LOCAL GOVERNMENT UNDER THE CONDITIONS OF THE STATE OF MARTIAL

Abstract

The article analyzes the legal status and the procedure for exercising the powers of local self-government bodies in the conditions of the legal regime of martial law, the legal status and interaction of military administrations with local self-government bodies at the level of territorial communities, provides a description and analyzes the challenges faced by the bodies at the level of normative and legal regulation of local self-government during martial law. A number of inconsistencies at the legislative level, the absence of a clear demarcation of the spheres of exercise of authority by local councils, heads of territorial communities, military administrations and their chiefs, were revealed. Areas that require prompt settlement have been identified, including the budget area, property issues, the area of social services, and personnel policy. It also describes a number of additional powers and obligations declared by the Decree of the President of Ukraine №64/2022. Among them, the establishment of cooperation with military administrations and military command, decision-making caused by military actions on the territory of Ukraine, the increase in the number of forcibly displaced persons, civil protection, security and defense issues. Discussions among experts and officials at the regional and local level, which arose as a result of the introduction of the legal regime of martial law, are described. In particular, the article talks about the additional burden on local budgets, which consists in financing the social protection of internally displaced persons, the restoration of infrastructure, the financing of repair works or the construction of new social protection facilities. Social and civil protection requires new solutions and algorithms for Ukraine, which are also part of the tasks of local authorities. At the same time, local government is represented both by local selfgovernment bodies and by military administrations. That is why the question arises regarding the distribution not only of powers, but also of responsibilities. The article also highlights the problem of temporary use of communal property for defense purposes, for which there are no legal grounds and mechanisms.