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This is an Open Access article, distributed under the terms 
of the Creative Commons Attribution CC BY 4.0

1 Doctor of Philosophy in Law, Ukraine (corresponding author)
E-mail: stefancisenroman@gmail.com
ORCID: https://orcid.org/0009-0004-2878-7551
² Scientific Department of the Organization of Training and Certification of Scientific  
and Pedagogical Personnel, Scientific and Methodological Center of Scientific, Scientific and Technical Activities Organization,  
National University of Defense of Ukraine, Ukraine
E-mail: andriiihnatiev3@gmail.com
ORCID: https://orcid.org/0009-0008-6461-9693
³ National University "Odesa Law Academy", Ukraine
E-mail: calmakina@gmail.com
ORCID: https://orcid.org/0000-0002-2032-1851

DOI: https://doi.org/10.30525/2256-0742/2024-10-4-352-360

CENTRALISATION OF POWERS OF PUBLIC ADMINISTRATION 
ENTITIES UNDER MARTIAL LAW  

AS A GUARANTEE OF ECONOMIC AND LEGAL STABILITY  
OF THE STATE FUNCTIONING

Roman Stefanchishen1, Andrii Ihnatiev2, Olena Pasechnyk3

Abstract. The subject of the study is the impact of the concept of centralisation of powers among public 
administration bodies under martial law conditions as a prerequisite for ensuring national security in general and 
economic security in particular. Methodology. The research was conducted using general and specific scientific 
methods of cognition. The comparative method was used to identify changes in the status of the activities of public 
administration bodies under martial law. The quantitative and qualitative parameters characterising the peculiarities 
of the application of certain measures of the martial law regime were determined by means of analysis. The results 
of the study indicate that there is an immediate need for authorised entities in Ukraine to modify their activities in 
order to enhance and adapt the existing measures to the conditions of martial law. It has been determined that the 
powers of the President of Ukraine and military administrations in the field of economic security, which are applied 
during the legal regime of martial law, must be revised. Conclusion. The authors establish that under martial law, 
the President of Ukraine, the National Security and Defence Council and military administrations are vested with a 
wide range of powers, including those which directly affect economic relations at the State and municipal levels. 
The paper presents a proposal to amend the current legislation with a view to clarifying the powers of military 
administrations, which will ultimately facilitate their compliance with the fundamental principles of state regulation. 
The role of the National Security and Defence Council is defined as an institution that identifies national security 
risks (including financial and economic ones) and develops strategies to reduce their latency.

Keywords: martial law, public administration entities, economic security, powers, economic rights, national security.

JEL Classification: H83, F52

1. Introduction
Economic security constitutes a fundamental  

element of national security, reflecting the intrinsic link 
between a country's economic strength, its military-
economic potential, and the assurance of national 
security (Tretyak, Gordienko, 2010:8). As correctly 
observed in the scientific literature, economic security 
is reflected in the state of protection of economic  
rights, including decent housing, quality education, 
social protection, reasonable income in exchange for 
goods, and sufficient employment levels (Stetsenko, 

2014: p. 105). The implementation of martial law has 
resulted in substantial alterations to the fundamental 
rights of citizens, which are pivotal for the economic 
stability of both the state and its population. It is 
therefore imperative that duly authorised bodies 
prioritise the maintenance of the state's normal 
functioning, which will in turn ensure the continued 
stability of the economy.

Concurrently, the legal status of any entity endowed 
with specific powers affects the determination of 
its involvement in various public-law relations.  



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In light of the evolving conceptualisation of the  
public administration system, questions persist 
regarding the incorporation of specific authorised 
entities within this system. The President of Ukraine 
is no exception to this. Furthermore, the distinctive  
nature of his legal status has become particularly salient 
with the imposition of martial law. Consequently, the 
issue of systematising his powers and the procedure  
for their application has assumed heightened relevance.

Furthermore, military administrations are subject to 
a distinct legal status, namely that their activities are 
possible only in the context of the introduction of the 
legal regime of martial law. In such circumstances, there 
are difficulties in allocating military administrations  
to a specific group of subjects, defining their  
competence, delineating the procedure for acquiring 
powers and making decisions of a generally binding 
nature.

