METHODS OF ADMINISTRATIVE AND LEGAL ENSURANCE OF THE RIGHTS AND FREEDOMS OF CITIZENS IN THE SPHERE OF STATE ADMINISTRATION IN CONDITIONS OF MARTIAL STATE
DOI:
https://doi.org/10.34132/mspc2026.03.13.13Keywords:
mechanisms, mechanisms of public administration, rights and freedoms of citizens, martial law, administrative and legal aspect, administrative and legal mechanisms of public administration.Abstract
The theses present a scientific justification of the methods of administrative and legal provision of citizens' rights and freedoms in the sphere of state administration under martial law from the standpoint of administrative and legal science and public administration. The relevance of considering the rights and freedoms of a citizen as an independent object of state administration, the implementation of which in a special period is significantly influenced by security factors and requires the adaptation of administrative and legal instruments, is substantiated. The main doctrinal approaches to understanding citizens' rights in relation to the functions of public authority are revealed, which made it possible to determine the administrative and legal nature of the mechanisms for their provision. The constitutional and legal and administrative and legal principles of the introduction of martial law are analyzed, the features of the normative regulation of temporary restrictions on citizens' rights and freedoms are clarified, and the legal boundaries of such restrictions are determined in accordance with the principles of the rule of law and proportionality. Considerable attention is paid to the analysis of special legislation and subordinate normative legal acts regulating the activities of public authorities under martial law, as well as to the assessment of their impact on the practical implementation of citizens' rights. The institutional mechanisms of public administration in the field of ensuring the rights and freedoms of citizens during a special period are characterized, in particular, the system of executive authorities, local self-government bodies and law enforcement agencies, their powers and features of interaction.The role of administrative and legal instruments and procedures, administrative decisions and special legal regimes applied under martial law is analyzed, and the main problems and risks of violation of citizens' rights associated with the expansion of discretionary powers and the reduction of procedural guarantees are identified. Based on the generalization of the research results, directions for optimizing public administration mechanisms in ensuring the rights and freedoms of citizens were substantiated, which include improving administrative and legal regulation, strengthening the institutional capacity of public authorities, developing control and accountability mechanisms, as well as integrating international and European standards of citizens' rights.
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