OPTIMIZATION OF PUBLIC AUTHORITIES FUNCTIONING DURING MARTIAL LAW: CHALLENGES AND SOLUTIONS

Abstract

This article focuses on identifying and analyzing the main challenges faced by Ukraine’s public institutions under martial law, particularly addressing the balance between temporary concentration of power and state centralization versus preserving democratic principles. Following Russia’s full-scale aggression, Ukraine has significantly strengthened its power vertical to ensure effective governance, safeguard sovereignty, and maintain public order. The state’s operation under martial law involves restricting certain democratic rights and freedoms, a necessary security measure to protect the nation and its citizens. At the same time, Ukrainians, upholding democracy as a foundational value and as part of their European identity, are critically wary of a possible regression to autocratic governance, thus maintaining close oversight over public institutions even amidst war. Drawing on S. Neskorodiev’s «reverse transition» concept, the author justifies the objective necessity of a temporary shift toward autocracy under martial law as a compelled political- legal solution that allows state mechanisms and society to adapt to the existential challenges posed by war. The article explores the need to balance effective governance with adherence to democratic norms during martial law, highlighting the main challenges for public institutions and suggesting a range of strategic solutions. Special attention is given to information security, which is critically important in the context of hybrid warfare. Ensuring effective communication between government and citizens, and countering disinformation, are seen as essential for sustaining trust in public institutions. The role of legislative reform, enabling quick adaptation of laws to wartime demands while ensuring transparency and expert consultation to minimize poor decision-making risks, is also discussed. Emphasis is placed on preserving citizens’ rights and freedoms, even under an emergency regime, as a crucial element of democratic society that sustains public trust and the legitimacy of government actions. Strategic decisions should guarantee the preservation of democratic institutions, as democratic values are central to Ukraine’s national identity. A key factor in supporting the national idea and rebuilding post-war Ukraine as a sovereign, democratic state capable of effectively responding to challenges and recovering after the crisis.