The proclamation of martial law in Ukraine has 
resulted in a pervasive phenomenon of compelled 
alterations in the operational modalities of public 
authorities, particularly within the executive branch. 
These changes were necessitated by the necessity 
to respond expeditiously and efficaciously to the 
challenges confronting the Ukrainian state during 
the period of full-scale invasion. Furthermore, this 
has resulted in an urgent necessity to rethink the role 
of public administration in the new socio-political 
conditions and the specifics of managing key areas of 
society during martial law, including the economic 
sphere. At the same time, control over the activities of 
the executive authorities during the period of martial  
law is vested in the National Security and Defence 
Council. Accordingly, the purpose of this article is 
to provide a doctrinal study of the changes that have 
occurred in the status of certain government entities 
under martial law, which at the same time should 
contribute to ensuring the economic security of the 
country.

2. The President of Ukraine as the Main Subject 
of Ensuring the Functioning of the State  
under Martial Law

The President of Ukraine is not classified as part 
of the executive or local self-government bodies.  
However, they are endowed with a set of powers  
that can be characterised as both political and 
administrative-staff in nature. The unique status and 
non-affiliation of the President of Ukraine do not  
negate the clarity of his legal position. Indeed, the 
President of Ukraine, in light of his powers and the 
intricate nature of interaction with other branches of 
government, serves as a vital link between all branches 
of power, acting as a central figure in the coordination 
of joint efforts. The President of Ukraine is vested 
with extensive powers in relations with the legislative, 

executive, and judicial branches of government.  
In this capacity, the President serves as an arbiter, 
ensuring the maintenance of a system of checks and 
balances within the state apparatus. This is done in order 
to prevent the absolutisation of power by any single 
government body.

The Constitution of Ukraine (1996) outlines the 
fundamental characteristics that define the legal  
status of the President of Ukraine during martial law, 
including under martial law:

1) The President of Ukraine is the guarantor of state 
sovereignty, territorial integrity of Ukraine, observance 
of the Constitution of Ukraine, human and civil rights 
and freedoms (Article 102 of the Constitution of 
Ukraine).

2) The President of Ukraine ensures state 
independence, national security and legal succession 
of the state (Article 106(1) of the Constitution of 
Ukraine).

3) The President of Ukraine is the Supreme 
Commander-in-Chief of the Armed Forces of Ukraine; 
appoints and dismisses the high command of the  
Armed Forces of Ukraine and other military formations; 
and exercises leadership in the areas of national security 
and defence of the state (Article 106(17) of the 
Constitution of Ukraine).

4) The President of Ukraine chairs the National 
Security and Defence Council of Ukraine  
(Article 106(18) of the Constitution of Ukraine).

5) The President of Ukraine addresses the Verkhovna 
Rada of Ukraine with a proposal to declare a state 
of war, and in the event of armed aggression against 
Ukraine, decides on the use of the Armed Forces of 
Ukraine and other military formations established in 
accordance with the laws of Ukraine (Article 106(19) 
of the Constitution of Ukraine).

6) The President of Ukraine decides on general or 
partial mobilisation and the introduction of martial  
law in Ukraine or in certain areas of Ukraine in the 
event of a threat of attack or a threat to the state 
independence of Ukraine (Article 106(20) of the 
Constitution of Ukraine).

7) The President of Ukraine is the chairman of the 
National Security and Defence Council of Ukraine, 
which, among other things, coordinates and controls  
the activities of executive authorities in the field of 
national security and defence (Article 107 of the 
Constitution of Ukraine).

The specified provisions are comprehensive and have 
practical implications during the period of martial law. 
Consequently, the President of Ukraine is obliged to 
perform duties that are not contingent on the existence 
or absence of martial law, while simultaneously  
being permitted to exercise the authority vested in them 
under the auspices of the martial law regime.

