PRINCIPLES AND GUARANTEES OF THE ACTIVITIES OF PUBLIC ADMINISTRATION ENTITIES UNDER MARTIAL LAW

Abstract

The article outlines the principles and guarantees governing the activities of public administration entities under martial law as a legal framework that enables action that is swift yet lawful and accountable. The core principles include: the rule of law under a regime of derogations (clear limits on temporary departures from human rights); legality and special competence (acting strictly within conferred powers); necessity, proportionality, and temporality of interventions (with “sunset” criteria and de-escalation triggers); accountability and controllability (internal and external oversight); good administration and procedural fairness to the extent possible (audi alteram partem, reasoned decisions); non-discrimination and respect for dignity; transparency and effective communication; unity of command and subsidiarity (coordination of civil and military administrations); risk-based and evidence-driven management; continuity of public services; digitalisation and cyber-resilience; protection of personal data and state secrets; as well as integrity and anti-corruption compliance.Guarantees are considered in three dimensions. Normative guarantees: constitutional foundations, the law on martial law and special acts, formalisation of derogations, and clear grounds and limits for restrictions.Institutional guarantees: delineation of powers among the Cabinet of Ministers, military/military-civil administrations, and local self-government; independent oversight by the Ombudsperson, parliamentary and financial audit, and internal compliance units. Procedural guarantees: standardised SOPs, business-continuity and disaster-recovery plans (BCP/DRP), e-document flow and audit trails, requirements for reasoned and registered acts, accessible complaint channels and judicial review (without automatically staying critically needed actions), mediation mechanisms, and whistleblower protection. The article also highlights social-legal guarantees for officials (occupational safety, MHPSS support, insurance). Proposed KPIs include timeliness and quality of service delivery, share of well-founded complaints, rate of execution of court decisions, cybersecurity incidents, and procurement transparency. It concludes that combining these principles and guarantees balances public security with human rights, strengthens trust in government, and creates preconditions for a swift return to ordinary legal order after martial law is lifted.