ПРАВОВІ АСПЕКТИ ЗАКОНОДАВЧОГО ВРЕГУЛЮВАННЯ МОБІЛІЗАЦІЙНИХ ЗАХОДІВ ПРАВОВОГО РЕЖИМУ ВОЄННОГО СТАНУ ЯК ОСНОВИ НАЦІОНАЛЬНОГО СПРОТИВУ, ОБОРОНИ ТА ЗАХИСТУ ТЕРИТОРІАЛЬНОЇ ЦІЛІСНОСТІ УКРАЇНИ
Authors: Koval Andriy ,   Львівський національний університет імені Івана Франка
Published: July 2024

In this article, the author analyzes the Ukrainian legislation based on the requirements of Articles 17 and 65 of the Constitution of Ukraine and reveals the peculiarities of Ukrainian legislation which allows (sometimes even obliges) Ukrainian citizens to defend the Motherland even without having acquired the status of a military servant. The peculiarities of the participation of different persons in different legal statuses allow Ukraine to achieve positive results in military operations against the aggressor state. The author investigates the mobilization movements and ways of forming a new generation of nationally conscious citizens of Ukraine in independent Ukraine who are ready to fight for their right to self-determination and self-government against the enemy. The new generation of mobilized Ukrainians is proving to the enemy their right to govern their own nation-state at a heavy price in the interests of the life of the entire Ukrainian people. Various forms of involvement of individuals and legal entities will allow Ukraine to establish itself financially, armed and politically in the family of the best democratic European and world states. The article clarifies various aspects of legislative regulation and implementation of mobilization measures by authorized state bodies (officials) during the legal regime of martial law in Ukraine. In the author's opinion, it was the proper prompt and high-quality organization of such mobilization activities that helped the entire Ukrainian people organize national resistance, real defense and protection of the territorial integrity of Ukraine and will help ensure the peaceful life of Ukraine and Europe in the future. Therefore, since the declaration of Ukraine's independence, Ukrainian legislation has obliged Ukrainian citizens to fulfill their constitutional duty to defend their homeland. Ukraine, by adopting the Law of Ukraine "On National Resistance", confirmed that national resistance to any military aggressor is a matter for the entire nation, not just the Armed Forces of Ukraine and other state paramilitary formations. Public volunteer paramilitary formations of territorial communities, the resistance movement and other forms of participation of Ukrainian citizens in the defense of the homeland allow those who are not mobilized (not called up for military service in the Armed Forces) to participate directly in the territorial national defense and defense of Ukraine. The author focuses special attention in the article on the analysis of legislatively established terms: "volunteer", "volunteer of the Territorial Defense Forces of the Armed Forces of Ukraine", "volunteer formation of a territorial community", "mobilization", " national resistance", "armed aggression", "defense of Ukraine", "territorial defense of Ukraine", "legal regime of martial law" and others. Keywords: volunteer, mobilization, national resistance, armed aggression, defense of Ukraine, territorial defense of Ukraine, legal regime of martial law, etc.