The powers of the President of Ukraine are 
generally manifested in the following authorities: 1) 



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Statutory powers to: a) form the executive branch;  
b) determine the content and direction of its  
functioning; c) ensure the rule of law; 2) powers in the 
field of public administration, including: a) personnel 
issues (e.g., submission to the Verkhovna Rada of 
Ukraine of proposals for the appointment of the 
Prime Minister of Ukraine, the Minister of Defence of  
Ukraine, the Minister of Foreign Affairs of Ukraine; 
appointment and dismissal of half of the members 
of the Board of the National Bank of Ukraine); 
b) ensuring activities (e.g., establishing advisory, 
consultative and other auxiliary bodies and services; 
making decisions on the introduction of a state of 
emergency in Ukraine or in certain areas of Ukraine, 
as well as on declaring certain areas of Ukraine as 
zones of environmental emergency with subsequent 
approval of these decisions by the Verkhovna Rada of 
Ukraine); с) control activities (e.g., suspension of acts 
of the Cabinet of Ministers of Ukraine on the grounds 
of their inconsistency with the Constitution with 
simultaneous appeal to the Constitutional Court of 
Ukraine on their constitutionality; initiation of an all-
Ukrainian referendum on constitutional amendments 
or declaration of an all-Ukrainian referendum on 
people's initiative) (Kivalova, 2023: 180).   

The President of Ukraine approved the Economic 
Security Strategy of Ukraine until 2025 (The Decree 
of the President of Ukraine "On the Decision of the 
National Security and Defence Council of Ukraine 
dated August 11, 2021 ‘On the Economic Security 
Strategy of Ukraine until 2025’", 2021). In consequence, 
the national interests of Ukraine are aligned with the 
principles of sustainable economic development, 
integration into the European economic space  
and the pursuit of mutually beneficial economic  
co-operation with other states.

The following should be noted regarding the powers 
granted to the President of Ukraine under martial  
law. Primarily, the President of Ukraine is a subject 
of civilian democratic control over the security 
and defence sector. This status is confirmed by the  
possibility to make legal decisions both directly by 
the President of Ukraine and through the National  
Security and Defence Council of Ukraine, headed 
by him/her, or through other consultative, advisory  
and auxiliary bodies and services established as 
necessary (The Law of Ukraine "On National Security 
of Ukraine", 2018).

The status of the President of Ukraine is detailed 
through his role as the Supreme Commander-in-Chief 
in defence-related matters.  Thus, the head of state 
approves the structure of the defence plan of Ukraine 
and the military-territorial structure of Ukraine, 
and in the event of armed aggression decides on  
general or partial mobilisation, the introduction of 
martial law, the use of the Armed Forces of Ukraine 
and other military formations, and submits a proposal 

to the Verkhovna Rada of Ukraine to declare a state 
of war.  The algorithm for using these powers is set 
out in the Law of Ukraine "On Defence of Ukraine" 
(1991). Furthermore, it is possible to differentiate 
between the types of decisions made by the President 
of Ukraine in the field of defence in general and  
those made by him as the Supreme Commander-in-
Chief of the Armed Forces of Ukraine. In the former 
case, this pertains to decrees and orders, whereas in 
the latter, it encompasses directives on matters of 
defence, including those pertaining to the operational 
reinforcement of the Armed Forces of Ukraine and 
other military formations established under Ukrainian 
legislation during a special period.

During the legal regime of martial law in Ukraine, 
a special period is in effect, which is a condition for 
the President to establish a special advisory body –  
the Supreme Commander-in-Chief 's Headquarters. 
The Regulations on this body have been approved  
and its contents are not subject to disclosure  
(The Decree of the President of Ukraine "On the 
Decision of the National Security and Defence Council 
of Ukraine of 13 September 2017 ‘On the Headquarters 
of the Supreme Commander-in-Chief ’", 2017).

The precise status of the President of Ukraine is 
most clearly defined in the provisions of the Law of 
Ukraine "On the Legal Regime of Martial Law" (2015).  
As the Supreme Commander-in-Chief, the President of 
Ukraine is a member of the military command, which 
allows him to introduce and implement measures 
related to martial law. The role of the head of state is 
important in the introduction of martial law, as it is 
initiated and legally formalised by a presidential decree. 
For example, the legal regime of martial law was first 
introduced by the Decree of the President of Ukraine 
"On the Introduction of Martial Law in Ukraine" 
(2022). Subsequently, since the introduction of martial 
law in 2022, this regime has been extended several  
times by relevant decrees.

