal regulation are proposed, aimed at ensuring balance between operational management decisions and maintaining democratic principles and mechanisms. Practical recommendations have been developed regarding the detailed allocation of powers across different levels of government, implementation of effective coordination and control mechanisms, enhanced transparency in public resource usage, and protection of citizens’ rights under martial law. The research makes significant contributions by developing an innovative framework for balancing security needs with democratic governance, proposing concrete legislative amendments, and creating a comprehensive roadmap for administrative reform under martial law that aligns with European standards while addressing Ukraine’s unique challenges.

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Author Biographies

Lyudmyla Byelova, V. N. Karazin Kharkiv National University, 4 Svobody Sq, Kharkiv, 61022, Ukraine

Dr.Sc. in sociological sciences, Professor,
Honored Education Worker of Ukraine,
Director of the Educational and Scientific Institute «Institute of Public Administration»,
V. N. Karazin Kharkiv National University, 4 Svobody Sq., Kharkiv, 61022, Ukraine

Ganna Goncharenko, State Security of the National Academy of the Security Service of Ukraine, 22 Mykhaila Maksymovycha St., 03022, Kyiv, Ukraine

Doctor of Law, Associate Professor, Professor of the Special Department № 1
of the Center for the Protection of National Statehood,
Educational and Scientific Institute of State Security of the National Academy
of the Security Service of Ukraine, 22 Mykhaila Maksymovycha St., 03022, Kyiv, Ukraine

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Published
2025-01-06
How to Cite
Byelova, L., & Goncharenko, G. (2025). Administrative and legal framework of public administration under martial law and emergency situations: challenges and reform prospects. Theory and Practice of Public Administration, 2(79), 421–441. https://doi.org/10.26565/1727-6667-2024-2-22
Issue
Vol. 2 No. 79 (2024): Theory and Practice of Public Administration
Section
Foreign Policy and National Security

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