Issue: № 4/3, 2020
Doi: https://doi.org/10.37634/efp.2020.4(3).2
Introduction. The article is devoted to question of legal regulation of activities for repulse to armed aggression against Ukraine. In general the study was carried out through the prism of the armed aggression of Russian Federation, which began on February 20, 2014 in Ukraine and continues to this day. The study of the raised question was based on the Constitution of Ukraine, the Law of Ukraine "On Defense of Ukraine" and other regulations that determine the grounds, the procedure for repel the armed aggression, and which concern the competence of the authorized subjects in the specified sphere. The position on the presence of a number of shortcomings in the legislation that regulates question of repel the armed aggression against Ukraine is expressed. The purpose of the paper is to study the evolution of Ukrainian legislation, which served as a tool to repel the armed aggression of the Russian Federation, to carry out the analysis of key regulations that regulate the repulse the armed aggression against Ukraine, and based on the analysis to identify the main shortcomings of this legal regulation, which, in turn, may negatively affect the effective repulse the armed aggression against Ukraine. Results. It is determined that at the initial step of the armed aggression of the Russian Federation the President of Ukraine did not take all the necessary actions, which arised from his duties, and, in particular, related to its effective repulse. The main reasons that served such inaction are identified. The main shortcomings of the legal regulation of the fight against armed aggression are singled out, concerning the procedure for the President to make decision on mobilization, imposition of martial law, use of the Armed Forces of Ukraine, other military formations, declaration of war, and approval by the Verkhovna Rada. Conclusion. The position is expressed on the need to improve the legal mechanisms for making decisions on general or partial mobilization, the imposition of martial law in Ukraine or its localities, the use of the Armed Forces of Ukraine, other military formations formed according to laws of Ukraine, and on declaration of war in case of armed aggression against Ukraine or the threat of attack on Ukraine, including the establishment of a special (abbreviated) procedure for the removal of the President of Ukraine from office, in case of his inaction to repel troops aggression, as well as the establishment of criminal liability for these actions.
Keywords : repression of armed aggression, annexation of Crimea, occupation of Ukrainian territories, martial law
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