It is worth noting that the term of office of the  
President of Ukraine during martial law has certain 
peculiarities. For example, Article 10 of the Law of 
Ukraine "On the Legal Regime of Martial Law" (2015) 
states: "...during the period of martial law, the powers 
of the President of Ukraine cannot be terminated."  
This provision is aimed at ensuring the uninterrupted 
and proper performance of the functions of the head  
of state in conditions that require maximum  
involvement of the President in solving state affairs  
and ensuring the national security of the country.

3. The National Security and Defence Council 
of Ukraine (NSDC) in the System of Bodies 
Vested with Powers under Martial Law

The legal status of the National Security and Defence 
Council of Ukraine (NSDC) has stable characteristics 



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determined by its purpose and competence, as well 
as specific features influenced by its exclusive powers 
during martial law.

The President of Ukraine, as the Supreme 
Commander-in-Chief of the Armed Forces of Ukraine 
and the guarantor of state sovereignty and territorial 
integrity, taking into account various aspects of 
national security challenges, establishes the National 
Security and Defence Council of Ukraine (NSDC) to 
perform functions to ensure national independence 
and security (Koval, 2013). The status of this body 
was initially delineated in the Law of Ukraine "On the 
National Security and Defence Council of Ukraine" 
(1998), which defines it as follows: 1) a coordinating 
body under the President of Ukraine; 2) a body 
whose competence encompasses the field of national  
security and defence; 3) a body whose informational, 
analytical, and organisational support is provided  
by the NSDC Secretariat, which is a legal entity. These 
specific aspects of its status will now be examined  
in more detail.

The fact that the NSDC is a coordinating body 
under the President of Ukraine indicates a legal link  
between the functioning of this body and the 
President. The power of the President to establish 
subsidiary bodies is enshrined in the Constitution. 
Thus, the President of Ukraine, within the limits of 
funds provided for in the State Budget of Ukraine, 
establishes consultative, advisory and other auxiliary 
bodies and services to exercise his powers (Article 
106(1)(28) of the Constitution of Ukraine, 1996).  
In light of this formulation, it becomes evident  
that the auxiliary bodies established by the President 
of Ukraine do not possess executive authority. Instead, 
they serve a supporting role, the scope of which is 
contingent upon their designated function.

The fact that it is a body under the President of 
Ukraine does not mean that it is a public authority. 
Accordingly, it is advisable to distinguish between 
the place of the NSDC in 1) the system of public 
authorities and 2) the system of public administration 
entities. Regarding the first, it is illogical to classify 
the NSDC as a state body that does not belong to 
any branch of government. After all, the principle of 
sectoral stratification of state bodies is enshrined in 
the Constitution (Article 6 of the Constitution of 
Ukraine, 1996). From a doctrinal standpoint, there 
have been efforts to advance a divergent position  
that is not aligned with the tenets of the law. It is 
noteworthy that Koval N.V. posits the possibility of 
interpreting the status of bodies established by the 
President of Ukraine as quasi-state entities. These 
entities, which should be unified under the term 
"state institutions", provide the President of Ukraine 
with a range of services, including organisational, 
legal, advisory, informational, expert, and analytical 
services, in accordance with their defined competencies 

(Koval, 2016: 29). This conclusion is supported  
by the observation that these bodies are not vested 
with powers of authority. In accordance with their 
competence, they do not adopt legally binding 
normative and individual acts.

The authors agree with this position and draw 
attention to the fact that according to the Classification 
of Organizational and Legal Forms of Business 
ДK 002:2004, approved by the Order of the State 
Committee of Ukraine for Technical Regulation and 
Consumer Policy of 28.05.2004 No. 97 "On Approval 
of National Standards of Ukraine, State Classifiers 
of Ukraine, National Amendments to Interstate  
Standards, Amendments to the Order of the 
State Committee of Ukraine for Consumer 
Protection and Food Safety No. 59 dated March 31, 
2004 and Cancellation of Regulatory Documents" 
(2004), subsidiary bodies established by the President 
of Ukraine are not classified as state bodies.

