LOCAL SELF-GOVERNMENT UNDER MARTIAL LAW AND IN THE POST-WAR PERIOD

Abstract

The article examines specific features of the functioning of local government bodies under martial law and in the post-war period. An analysis is conducted of the impact of martial law on the functioning of local government institutions. The study explores the mechanisms of interaction between local government bodies, military-civil administrations, and central state authorities. The main challenges faced by territorial communities during war time are analyzed, and the legal regulation of functioning of local governing bodies during wartime and post-war recovery periods is assessed. Changes in the powers and competences of local government bodies and their adaptation to wartime conditions are explored, and international experience in the functioning of local authorities during crisis situations and post-war context is examined. In particular, the experience of Azerbaijan is considered focusing on the use of the institution of special presidential representatives instead of introducing martial law in de-occupied territories. Historical experiences such as the Reconstruction of the Southern United States with its division into military districts and the reunification of Germany are also considered. Based on the findings of the study, recommendations are developed to improve the effectiveness of the functioning of local government bodies during crisis conditions and post-war reconstruction period. An original classification of de-occupied territories into three distinct groups depending on duration of the occupation is proposed. For territories occupied after 2022, it is recommended to maintain martial law for at least one year and apply a hybrid governance model. For the territories of ORDLO and Crimea, the necessity of significantly stricter measures is substantiated, including the introduction of temporary administrations under exclusive military control and the establishment of the institution of Presidential Representatives of Ukraine to exercise oversight. The expediency of conducting a population census and introducing a moratorium on local and national elections in these territories is argued. Additionally, reform of the administrative structure through the liquidation of the administrative units of the Autonomous Republic of Crimea and the city of Sevastopol is proposed, followed by the establishment of a national Crimean Tatar autonomy on their basis