STATE PROTECTION OF OFFICIALS IN UKRAINE UNDER MARTIAL LAW
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 63)Publication Date: 2023-05-31
Authors : Skrynkovskyy Ruslan; Koziar Roman; Petkov Sergey; Khytra Oleksandra; Komisarov Oleksandr;
Page : 109-119
Keywords : state officials; President of Ukraine; security of officials; legal regime of martial law; armed aggression; Russia’s war against Ukraine; terrorism; international crimes;
Abstract
It is known that on the first day of the full-scale Russian-Ukrainian war, February 24, 2022, in accordance with the Constitution of Ukraine and the Law of Ukraine «On the Legal Regime of Martial Law», in wartime conditions, the Decree of the President of Ukraine dated February 24, 2022 No. 64/2022 introduced martial law in Ukraine. This decision was adopted in order to ensure the defense of Ukraine, protect the safety of the population and the interests of the state in connection with the armed aggression of the Russian Federation against Ukraine and based on the proposal of the National Security and Defense Council of Ukraine. The Russian Federation is a terrorist state and a state sponsor of terrorism, which (together with terrorist organizations, organized criminal groups and the russian orthodox church) during a full-scale war against Ukraine and in Ukraine uses prohibited means and methods of conducting military operations, commits terrorism, military crimes, other international crimes, commits mass murders, violates the laws and customs of war, etc. The basic scenario of the russian attack on Ukraine on February 24, 2022, included the task of destroying the leadership of the state (killing the President of Ukraine, members of the Cabinet of Ministers of Ukraine, the Office of the President of Ukraine and other state officials) and preparing the city of Kyiv for the control of the russian authorities. In view of the above, the purpose of the article is to formulate scientifically based proposals regarding the state protection of state officials in the context of ensuring the normal functioning of the state authorities of Ukraine and the safety of officials in the conditions of martial law, in connection with the armed aggression of the Russian Federation against Ukraine. According to the results of the study, it was found that according to the legislation of Ukraine, in wartime conditions, the Council of National Security and Defense of Ukraine, headed by the President of Ukraine, within the limits of its competence and functions, acquired the right to control the activities of executive authorities in the field of national security and defense in conditions of martial law. At the same time, one of the main tasks of the Office of State Security of Ukraine, according to the Law of Ukraine «On State Protection of State Authorities of Ukraine and Officials», is to ensure the safety of the President of Ukraine, other state officials and members of their families under martial law. The conclusion was formulated that under such circumstances and in wartime conditions, in order to ensure the normal functioning of the state authorities of Ukraine and the safety of officials, the level of ensuring the safety of state officials in the conditions of martial law should be adequate. In this regard, it is necessary to Art. 6 «Ensuring the safety of officials» of the Law of Ukraine «On State Protection of State Authorities of Ukraine and Officials» to add a new part with the following content: «In conditions of martial law, the safety of the Head of the Office of the President of Ukraine, members of the National Security Council and defense of Ukraine. After the suspension or abolition of martial law, the said officials are provided with state protection for six months, except in cases where a conviction against them becomes legally binding».
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