It seems reasonable to posit that any reference  
to the status of a state body in the auxiliary bodies 
established by the President of Ukraine should  
be contained in the legal acts regulating their 
establishment and functioning. Furthermore, it  
should be noted that some of these bodies are 
state institutions, which are referred to in the legal  
framework as "bodies", despite their characteristics 
not aligning with the legal definition of a state body. 
Additionally, some have structural subdivisions that 
are state bodies. This is exemplified by the status of 
the National Security Council of Ukraine, which is the 
NSDC Secretariat, a state body (The Law of Ukraine 
"On the National Security and Defence Council of 
Ukraine", 1998).

It is important to highlight that the NSDC 
is a coordinating body under the President of 
Ukraine, which must be established. In this regard,  
Petriv I.M. highlights that the formation of the NSDC 
is mandated by the Basic Law, which does not allow 
for discretion (Petriv, 2004: 3). Consequently, the 
Constitution of Ukraine (1996) explicitly mandates 
the establishment of the National Security and Defense 
Council of Ukraine (Article 107), underscoring its 
constitutional status.

In terms of the NSDC's position within the 
wider system of public administration entities, the  
following observations can be made. It is well 
established that public administration entities 
include the following: a) state executive authorities;  
b) local self-government bodies; c) other entities in 
the exercise of their administrative functions on the 
basis of legislation, in particular, in the exercise of 
delegated powers; d) other entities that have different 
administrative powers in terms of content and scope 
(Melnyk, Bevzenko, 2014: 126). In light of the 
NSDC's status as a non-state executive body, local self-
government body, and subject of delegated powers, 



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as well as the existence of broad public competence 
(Article 4 of the Law of Ukraine "On the National 
Security and Defence Council of Ukraine" (1998), it 
is recommended that the NSDC be referred to other 
subjects that are vested with administrative powers of 
varying content and scope.

The NSDC's competence in the sphere of national 
security and defence indicates that this body has 
certain public powers in the sphere of public relations. 
Accordingly, national security is defined by law as the 
protection of vital interests of a person and citizen, 
society and the state, which ensures sustainable 
development of society, timely detection, prevention 
and neutralisation of real and potential threats  
to national interests (Article 1 of the Law of Ukraine 
"On National Security of Ukraine", 2018), and 
defence of Ukraine is defined as a system of political, 
economic, social, military, scientific, scientific-
technical, informational, legal, organisational and  
other measures of the state to prepare for armed  
defence and its protection in the event of armed 
aggression or armed conflict (Article 1 of the Law of 
Ukraine "On Defence of Ukraine", 1991).

The NSDC's powers are inherently coordinating 
and controlling, and are thus limited to strategic 
planning and programme development. Additionally, 
the NSDC is responsible for submitting relevant 
proposals to the President of Ukraine concerning the 
scope of the President's powers in the field of security 
and defence. Furthermore, the NSDC coordinates 
executive authorities and local self-government 
bodies in the field of protection of Ukraine's national  
interests. The NSDC's powers are inherently  
coordinating and controlling, and are thus limited 
to strategic planning and programme development. 
Additionally, the NSDC is responsible for submitting 
relevant proposals to the President of Ukraine 
concerning the scope of the President's powers in 
the field of security and defence. Furthermore, the 
NSDC coordinates executive authorities and local 
self-government bodies in the field of protection 
of Ukraine's national interests. Thus, when issuing 
a decree, the President uses his own discretion, which 
is not unlimited (The Decision of the Plenum of the 
Supreme Administrative Court of Ukraine "On Legal 
Opinion on Discretion of the President of Ukraine 
in Issuing Decrees Implementing Decisions of the 
National Security and Defence Council of Ukraine", 
2017). Hence, the NSDC is a body whose competence 
covers the sphere of national security and defence, 
where this subsidiary body is vested with certain state 
coordination and control powers, which are limited  
to strategic planning and programme development, 
as well as submission of relevant proposals to the  
President of Ukraine.

