LEGAL PRINCIPLES OF EXECUTION OF AUTHORITIES BY REPRESENTATIVES OF LOCAL GOVERNMENT BODIES UNDER THE CONDITIONS OF THE STATE OF MARTIAL

The article examines the normative legal acts that regulate the exercise of powers by deputies of local councils, village (village) and city heads and their deputies, secretaries of the respective councils, and other officials of local self-government in the conditions of the legal regime of martial law in the temporarily occupied territories of our state. An analysis of the doctrinal positions regarding the peculiarities of the activities of local self-government bodies and the exercise of their powers in the period before and after the beginning of the war was carried out. It was determined to be appropriate to study the presence or absence of legal grounds for refusing to exercise their powers and avoiding committing treason and collaborationism by representatives of local self-government bodies in temporarily occupied territories. As a result of the analysis of the laws of Ukraine «On local self-government in Ukraine» (Articles 78, 79), «On the legal regime of martial law» (Article 50), «On service in local self-government bodies» (Article 20) it was established that there is no the powers of deputies of local councils regarding self-dissolution and the possibility of self-removal by village, settlement, city heads, secretaries of relevant councils and other officials of local self-government from exercising their powers in temporarily occupied territories. Based on the analysis of the Criminal Code of Ukraine (Articles 111, 111–1), the legal consequences of the voluntary cooperation of current officials of local self-government bodies with representatives of the local government assigned to the occupying forces and directly with the troops of the aggressor, which are qualified as actions in support of the enemy, are determined: state betrayal and collaborative activity. It has been determined that it is possible to refrain from participating in the work of the local council and the activities of its working and executive bodies in the temporarily occupied territories, which is not considered treason or collaborative activity under current national legislation.