The genesis of the institute of special legal regimes in Ukrainian lands in the 19th-21st centuries

Abstract

This work is devoted to the study of the genesis of the institute of special legal regimes in Ukrainian lands during the 19th-21st centuries. The analysis covers the transformation of this institute from its origins in imperial times, through the period of the Ukrainian Revolution and the Soviet totalitarian system, to the current stage of its functioning in independent Ukraine, particularly in the context of full-scale armed aggression.

21st century has brought new types of threats that have required the adaptation of the institute of special legal regimes in Ukraine. In particular, the events of 2014 (the annexation of Crimea, the war in Donbas) and the full-scale invasion of 2022 demonstrated the need for a rapid and effective response to large-scale military threats from the state. At the same time, the introduction of a state of emergency during COVID-19 showed the need for a flexible system to respond to non-military threats that pose a significant threat to public health.

The study is based on the principles of objectivity and historicism. Through a combination of formal-logical analysis and the dialectical method, the dynamics of the development of legislation on special legal regimes are revealed, and the patterns of their evolution – from administrative restrictions of the 19th century to modern security standards – are identified.

The study concludes that, despite significant restrictions on rights and freedoms in wartime, the modern institute of special legal regimes in Ukraine is based on constitutional principles, clear legislative regulation and a commitment to international standards, which is a fundamental difference from previous historical periods. The study also identifies lessons from the past for the present, emphasising the importance of preserving democratic values and ensuring the rule of law even in the most difficult crisis situations.