The efficacy of the NSDC secretariat as a state  
body that furnishes information, analytical and 

organisational support is contingent upon the  
existence of a defined list of powers assigned to it. 
For instance, it is entitled to receive the information, 
documents and materials necessary for the  
performance of its functional tasks from the 
executive authorities and local self-government 
bodies, enterprises, institutions and organisations in  
accordance with the established procedure; to use the 
information databases of the executive authorities in 
accordance with the established procedure; to act as 
a customer for scientific research in the field of national 
security and defence, and so forth. The structure 
of the NSDC Secretariat consists of: Secretary of 
the NSDC, First Deputy Secretaries of the NSDC,  
Deputy Secretaries of the NSDC, Chief of Staff of 
the NSDC, Deputy Chiefs of Staff of the NSDC, 
Organizational Work and Control Service, Legal  
Service, and Development and Information Technology 
Service. The NSDC Secretariat is responsible for 
analysing the state of national security in terms of 
material, financial, personnel, and organisational aspects. 
Additionally, it develops proposals for improving the 
system of national security and defence organisation, 
formation, reorganisation, and liquidation of  
executive bodies in this area (The Decree of the 
President of Ukraine "Issues of the Staff of the National 
Security and Defence Council of Ukraine", 2005).

The specificity of the NSDC's activities during  
martial law is mediated by the tasks provided for by law 
for this body, namely 1) submitting a proposal to the 
President of Ukraine on the introduction of the legal 
regime of martial law (Article 5 of the Law of Ukraine 
"On the Legal Regime of Martial Law" (2015));  
2) submission of a proposal to involve the Armed 
Forces of Ukraine, other military formations and 
law enforcement agencies in the implementation 
of measures of the legal regime of martial law  
(Article 11(1) of the Law of Ukraine "On the Legal 
Regime of Martial Law"); 3) coordination and 
control over the activities of the executive authorities 
in the defence sector within the powers defined by  
legislation (Article 7 of the the Law of Ukraine "On 
Defence of Ukraine"). Examples of NSDC decisions 
adopted during the legal regime of martial law  
include the NSDC decisions "On Approval of the 
Regulation on the State Register of Sanctions" (2024) 
and "On the State of Food Security" (2023).

In conclusion, it can be stated that the NSDC is 
a unique entity with specific powers in the field of 
security and defence. This subsidiary body is endowed 
with certain public powers of coordination and 
control, which are limited to strategic planning and 
programme development, as well as the submission 
of relevant proposals to the President of Ukraine.  
The following status characteristics of the National 
Security and Defence Council of Ukraine can be 
distinguished: 1) a coordinating body under the 



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President of Ukraine; 2) a body whose competence 
includes the national security and defence sector;  
3) a body whose information, analytical and 
organisational support is provided by the NSDCU 
Secretariat, which is a legal entity. The authors  
highlight that the particulars of the National Security 
and Defenсe Council of Ukraine's activities during  
the period of martial law are shaped by the challenges 
that this entity is confronted with.

4. Military Administrations  
as the Main Regulators of the Municipal Level

In accordance with the requirements of Article 4(1) 
of the Law of Ukraine "On the Legal Regime of 
Martial Law": "In the territories where martial law has 
been introduced, temporary state bodies – military 
administrations – may be established to ensure the 
operation of the Constitution and laws of Ukraine, 
to ensure, together with the military command, the 
introduction and implementation of measures of the 
legal regime of martial law, defence, civil protection, 
public safety and order, protection of critical 
infrastructure, protection of the rights, freedoms 
and legitimate interests of citizens" (The Law of 
Ukraine "On the Legal Regime of Martial Law", 
2015). Consequently, military administrations are  
responsible for performing a range of public  
functions, including those of an executive and 
administrative nature. These are carried out through 
the utilisation of the relevant powers to implement 
measures of the martial law regime and to perform the 
functions of local self-government bodies and local 
state administrations on the ground. The multifaceted 
scope of military administrations is exemplified 
by Melnyk S. M. (2022: 102), who characterises 
it as the multidimensionality of the subject matter 
of jurisdiction. In essence, the overarching subject  
of military administration is the provision of 
organisational and managerial assistance for the 
implementation of the legal framework of martial law 
within the state. Roy O. V. provides further evidence 
to support the argument that military administrations 
can be attributed to subjects of power. This is achieved 
by defining them as a special temporary state body 
that performs public administrative functions. These 
include the exercise of delegated powers and/or 
powers of local self-government bodies. This is done 
on the basis, within the powers and in the manner 
provided for by the Constitution, laws of Ukraine 
and international treaties ratified by Ukraine. This is 
for the practical fulfilment of the tasks and functions 
of the State within the defined administrative area.  
With regard to the correlation between the status 
of "subject of public administration" and the status 
of "subject of authority", it can be assumed that the  
former is relevant for the purposes of administrative 

