LEGAL BASIS FOR MOBILIZATION OF THE POPULATION OF UKRAINE IN THE CONTEXT OF ARMED AGGRESSION: THEORETICAL AND APPLIED ASPECTS OF THE DEVELOPMENT OF DOMESTIC LEGISLATION

Abstract

The article examines the legal foundations of population mobilization in Ukraine under the conditions of armed aggression by the Russian Federation and the prolonged application of martial law, focusing on the development of domestic legislation. Mobilization is substantiated as a complex public-law institution combining the constitutional duty to defend the state, mechanisms of public administration, and a special legal regime that allows temporary restrictions of certain rights and freedoms, provided that the principles of legality, proportionality, legal certainty, and the rule of law are respected.
The study analyzes mobilization as an element of the national security and defense system. Particular attention is paid to the normative framework governing mobilization in Ukraine, including the Constitution of Ukraine, the laws on mobilization preparation and mobilization, military duty and military service, the legal regime of martial law, and subordinate regulations defining call-up procedures and the functioning of territorial recruitment and social support centers. The institutional dimension is examined through the distribution of powers among public authorities and the need for coordinated administrative action during a special period.
Key challenges of law enforcement practice are identified, including issues related to administrative procedures, deferment criteria, reasoning of individual decisions, protection of conscripts’ rights, and the effectiveness of judicial review under martial law. It is argued that procedural inconsistencies may undermine legal certainty and public trust in mobilization mechanisms.
The article substantiates priority directions for the further development of domestic legislation, including standardization of procedures, clarification of institutional competence, strengthening of procedural guarantees, and enhancement of parliamentary and judicial oversight. Sustainable mobilization policy requires not only organizational efficiency but also a coherent and predictable legal framework aligned with democratic principles during armed conflict.