Law enforcement functions of the state under the conditions of the state of martial

Abstract

In order to clarify law enforcement functions, the article analyzes the provisions of the Constitution of Ukraine, Laws of Ukraine: «On National Security of Ukraine», «On the Legal Regime of Martial Law», «On the Defense of Ukraine», «On Military-Civil Administrations», Decree of the President of Ukraine. About the Comprehensive strategic plan for the reform of law enforcement agencies as part of the security and defense sector of Ukraine for 2023-2027 and scientific opinions, the category «law enforcement function of the state» was investigated. It was established that in the Ukrainian state there is a significant number of law enforcement agencies, as well as other state agencies, which, in addition to the performance of the main tasks, are entrusted with the performance of individual law enforcement functions. Attention is drawn to the fact that legislative acts in general do not provide a final idea of which bodies should be considered law enforcement. Attention is drawn to the fact that after February 24, 2022, Ukraine was subjected to full-scale military aggression by the Russian Federation, as a result of which a martial law regime was introduced in the country, which provides for a special legal regime and which limited the constitutional rights and freedoms of citizens, and the law enforcement functions of the state, its law enforcement officers bodies was significantly expanded in order to ensure national security, territorial integrity of the state. It was established that under the influence of an external factor, namely military aggression, the law enforcement internal function of the state underwent significant changes, which in turn affected the activities of all state bodies, including law enforcement agencies. The conclusions emphasize that the lack of a normative definition of the system of law enforcement bodies affects the implementation of law enforcement functions, inhibits the activity of law enforcement bodies, which in general negatively affects the law enforcement function of the state, and therefore the state needs to define the system of law enforcement bodies, which in general will have a positive effect on the implementation of law enforcement functions of the state. A theoretical definition of the concept of «law enforcement function of the state» is given.