proceedings, and the latter – for the purposes of 
administrative regulation. Conversely, the legitimacy 
of the activities of public administration entities is 
guaranteed by the option of appealing their inaction, 
actions and decisions to an administrative court. 
Consequently, a single entity may simultaneously  
possess the characteristics of both a public 
administration entity and an authority. Therefore, 
military administrations can be considered both 
subjects of public administration and subjects of power.

It is crucial to acknowledge that military 
administrations are endowed with a distinctive 
legal status that is not shared by any other public 
administration entity. The definition of the status of 
military administrations set out in statute enables the 
following special features to be identified:

1) Formation only during the legal regime of  
martial law and only in the territories where the legal 
regime of martial law has been introduced. In other 
words, their territorial competence will depend on the 
territorial spread of martial law (which may cover the 
entire territory of Ukraine or certain administrative-
territorial units).

2) Temporary status, which means the possibility 
of functioning within a clearly defined time period. 
This characteristic stems from the fact that the legal 
regime of martial law, regardless of the grounds  
for its introduction, is of a fixed-term nature, and, 
accordingly, the functioning of military administrations 
is also of a fixed-term nature. However, their activities  
do not cease immediately after the cancellation of 
martial law, but continue for 30 days thereafter.

3) Performance of certain functions to introduce 
and ensure the legal regime of martial law, defence, 
civil protection, public security and order, protection 
of critical infrastructure, protection of rights,  
freedoms and legitimate interests of citizens.

The aforementioned military administrations, in 
their capacity as bodies performing the functions of 
local self-government (as defined in the Law of Ukraine  
"On Local Self-Government in Ukraine", 1997)  
and the functions of local state administrations 
(as defined in the Law of Ukraine "On Local 
State Administrations", 1999), are endowed with 
a number of powers in the field of economic security.  
To illustrate, with regard to the provision of balanced 
economic and social development of the pertinent 
territory, the effective utilisation of financial resources, 
the submission of proposals to socio-economic 
development programmes, the establishment of the 
order of use of funds and other property collectively 
owned by hromadas (territorial communities), 
the development of proposals for the financial and  
economic substantiation of the volumes of products 
to be sold for state needs at the expense of the state  
budget; on the proposal of local self-government  
bodies, the formation of the volume of products  



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supplied for local needs at the expense of local self-
government budgets and other sources of financing,  
and so forth.

The present discourse will focus on the application 
of measures pertaining to the legal regime of martial 
law. This is due to the fact that the application 
of such measures is associated with a number of 
different activities, including control and supervisory 
activities, as well as executive and administrative ones.  
The Law of Ukraine “On the Legal Regime of Martial 
Law” (2015) includes the following measures: 
establishment (strengthening) of protection of 
critical infrastructure and facilities ensuring the vital  
activity of the population and introduction of  
a special regime of their operation; introduction  
of labor duty for able-bodied persons not involved 
in defense and critical infrastructure protection and  
not reserved for enterprises, institutions and 
organizations for the period of martial law to perform 
defense-related work.

In other words, these powers are of an exceptional 
nature, which mediates the special legal status of military 
administrations.

In regard to the establishment of military 
administrations, the President of Ukraine is only 
empowered to do so in the event that there are factual 
grounds provided for in the relevant legislation.  
In accordance with the administrative-territorial unit 
in which military administrations are established, 
the Law of Ukraine "On the Legal Regime of Martial 
Law" (2015) delineates the following categories of 
military administrations: a) military administrations of 
settlements (established in one or more settlements). 
Among them, the Kyiv City Military Administration 
stands out, since the city of Kyiv has a) a special 
status of the capital of Ukraine; b) district military 
administrations (formed in districts (raions));  
c) regional military administrations (formed in regions 
(oblasts)).  

