FEATURES OF LEGAL MECHANISM OF PUBLIC ADMINISTRATION IN THE SPHERE OF CIVIL DEFENSE UNDER THE WAR-TIME CONDITIONS

Abstract

The purpose is to investigate the peculiarities of the legal mechanism functioning of public administration of structures in the field of civil protection under martial law. Methodology. During the research, general scientific methods were used: structural-logical and system- functional analysis, synthesis, comparison of alternatives. The scientific novelty consists in hierarchy development of the system of indicators and mechanisms of public administration, their interrelationship in the system of legislative acts in the spheres of national security and civil protection. Conclusions. The article substantiates the relevance of problematic issues investigated in it. The analysis of previous scientific works on the subject of the study was carried out and it was established that the vast majority of scientists consider the issues of national security in general; insufficiently researched issues regarding public administration in the sphere of civil protection in the conditions of martial law were singled out. The legislative acts were analyzed and it was established that they do not outline the functions and tasks of the State Emergency Service of Ukraine, other central and local executive authorities regarding the implementation of civil protection measures under martial law. The provisions of legislative acts in the field of civil protection regarding state security of Ukraine in the conditions of martial law have been studied. The hierarchy of the system of indicators and mechanisms of public administration, which is formed and functions according to legislative acts of the spheres of national security and civil protection, has been worked out. In the above-mentioned hierarchy, the highest-level indicator is the Constitution of Ukraine, and the legal mechanism consists in norms and levers of that law. The laws of Ukraine on national security, on defense as well as on the legal regime of martial law are defined as the higher-level indicators, and the norms and levers of these laws are defined as the higher-level mechanisms. Base-level indicators consist in Decrees of the President of Ukraine, resolutions and orders of the Cabinet of Ministers of Ukraine, the order of the State Emergency Service of Ukraine that regulate the activities of public authorities under martial law, and the corresponding mechanisms are defined by the norms and levers of the specified legislative acts. Some discrepancies and gaps in the legislation were revealed, in particular in the legal mechanism of public administration regarding the definition of functions and tasks of the structures in the sphere of civil protection under martial law and in a special period.