REGARDING THE ISSUES OF LEGISLATIVE REGULATION OF THE EXERCISE OF THE POWERS OF THE VILLAGE, SETTLEMENT, AND CITY MAYOR IN THE EVENT OF THEIR EARLY TERMINATION DURING THE PERIOD OF THE LEGAL REGIME OF MARTIAL LAW IN UKRAINE

Oleg REZNIK

REZNIK O. (2023), REGARDING THE ISSUES OF LEGISLATIVE REGULATION OF THE EXERCISE OF THE POWERS OF THE VILLAGE, SETTLEMENT, AND CITY MAYOR IN THE EVENT OF THEIR EARLY TERMINATION DURING THE PERIOD OF THE LEGAL REGIME OF MARTIAL LAW IN UKRAINE, Scientific Bulletin of Dnipropetrovsk State University of Internal Affairs, № 1, 71-77

DOI: 10.31733/2078-3566-2023-1-71-77

 

ABSTRACT. The article is devoted to the study of the problems of legislative regulation of the exercise of the powers of the village, settlement, and city mayor in the event of their early termination during the period of the legal regime of martial law in Ukraine. It has been clarified in which cases the powers of the village, settlement, and city mayor can be considered terminated. Particular attention is paid to establishing the cases in which the powers of the village, township, and city mayor are prematurely terminated.

It is established that in accordance with the requirements of the current legislation on local self government in Ukraine, in the case of dismissal from the post of a village, township, city mayor in connection with the early termination of his powers or his death, as well as in the event of his inability to exercise his powers, the powers of the village, township, of the city mayor is carried out by the secretary of the corresponding village, settlement, city council.

The issue of booking conscripts for the period of mobilization and for wartime, including those who work in state authorities, other state authorities, and local self-government bodies, if it is necessary to ensure the functioning of these bodies, has been studied in more detail. It is proposed to add to the powers of the executive bodies of village, settlement, and city councils in the field of defense work the reservation of conscripts working in local self-government bodies, whose activities are necessary to ensure the functioning of these bodies, during the period of martial law by introducing an amendment to the Law of Ukraine «On Local Self-Government in Ukraine». Proposals have been made to add to the list of reasons for which servicemen may be dismissed from military service during martial law, which is enshrined in the Law of Ukraine «On Military Duty and Military Service».

Keywords: local government, chairman, secretary, powers, mobilization, reservation, conscripts.

    References:

  1. Pro mistseve samovriaduvannia v Ukraini [On Local Self-Government in Ukraine] : Zakon Ukrainy vid 21.05.1997 r. Vidomosti Verkhovnoi Rady Ukrainy. 1997. № 24, art. 170. [in Ukr.].
  2. Pro viiskovo-tsyvilni administratsii [On military-civilian administration] : Zakon Ukrainy vid 03.02.2015 r. Vidomosti Verkhovnoi Rady Ukrainy. 2015. № 13, art. 87. [in Ukr.].
  3. Pro pravovyi rezhym voiennoho stanu [On the Legal Regime of Martial Law] : Zakon Ukrainy vid 12.05.2015 r. Vidomosti Verkhovnoi Rady Ukrainy. 2015. № 28, art. 250. [in Ukr.].
  4. Pro utvorennia viiskovykh administratsii [On the formation of military administrations] : Ukaz Prezydenta Ukrainy vid 24.02.2022 r. № 68/2022. URL: https://zakon.rada.gov.ua/laws/show/68/2022. [in Ukr.].
  5. Pro mobilizatsiinu pidhotovku ta mobilizatsiiu [On mobilization training and mobilization] : Zakon Ukrainy vid 21.10.1993 r. Vidomosti Verkhovnoi Rady Ukrainy. 1993. № 44, art. 416. [in Ukr.].
  6. Deiaki pytannia realizatsii polozhen Zakonu Ukrainy «Pro mobilizatsiinu pidhotovku ta mobilizatsiiu» shchodo broniuvannia viiskovozoboviazanykh na period mobilizatsii ta na voiennyi chas [Some issues of implementation of the provisions of the Law of Ukraine «On Mobilization Training and Mobilization» regarding the reservation of conscripts for the period of mobilization and for wartime] : postanova Kabinetu Ministriv Ukrainy vid 27.01.2023 r. № 76. Yedynyi veb-portal orhaniv vykonavchoi vlady Ukrainy. URL: https://www.kmu.gov.ua/npas/deiaki-pytannia-realizatsii-polozhen-zakonu-ukrainy pro-mobilizatsiinu-pidhotovku-ta-mobilizatsiiu-t270123. [in Ukr.].
  7. Pro viiskovyi oboviazok i viiskovu sluzhbu [On Military Duty and Military Service] : Zakon Ukrainy vid 25.03.1992 r. Vidomosti Verkhovnoi Rady Ukrainy. 1992. № 27, art. 385. [in Ukr.].
Views: 25,241