The classification of military administrations into 
types is important for determining the specifics 
of their establishment and functioning. Military-
community administrations are established within the 
territories of hromadas where local self-government 
bodies do not exercise their powers. The basis for the 
establishment of such administrations is the fact that 
local self-government bodies have failed to fulfil their 
powers, although the legislation does not establish 
a clear procedure for confirming this fact. In turn, 
district and regional military administrations can be 
established if the respective councils fail to fulfil their 
powers or fail to provide leadership in the field of 
defence, public security and law enforcement. Once 
the decision to establish them is made, the relevant 
district and regional state administrations acquire 
additional powers necessary to implement martial law.  
A similar procedure applies to the establishment of 

the Kyiv City Military Administration. For example, 
Kyiv city, district and regional military administrations 
are created on the basis of the respective state 
administrations, while military administrations of 
settlements can be created in two ways: on the basis of 
the respective civil-military administrations or as new 
state bodies.

For a clear understanding of the status characteristics 
of military administrations, it would be advisable 
to enshrine their status in the Law of Ukraine  
"On Defence of Ukraine" (1991), namely in Section II 
"Powers of state authorities, main functions and tasks  
of military administration, local state administrations, 
local self-government bodies, enterprises, institutions 
and organisations, duties of officials, rights and 
obligations of citizens of Ukraine in the field of  
defence". Thus, this part of the analysed law details the 
legal status of the following entities: The Verkhovna 
Rada of Ukraine, the President of Ukraine, the  
National Security Council of Ukraine, the Supreme 
Commander-in-Chief 's Headquarters, the Cabinet 
of Ministers of Ukraine, the Ministry of Defence of  
Ukraine, the General Staff of the Armed Forces of  
Ukraine, the State Special Transport Service, the State 
Service for Special Communications and Information 
Protection of Ukraine, local state administrations, 
etc. It can be reasonably inferred that the military 
administration is not an executive body, a local 
self-government body, or a law enforcement body.  
In consequence, its status remains uncodified.  
It is this authors' contention that the Law of Ukraine 
"On Defence of Ukraine" would be enhanced by the 
addition of Article 151, entitled "Activities of Military 
Administrations", which would be composed of 
the following content: "1. Military administrations 
in the field of defence of the state ensure, together 
with the military command, the introduction and 
implementation of measures of the legal regime of 
martial law, defence, civil protection, public security  
and order, protection of critical infrastructure, 
protection of rights, freedoms and legitimate interests 
of citizens; temporary state bodies may be established. 
2. Military administrations may perform the functions 
of local self-government bodies and the functions 
of local state administrations in the field of defence  
of the state. 3. The activities of military administrations 
and their management are carried out in accordance 
with the legislation."

5. Conclusions
To summarise, the position of the President of 

Ukraine under martial law is characterised by the 
following: 1) the President of Ukraine is endowed 
with a wide range of powers that can be applied during 
martial law; 2) all powers that the Head of State can 
exercise during a special period are defined by the 



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Constitution of Ukraine and detailed in the legislation 
on national security, defence and regulation of public 
relations during martial law; 3) the activities of the 
President of Ukraine both in peacetime and under 
martial law should be functionally aimed at ensuring  
the unity of state power and state policy, the integrity 
of the state mechanism; 4) powers that do not depend 
on the presence or absence of martial law can be 
distinguished from those granted to the President 
of Ukraine during martial law; 5) during the period 
of martial law, the President of Ukraine exercises  
his powers as a subject of democratic civilian control 
and Supreme Commander-in-Chief of the Armed 
Forces of Ukraine.

The relationship between the status of "public 
administration entity" and the status of "subject of 

authority" can be defined as follows: the former is  
relevant for the purposes of administrative proceedings, 
while the latter is relevant for the purposes of 
administrative regulation. Conversely, the legitimacy 
of the activities of public administration entities is 
guaranteed by the option of appealing their inaction, 
actions and decisions to an administrative court.  
In consequence, a single entity may be invested  
with both the status of a public administration  
entity and that of an authority. It can be seen, therefore, 
that military administrations are both subjects  
of public administration and subjects of power.  
The authors put forth a proposal for amendments  
to the extant legislation, with the objective of 
effecting a more streamlined legal status for military 
administrations.

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Received on: 17th of September, 2024
Accepted on: 21th of November, 2024
Published on: 17th of December, 2024