COERCIVE MEDSURES IMPLEMENTED UNDER THE LEGAL FRAMEWORK OF A STATE OF EMERGENCY
Authors:   Dnipro State Medical University, Livenko Anatolii , Vyprytskyi Andrii 
Published: June 2024

The Ukrainian statehood is compelled to assert its right to self-defense in response to the unprovoked armed attack by the Russian Federation utilizing the territory of the Republic of Belarus. The aggressive military tactics employed by the aggressor nation necessitate Ukraine's comprehensive utilization of all available means of resistance [1, p. 153]. Since the onset of the full-scale invasion, the Ukrainian government and allied states have confronted significant challenges, addressed in part through the imposition of martial law nationwide. Warfare encompasses not only frontline combat but also countering the intelligence activities of hostile groups, fighting by collaborators, maintaining public safety and law and order, security and traffic regulation in the rear, preventing and detecting cyberattacks, organizing and carrying out the evacuation of the civilian population from danger, social support of displaced persons, etc. The second year of the war revealed certain problems, the resolution of which posed certain difficulties, thereby necessitating legislative changes, particularly in the areas of criminal, administrative, disciplinary, and civil liability, as well as the adoption and formal establishment of new compulsory legal enforcement procedures regarding the implementation of restrictive measures of the legal regime of martial law. Some of these provisions are completely new, provoked by the extreme conditions of martial law, therefore need in the shortest time a thorough scientific analysis and substantiation in order to predict further consequences and possible improvement, to obtain clear mechanisms of implementation and application in practice. Purpose. The aim of this work is to identify the characteristics and scope of administrative coercion during a state of emergency, and to formulate evidence-based suggestions for enhancing both the legislation and its practical application in this domain. Methodology. The research relies on a collection of scientific methods and techniques to achieve its objectives, driven by a systemic approach aimed at investigating problems through the integration of their social context and legal framework. The primary method employed is the general scientific dialectical method, facilitating the analysis of current legislation regarding the application of administrative coercion measures during a state of emergency. Additionally, specific methods of scientific inquiry are employed. For instance, the comparative legal method is utilized to explore issues such as the positioning of a state of emergency within the framework of emergency administrative and legal regimes, the responsibilities of various stakeholders in implementing emergency measures, and the normative foundations governing the use of coercion during a state of emergency. Furthermore, systemic and functional methods are employed to analyze the structure of entities responsible for implementing state of emergency measures. Practical implications. Today's reality is marked by significant changes in the life of the country, accompanied by a range of man-made disasters, natural and man-made emergencies, and socio-political phenomena including mass events and attempts to seize state power, which often lead to group violations of public order and mass riots. The progression of these events directly influences the day-to-day functions of state authorities and local self-government bodies, shaping their operational peculiarities and modes of interaction. Amidst these challenges, there arises an urgent need for the socialization of all spheres of public life to ensure reliable public order during emergencies of varying natures and scales, prompting the declaration of special states of emergency. The grounds and procedures for implementing states of emergency and martial law, along with the regulations governing these states, establish a specific framework for the functioning of executive and local self-government bodies. In addressing the consequences of such states, and working to eliminate their causes and conditions, these bodies undertake a series of administrative and legal measures. Foremost among these measures is administrative coercion, wielded exclusively by state authorities and local self-government bodies. Results. The exploration of theoretical and practical challenges related to the implementation of administrative coercion measures during a state of emergency represents a central and prioritized focus of contemporary scientific inquiry within the realm of state authorities and local self-government. This area of study demands a comprehensive integration of knowledge across various branches of legal regulation. It is noteworthy that following Ukraine's independence, discussions regarding the utilization of administrative coercion measures during states of emergency did not receive adequate attention within legal scholarship. Instead, most theoretical and practical developments centered around themes such as economic stability, the application of administrative responsibility, the maintenance of public order, and the organization of internal affairs activities under such conditions. Value/originality. The originality of the research was driven by the imperative to address several key objectives: establishing the position of the legal regime of a state of emergency within the framework of emergency administrative and legal regimes; systematizing the legal provisions governing the use of administrative coercion during a state of emergency; describing the structure of entities responsible for implementing administrative coercion measures during a state of emergency and elucidating the specifics of their authority during this period; classifying various types of administrative coercion applicable during a state of emergency and providing a comprehensive understanding of their essence; clarifying the nuances associated with implementing both primary and supplementary administrative coercion measures in the context of a state of emergency; proposing avenues for enhancing the legal framework governing the application of administrative coercion measures during a state of emergency. These objectives collectively contributed to the originality and significance of the research, addressing crucial aspects of administrative coercion within the unique context of a state of emergency.