Current Issues of Law Enforcement in the Context of Martial Law
DOI:
https://doi.org/10.32631/v.2025.4.39Keywords:
law enforcement, martial law, legal regime, law enforcement agencies, law and order, public order, tasks, functions.Abstract
The article analyses contemporary approaches to the concept of law enforcement, defining it in the context of the legal regime of martial law in Ukraine. It shows that, in a broad sense, this refers to the activities of all state bodies and non-governmental organisations to ensure the rights and freedoms of citizens, legality and law and order, taking into account the provisions of the legal regime of martial law. In a narrow sense, it is the work of specially authorised bodies aimed at protecting the rights and freedoms of citizens and maintaining legality within the limits of their powers and procedures established by law.
The main features of law enforcement activities are identified and analysed, including: an authoritative nature, which involves the actions of bodies and officials on behalf of the state; law enforcement nature as the obligation to act on the basis of legal facts and legal norms for making decisions in legal cases; implementation exclusively through lawful measures of influence; performance of functions by state-authorised bodies at the expense of state finances and resources.
It is shown that law enforcement practice in these conditions focuses on preventing threats to martial law, joint implementation of tasks with security and defence forces, ensuring public order, and maintaining law and order at the proper level. In the specific conditions of martial law, new areas of work are added: combating crimes against national security, countering terrorism, preventing violations that undermine the requirements of the legal regime of martial law, ensuring public safety and protecting the rights and freedoms of citizens against the backdrop of relevant challenges.
The factors influencing the content and characteristics of law enforcement activities are analysed, and the complications of working conditions due to new threats and psychological difficulties caused by the war are highlighted. Functional factors include the expansion of powers, increased workload and the development of new forms of cooperation. Organisational factors include the need to create special units or engage individual specialists to perform tasks in wartime.
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References
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