Implementation of the Right to Information under Martial Law: Administrative and Legal Aspect

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Authors: Ihor Kovbas, Tetyana Drutsul
Cited by: 1
References: 9

Abstract

The article provides a comprehensive analysis of the implementation of the right to information under martial law from an administrative and legal perspective, considering the procedural standards for its support. The study examines the evolution of scientific approaches to balancing the citizens' right to access information with the state's national security needs, particularly in the context of the legal regime of martial law. It is substantiated that the introduction of martial law leads to a transformation of administrative and legal regulation regarding access to public information, strengthens the role of state bodies in regulating information relations, and requires a clear differentiation between restricted information and open data. Particular attention is paid to the analysis of administrative control mechanisms and procedural support for the realization of the right to information, including the procedure for submitting information requests, timeframes for their consideration, and methods for appealing decisions of public authorities. The study identifies the main problems of law enforcement practice, including the inconsistency of approaches to restricting access to information, insufficient regulatory clarity regarding the criteria for the permissibility of such restrictions, and the risks of violating the principles of transparency and accountability. The expediency of adapting the general principles of administrative procedure to martial law conditions is justified as a means of ensuring the proportionality of restrictions, legal certainty, and effective protection of citizens' rights. It is concluded that the further development of administrative and legal regulation of the right to information under martial law requires the harmonization of regulatory approaches, improvement of control procedures, and the formation of a balanced law enforcement practice capable of ensuring the combination of the state's public interests and the constitutional rights of citizens.

Fields of Study & Subjects

War Law and Justice Legal and Policy Issues COVID-19 Digital Contact Tracing

Publication details

Journal / source
Academic Visions
Publisher
Lviv University of Business and Law
Issue
53
Publication date
30 March 2026
Language
UK