The concept and features of special administrative and legal regimes as factors in the modification of the instrumental framework of public administration

It is indicated that the current stage of development of administrative law in Ukraine is characterized by the functioning of public administration in conditions of full-scale armed aggression and the operation of the legal regime of martial law, which entails a significant transformation of public administration mechanisms. Based on doctrinal and normative sources, the article defines the concept and outlines the features of special administrative and legal regimes as factors modifying the instrumental framework of public administration. It is emphasized that the relevance of the issue under consideration is heightened by the fact that, under conditions of martial law, there is a qualitative transformation in the nature of administrative and legal influence, manifested through the strengthening of the imperative method of legal regulation, the expansion of discretionary powers of public administration entities, and changes in the correlation between administrative acts, acts-actions, and administrative contracts. At the same time, in legal doctrine the problem of special administrative and legal regimes continues to be addressed predominantly through the prism of their normative consolidation or the enumeration of measures, without adequate analysis of their impact on the instrumental framework of public administration. It is substantiated that the features of such administrative and legal regimes include: a normatively defined character; the introduction of a special legal regime on the basis of conditions clearly specified by law; the temporary nature of the special legal regime; territorial determination of its operation; changes in the scope of powers of public authorities; the permissibility of temporary restrictions on human and civil rights and freedoms; and a special procedure for the introduction and termination of the regime. It is proven that a special legal regime is a temporary order of legal regulation established by the Constitution of Ukraine and a special law, introduced throughout the entire territory of Ukraine or in certain localities in the event of the emergence or threat of circumstances that pose a danger to fundamental public interests. Such a regime provides for the granting of additional powers to public authorities, as well as the permissibility of temporary restrictions on human and civil rights and freedoms, with the aim of eliminating such circumstances, ensuring security, and restoring the proper constitutional legal order.