ANALYSIS OF NORMATIVE LEGAL ACTS REGULATING OPERATIVE-SEARCH ACTIVITY UNDER MARTIAL LAW

Abstract

The article provides a comprehensive analysis of the normative legal acts of Ukraine regulating operative-search activity during the period of martial law. In the context of armed aggression against Ukraine, operative-search activity acquires particular importance as an instrument for ensuring national security, countering sabotage and intelligence threats, terrorist manifestations, and organized crime. The study examines the provisions of the Constitution of Ukraine, the Law “On the Legal Regime of Martial Law,” the Law “On Operative-Search Activity,” as well as a number of subordinate acts that define the legal foundations of law enforcement functioning under extraordinary conditions. Special attention is paid to the correlation between the state’s need to protect sovereignty and the rights and freedoms of citizens, which may be restricted during martial law. Key problems of law enforcement are identified, including gaps in legislation, conflicts between certain normative acts, risks of abuse of authority, and violations of human rights. The necessity of improving the legal regulation of operative-search activity is emphasized through harmonization of national legislation with international human rights standards and ensuring a balance between the interests of the state and the individual. The article outlines directions for further development of the regulatory framework, in particular the elaboration of additional guarantees of citizens’ legal protection, improvement of mechanisms for controlling law enforcement activities, and enhancement of the effectiveness of operative-search measures. The results of the study have practical significance for shaping a modern security model that meets the challenges of wartime and contributes to strengthening law and order in the state.