Трансформація системи поліцейських послуг в умовах воєнного стану: виклики для публічної безпеки та прав людини

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Authors: О. І. Наливайко
Cited by: 0

Abstract

The scientific article is devoted to a comprehensive administrative and legal analysis of the transformation of the system of police services in Ukraine under the conditions of martial law and to the identification of key challenges that this transformation poses for ensuring public security and the protection of human rights. The relevance of the study conditioned the prolonged functioning of the legal regime of martial law, which has objectively altered the content, forms, and priorities of the activities of the National Police of Ukraine, while also intensifying tensions between the imperatives of national security and the standards of the rule of law. The article substantiates the thesis that martial law acts as a system-forming factor that transforms police services from an element of a service-oriented model of public administration into a comprehensive security mechanism aimed at ensuring the stability of public order in the context of armed aggression. Based on an analysis of the provisions of the Constitution of Ukraine, the Law of Ukraine «On the National Police» (2015), the Law of Ukraine «On the Legal Regime of Martial Law» (2015), and subordinate normative legal acts, it is established that the current legal regulation of police activities during the wartime period is fragmented in nature and does not form a coherent normative model of police services under martial law. Particular attention is paid to the issue of the expansion of discretionary powers of the National Police and the lack of proper procedural specification of their exercise. It is demonstrated that this situation negatively affects the principle of legal certainty, complicates the exercise of judicial and public oversight over police activities, and creates heightened risks of disproportionate interference with the sphere of human rights and freedoms. In conclusion, it is argued that the effectiveness of police services under conditions of martial law should be assessed not only in terms of achieving public security objectives but also from the perspective of compliance with the principles of legality, proportionality, and minimally necessary interference with human rights. The provisions formulated in the article may be used for further scholarly research on wartime police services, as well as in the process of improving Ukrainian legislation in the field of public security.

Fields of Study & Subjects

Ukrainian Legal and Forensic Studies Administrative Law and Governance War Law and Justice

Publication details

Journal / source
The Scientific Issues of Ternopil Volodymyr Hnatiuk National Pedagogical University Series pedagogy
Publication date
26 February 2026
Language
UK