Научная статья на тему 'INTERACTION BETWEEN LOCAL GOVERNMENTS AND THE POLICE IN ENSURING THE VITAL FUNCTIONS OF THE REGION AND CREATING A SECURE ENVIRONMENT UNDER MARTIAL LAW: LEGAL AND ECONOMIC ASPECTS'

INTERACTION BETWEEN LOCAL GOVERNMENTS AND THE POLICE IN ENSURING THE VITAL FUNCTIONS OF THE REGION AND CREATING A SECURE ENVIRONMENT UNDER MARTIAL LAW: LEGAL AND ECONOMIC ASPECTS Текст научной статьи по специальности «СМИ (медиа) и массовые коммуникации»

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martial law / security environment / local self-government bodies / police / legal and economic principles of interaction / areas and forms of interaction / areas for improvement

Аннотация научной статьи по СМИ (медиа) и массовым коммуникациям, автор научной работы — Andriy Basko, Oleksandra Nestertsova-Sobakar, Maxim Kaliman

The article applies a scientific and methodological approach to the analysis of the regulatory framework, forms of interaction between local self-government bodies and the police in the area of ensuring the vital functions of the region and creating a safe environment under martial law, as well as the state of their economic support, and as a result, suggested areas for their improvement. The purpose of the study is to clarify the legal, economic and organisational bases of interaction between local self-government bodies and the police in the area of ensuring the vital activity of the region and creating a safe environment under martial law. The methodological basis of the study is the dialectical method, the application of which allowed to comprehensively reveal the nature of forms and methods of interaction between local self-government bodies and the police. Results. The study has shown that the key areas for improving cooperation between local governments and the police in areas close to military operations are as follows: creation of voluntary public order units that, together with the police, can be used by citizens to protect public order in streets, parks, squares and adjacent areas in the evening; establishment of police cooperation with the security services of strategic enterprises (energy and life support facilities) to identify persons who control the aggressor's weapons and energy and life support facilities from among the employees of these enterprises; monitoring the state of lighting of road infrastructure facilities and contacting the relevant local authorities to install additional lighting at night; surveillance of public places and other objects of citizens' life that are not under the supervision of police video observation systems; involvement of additional law enforcement forces in patrolling public places (including officers and cadets of departmental institutions of the Ministry of Internal Affairs and other agencies) who have the appropriate skills and permits for such activities; development of an effective system of local financial distribution, taking into account the balance between ensuring the economic development of the region by creating appropriate conditions for business, sufficient social security, education and health care, and creating a system of defence capability and ensuring a safe environment for citizens.

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Текст научной работы на тему «INTERACTION BETWEEN LOCAL GOVERNMENTS AND THE POLICE IN ENSURING THE VITAL FUNCTIONS OF THE REGION AND CREATING A SECURE ENVIRONMENT UNDER MARTIAL LAW: LEGAL AND ECONOMIC ASPECTS»

, , Baltic Journal of Economic Studies Vol. 10 No. 1,2024---

DOI: https://doi.org/10.30525/2256-0742/2024-10-1-11-19

INTERACTION BETWEEN LOCAL GOVERNMENTS AND THE POLICE IN ENSURING THE VITAL FUNCTIONS OF THE REGION AND CREATING A SECURE ENVIRONMENT UNDER MARTIAL LAW: LEGAL AND ECONOMIC ASPECTS

Andriy Basko1, Oleksandra Nestertsova-Sobakar2, Maxim Kaliman3

Abstract. The article applies a scientific and methodological approach to the analysis of the regulatory framework, forms of interaction between local self-government bodies and the police in the area of ensuring the vital functions of the region and creating a safe environment under martial law, as well as the state of their economic support, and as a result, suggested areas for their improvement. The purpose of the study is to clarify the legal, economic and organisational bases of interaction between local self-government bodies and the police in the area of ensuring the vital activity of the region and creating a safe environment under martial law. The methodological basis of the study is the dialectical method, the application of which allowed to comprehensively reveal the nature of forms and methods of interaction between local self-government bodies and the police. Results. The study has shown that the key areas for improving cooperation between local governments and the police in areas close to military operations are as follows: creation of voluntary public order units that, together with the police, can be used by citizens to protect public order in streets, parks, squares and adjacent areas in the evening; establishment of police cooperation with the security services of strategic enterprises (energy and life support facilities) to identify persons who control the aggressor's weapons and energy and life support facilities from among the employees of these enterprises; monitoring the state of lighting of road infrastructure facilities and contacting the relevant local authorities to install additional lighting at night; surveillance of public places and other objects of citizens' life that are not under the supervision of police video observation systems; involvement of additional law enforcement forces in patrolling public places (including officers and cadets of departmental institutions of the Ministry of Internal Affairs and other agencies) who have the appropriate skills and permits for such activities; development of an effective system of local financial distribution, taking into account the balance between ensuring the economic development of the region by creating appropriate conditions for business, sufficient social security, education and health care, and creating a system of defence capability and ensuring a safe environment for citizens.

