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Municipal law under martial law: challenges and solutions

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 11.06.2024

Municipal law under martial law: challenges and solutions

 

Introduction

 

Martial law is an extraordinary legal regime introduced in the context of armed aggression or other threats to national security. In Ukraine, due to the aggression of the Russian Federation, martial law was introduced in certain regions and later throughout the country. This significantly affected the functioning of local governments and the implementation of municipal law. In this article, we will consider the main challenges faced by local authorities during martial law and possible solutions to ensure effective governance in such conditions.

 

Challenges for local government under martial law

 

Limitation of powers and rights:

  • Martial law provides for the restriction of certain constitutional rights and freedoms of citizens, which directly affects the functioning of local self-government. For example, the rights to freedom of assembly, movement, and access to information may be restricted.

 

The need for prompt decision-making:

  • In the face of increased threats, local authorities must act quickly and efficiently, which requires changes in decision-making procedures. This necessitates the adaptation of legislation and internal regulations.

 

Ensuring public order and safety:

  • Local governments should coordinate their actions with military and law enforcement agencies to maintain public order, organize evacuations and help the victims.

 

Financial difficulties:

  • Martial law can lead to significant financial losses for local budgets due to lower revenues, destruction of infrastructure, and increased spending on defense and social protection.

 

Problems of public utilities:

  • Damage or destruction of utility infrastructure creates additional challenges for providing the population with the necessary services.

 

Solutions to ensure the effective functioning of local government

 

Adaptation of legislation:

  • The legislation governing the activities of local governments should be amended to take into account the specifics of martial law. This includes simplifying decision-making procedures and increasing the powers of local authorities.

 

Reserve funds and financial support:

  • Establishing emergency reserve funds and securing financial support from the state will help local authorities respond more effectively to challenges.

 

Cooperation with military and law enforcement agencies:

  • Close coordination with the military and law enforcement agencies is a key factor in ensuring public order and security.

 

Restoration of infrastructure:

  • Prioritizing the restoration of critical infrastructure, such as water supply, electricity, and medical facilities, will help meet the basic needs of the population under martial law.

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Information security and communication with the public:

  • Ensuring effective communication with the public about the current situation and measures taken is important for maintaining public peace and
  • preventing panic.

 

Conclusion.

 

Martial law is a serious challenge for local governments that requires prompt and coordinated action.

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