Комендантська година як захід правового режиму воєнного стану, який впливає на адміністративно-правовий статус громадян під час дії воєнного стану
Curfew as a Measure of the Legal Regime of Martial Law and its Impact on the Administrative and Legal Status of Citizens During Martial Law

Summary/Abstract: The relevance of the research topic is determined by the fact that since the beginning of the full-scale invasion of Ukraine by the armed forces of the Russian Federation, a curfew has been in effect in the country for more than three and a half years. However, to this day, there are no comprehensive academic studies of this measure under the legal regime of martial law, its genesis, the grounds for its introduction, and its implementation under present-day conditions—during a completely different type of war, given the modern development of science and technology, compared to the Second World War. An analysis has been carried out of the provisions of the Law of Ukraine No. 389-VIII "On the Legal Regime of Martial Law" (Law No. 389-VIII), which concern measures of the martial law regime, in particular the curfew, and which significantly affect the administrative and legal status of citizens during the period of martial law. The purpose of the article is to study such a measure as the curfew, its expediency and justification for introduction and implementation under martial law in the country, as well as its application under conditions of stabilization in the combat zone. The study employs both special and general scientific methods of legal research, including historical, dialectical, systemic analysis, formal-logical, and dogmatic methods. The study examines the grounds and conditions under which a curfew is introduced during martial law, as well as the consequences of its application for the exercise of citizens’ rights and freedoms. A substantiated position is expressed regarding the impossibility of holding a person administratively liable for violating the curfew. It is noted that the introduction of a curfew must have a legitimate aim, be justified and temporary, and that the curfew should be applied in cities and settlements located in the combat zone, in particular within a fifty-kilometer area from the line of military engagement and from the border with the Russian Federation

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