Keywords: martial law, security environment, local self-government bodies, police, legal and economic principles of interaction, areas and forms of interaction, areas for improvement.

JEL Classification: R11, K23, O47

1. Introduction

February 24, 2022 is a tragic date in the history of Ukraine, as Russia's full-scale military invasion of Ukraine has significantly changed the normal functioning of Ukrainian society and necessitated the restructuring of all social relations and the state

1 Zaporizhzhia National University, Ukraine (corresponding author) E-mail: 777_av@ukr.net

ORCID: https://orcid.org/0009-0007-9858-257X

2 Dnipropetrovsk State University of Internal Affairs, Ukraine E-mail: nestercova@ukr.net

ORCID: https://orcid.org/0000-0003-0712-4076

3 Dnipropetrovsk State University of Internal Affairs, Ukraine E-mail: kalimanmaksim@gmail.com

ORCID: https://orcid.org/0000-0002-1228-5539

economy in order to increase defence capabilities, the consolidation of state authorities and local governments (hereinafter - LGAs) in the field of ensuring the security of citizens under martial law, especially in areas close to the defence line. Creating the right conditions for a safe environment at the local level is

This is an Open Access article, distributed under the terms of the Creative Commons Attribution CC BY 4.0

impossible without systematic and effective interaction between local governments and law enforcement agencies in general and the National Police in particular. The effectiveness of such interaction directly depends on the quality of the regulatory framework that defines the forms, means, methods of interaction and guarantees of exercising the powers of each of the subjects of interaction, as well as on its proper organisation and, most importantly, on the economic feasibility of interaction and its final positive results.

In this regard, the issues of elaboration and development of effective forms of interaction between local self-government bodies and the National Police in the context of war remain relevant and require scientific generalisation, which is the purpose of the study in this paper.

The state of research on the topic of the article. In particular, the problems of certain issues of interaction between local self-government bodies and the National Police in Ukraine are investigated by the following scholars: O. M. Bandurka, O. I. Bezpalova, Y. V Kovbasyuk, G. I. Kovtun, T. Kolomoyets,

V Kolpakov, A. Komziuk, O. Kuzmenko, K. Levchenko, O. Mykolenko, R. Melnyk, O. Muzychuk, M. Loshytskyi,

V Sokurenko, I. Pastukh, I. Pakhomov, R. Shapoval, O. Yunin, and others. Modern problems of local self-government under military rule and forms of interaction with the police and other law enforcement agencies to create a safe environment were studied by Titko E. V., Sikorsky O., Anufriev M. I., Shevchenko V., Tarasenko T. M., Korniienko M. V., Volokitenko O. M., Barba V. E., and others. The problems of interaction between local self-government bodies and other public authorities and the public are also studied by the following foreign authors: Brezovnik B., Hoffman I., Kostrubiec Ja., Charrad M., Emese P., Kaspar M., Slavinskaite N., Kosikowski C., and others (Brezovnik, Hoffman, Kostrubiec, 2021; Charrad, 2011; Emese, 2018; Kaspar, 2006; Slavinskaite, 2018; Kosikowski, 2006).

At the same time, the issue of the effectiveness of cooperation between local governments and the police in ensuring the vital activity of the region and creating a safe environment under martial law is not sufficiently covered and requires a broader study.

Thus, in order to achieve the research objective of clarifying the legal framework, forms of interaction between local self-government bodies and the police in the field of ensuring the vital activity of the region and creating a safe environment under martial law and their economic support, the following research tasks are planned to be performed: to clarify the legal basis and forms of interaction between local self-government bodies and the police in the field of ensuring the vital activity of the region; to determine the peculiarities of interaction between local self-

government bodies and the police in the field of ensuring the vital activity of the region and creating a secure environment under martial law.

Materials and methods of the research. Based on the subject matter of the study, a comprehensive approach to the application of scientific research methods was chosen. The methodological basis of the study is the dialectical method, the application of which allowed to comprehensively reveal the nature of "interaction of public administration bodies" as an organisational form of ensuring the vital activity of the region and creating a safe environment under martial law, as well as to trace the genesis of this phenomenon. The technical method was used to determine the content of the forms of interaction between local self-government bodies and the police in the area of ensuring the vital activity of the region and creating a safe environment under martial law. The application of the technical method was the basis for identifying shortcomings in the national legal regulation and finding ways to overcome them.

