военное положение

Key Tasks and Activities of Military Justice in the Period of Martial Law in the Territory of Ukraine (1941–1942)

Given the current challenges and threats to national security, including armed conflicts near the borders of Ukraine, the study of the historical experience of the organization, regulation and activities of the military justice system with the onset of the special period of wartime became actual. Within the specified context study of these issues in a rather difficult period of transition from peacetime to wartime in Ukrainian territory on the beginning of the Great Patriotic War and the occupation of the territory of the USSR by troops of Nazi Germany (1941–1942) is noteworthy. At the same time, the specified experience can be useful during the reformation period the law enforcement system of Ukraine. Results. The article outlines the main objectives and directions of activity of the military justice system in a special period of martial law in the territory of Ukraine. Conclusion. Since the beginning of the war the military courts were entitled to consider not only the cases involving crimes of military, but also civilians and prisoners of war and foreigners. In legal documents, that somehow regulated the activities of military justice system, demands were made for conducting a ruthless struggle against disorganizers of the rear, deserters, panic-mongers, disseminators of rumors, the elimination of spies, saboteurs and enemy parachutists, neutralizing of dangerous individuals, the implementation of strict control of suspicious groups of citizens and maintenance of revolutionary order and discipline. In addition, almost all decision-making decrees required to use fast and balanced approach to the establishment of penalties for offenses, while strictly adhere to the provisions of existing laws and guidance documents.

The Person and Citizen Rights and Freedoms Restriction in the Conditions of the Martial Law in the Russian Federation

Introduction. Two modes of implementation of the government – ordinary (usual) and extraordinary are fixed in constitutions of the states (special legal, extraordinary). The basis for introduction of the extraordinary mode is internal or external threat to the constitutional system of the state, to existence of the state. The purpose of introduction of the extraordinary mode is restoration of the constitutional law and order. A necessary element of the extraordinary mode is establishment of restrictions of the rights and personal freedoms. The constitution of the Russian Federation provides 1993 two types of a particular legal regime – state of emergency and the martial law. Purpose. The purpose of article is the analysis of the constitutional and legislative norms regulating restriction of the rights of the peXrsonality in the conditions of the martial law, and research of specifics of restrictions of the rights and freedoms of the person and citizen entered into the period of action of the martial law. Results. The analysis of the constitutional legislation allows revealing specific signs of restrictions of the rights of the personality in the conditions of the martial law. These restrictions: are entered for ensuring defense of the country and safety of the state; are additional in relation to already operating restrictions (basic); are the simplest types of restrictions – restrictions ban; are temporary; operate only on a certain territory. Conclusion. The conclusion that the restrictions of the rights and freedoms of the person and the citizen applied in the conditions of the martial law allow to expand powers of government bodies is drawn and in this sense, they are one of the tools allowing to reflect aggression and to restore the constitutional law and order. The constitutional legislation rather in detail regulates possibility of application of restrictions of the rights and freedoms in the conditions of the martial law.