2. Legal Framework for the Activities of Local Governments and Police in Ensuring the Security Environment of the REGION under Martial Law

The legal basis for the activities of local self-government bodies in the area of public safety of communities is provided by the provisions of the Constitution of Ukraine, the Laws of Ukraine "On Local Self-Government in Ukraine", "On the Participation of Citizens in the Protection of Public Order and the State Border", the Code of Administrative Offences of Ukraine, the Civil Protection Code of Ukraine and a number of other laws and bylaws, including local ones, adopted by local self-government bodies (Constitution of Ukraine, 1996; Law on Local Self-Government in Ukraine, 1997). At present, however, the legislative acts regulating the activities of local self-government bodies in this area contain a number of gaps and inaccuracies and are not sufficiently specified, which causes complications in law enforcement and negatively affects the state of public safety in municipalities. For example, Article 26 of the Law of Ukraine "On Local Self-Government Bodies" stipulates that the competence of village, town and city councils includes the approval of programmes for the socio-economic and cultural development of the respective administrative units, as well as targeted programmes on other local self-government issues, including issues related to ensuring the security of the community, although this is not explicitly stated. The Law of Ukraine "On the National Police" contains certain provisions on the interaction of local self-government bodies with the National Police,

in particular, according to Article 5 of this Law, "the police shall ensure that local self-government bodies are constantly informed about their activities in the field of protection and defence of human rights and freedoms, combating crime, ensuring public safety and order"; the need for such interaction is also explained in Article 11 of this Law, which states that "police activities are carried out in close cooperation and interaction with the population, local communities and public associations on the basis of partnership and are aimed at meeting their needs" (The Law of Ukraine "On the National Police", 2015). It should be noted that the Law on the National Police does not regulate the forms and methods of interaction between the police and other public authorities; certain forms of such interaction are defined, in particular, in Section VIII of the Law of Ukraine "On Public Control over Police Activities": Article 88 (1) of the Law stipulates that heads of territorial police bodies are obliged to hold open meetings with representatives of local self-government bodies at the level of regions, districts, cities and villages at least once every two months in order to establish effective interaction between the police and local self-government bodies and the public; Article 9 (2) of the Law states that "the leadership of the police is obliged to constantly inform state authorities and local self-government bodies, as well as the public about its activities in the field of protection and defence of human rights and freedoms, combating crime, ensuring public safety and order" (The Law of Ukraine "On the National Police", 2015).

According to Art. 2 of the Law of Ukraine "On the National Police", the direct and immediate tasks of the police are: to ensure public safety and order; to protect human rights and freedoms, as well as the interests of society and the state; to combat crime; to provide assistance to persons who, for personal, economic, social or emergency reasons, need such assistance within the limits established by law.

The peculiarities of the National Police's activities under martial law are determined by the current legislation, primarily the Law of Ukraine "On the Legal Regime of Martial Law" (The Law of Ukraine "On the Legal Regime of Martial Law", 2015). According to this law, the National Police assists the military authorities, courts, prosecutors and judicial authorities during the period of martial law; reports to the military administration on the legal situation in the respective territory, fights crime, protects public order and enforcement, as well as certain powers of the police during martial law were clarified and slightly expanded in compliance with constitutional norms by the relevant Law of Ukraine No. 7147 of 15 March 2022 "On Amendments to the Laws of Ukraine 'On the National Police' and 'On the

Disciplinary Statute of the National Police of Ukraine' to improve the activities of the police".

The same law also defined additional coercive measures that police officers may use during martial law, including the use of technical means such as unmanned aerial vehicles and special technical means to counter their use, as well as special software for the analytical processing of photographic and video information, including for the identification of persons and vehicle number plates.

3. Legal Basis of Cooperation between Local Self-Government and Police in the Field of Ensuring the Vital Activity of the Region

Many researchers have drawn attention to the need to improve the regulatory framework for interaction between local government bodies and the police. In particular, V. E. Fatkhutdinov believes that "the priority measures in this area are the development of regulations to improve cooperation with the population and local communities, the search for common effective forms and methods of work to ensure public safety and combat crime" (Fatkhutdinov,

2016). According to V. Barba, "the Law of Ukraine 'On the National Police' does not provide for the procedure of interaction between territorial bodies of the National Police and local self-government bodies in the field of public security and order" (Barba, 2018). It is worth agreeing with the author's opinion that "in order to effectively ensure the implementation of the mechanism of interaction between the National Police and executive authorities and local self-government bodies, it is necessary to develop and approve the Procedure for interaction between territorial bodies of the National Police and local self-government bodies in the field of public security and order" (Barba, 2018).

At the same time, one should agree with the opinion of A. Kryshchenko that "police interaction with local self-government bodies should be based solely on the provisions of the law", which once again confirms the position that the current Law of Ukraine "On the National Police" contains only declarative norms regarding interaction with other public authorities and, in particular, local self-government bodies (Kryshchenko, 2017).

In his work, Batrachenko O.V. understands police interaction with other authorities or local self-government bodies as "a type of legal relationship that police authorities of different levels enter into with other entities in order to increase the efficiency of the national police in ensuring public safety and order by organising and planning joint activities in this area, combining information, technical, human and other resources for their joint use" (Batrachenko,

2017). T. Pluhatar and S. Lelet note that "the main

purpose of interaction between the police and local self-government bodies, in addition to coordination, harmonisation and development of joint measures, is to ensure unity of action, mutual assistance and joint efforts to successfully solve common problems in ensuring and implementing measures of the legal regime of martial law on the territory of Ukraine, i.e., interaction and mutual assistance should be clearly coordinated both in terms of goals and objectives, as well as in terms of place and time of joint activities" (Pluhatar, Lelet, 2023).

Some researchers note that a separate form of interaction between the police and local self-government bodies is the creation of a municipal police, the necessity and feasibility of which has been and is still being debated. In this regard, for example, S. Shevchenko believes that "improving the interaction of local self-government bodies with the police depends on changing their organisational structure, in particular, creating a local (municipal) police - an independent police structure financed from the local budget with the subordination of certain services and responsibilities that correspond to local conditions; this will, on the one hand, decentralise the Ministry of Internal Affairs and, on the other hand, allow local governments to independently influence the state of public order" (Shevchenko, 2022). In turn, A. Pyshna notes that "the competence of local self-government bodies includes the creation of municipal units for the protection of public safety and order, such as the Municipal Guard, but it requires a clear delineation of the powers of such units and territorial units of the National Police; their competence includes exclusively the protection of public safety and order, but they are not granted the authority to carry out preventive policing and coercive measures. The question of whether they can serve with the use of firearms or devices, which the scientist believes would be inappropriate, also needs to be regulated" (Pyshna, 2022). Without entering into a discussion on the feasibility of creating a local (municipal) police, one should agree with the opinion of most authors that there is currently no legislatively enshrined mechanism for the formation of the local police, and the issue of delimitation of powers between the municipal and state police can be resolved only with the adoption of a relevant regulatory act, and, in turn, note that under martial law, given the need to increase the defence capability of the state and accumulate local finances and create a safe environment.

The most complete list of forms of interaction between territorial police bodies and local self-government bodies and public associations in the process of ensuring public security was provided by M. Korniienko, the most relevant of which the

researcher considers to be the following: "joint analysis of the state of law and order and the rule of law; mutual exchange of information on the state of public safety and order and implementation of joint actions; establishment of joint institutions (coordination centres, operational headquarters, commissions) for the organisation and implementation of interaction; development and adoption of coordinated plans for joint actions to protect public order and prevent crime; planning and implementation of measures to ensure compliance with sanitary and epidemiological regulations and quarantine restrictions; development of coordinated plans for joint actions to protect public order and safety during mass events; development of joint programmes and plans to support law enforcement agencies in preventive work with perpetrators of domestic violence, alcohol and drug abuse, and measures to prevent homelessness and delinquency among children; cooperation in the organisation of police stations and the work of district police officers and municipal police officers; joint educational activities to disseminate legal knowledge, legal awareness and legal culture; hearing reports from heads of territorial police units and district police officers on the state of law and order and existing problems in ensuring it" (Korniyenko, 2022). In his opinion, the development of the "Regulation 'On Interaction of Territorial Police Units with Local Self-Government Bodies in the Field of Public Safety and Order'" and its approval by an order of the Ministry of Internal Affairs of Ukraine will help to improve cooperation between local self-government bodies and the police. This document, in his opinion, should regulate in detail and consolidate the state mechanism of interaction of entities countering offences in the field of public security and order both in normal times and in conditions of emergency and martial law; identify the responsible entities for coordinating the interaction of entities; determine which of the participants is obliged to monitor the state of proper interaction of entities and analyse the results of joint activities. A similar position on improving the legal regulation of such interaction is expressed by V. Barba (2018). In turn, O. M. Volokytenko suggests the following in order to eliminate the above shortcomings in the mechanism of interaction of subjects and improve its results: "First, to improve the legal regulation of the mechanism of interaction between police units and local self-government bodies in the field of public order and security by supplementing the Draft Law of Ukraine 'On Crime Prevention' with a separate section regulating the issues of prevention of crimes in the field of public order and security as well as the organisation of interaction between public authorities in this regard. Second, to develop the 'Regulation 'On Interaction of Territorial Police Units with

Local Self-Government Bodies in the Field of Public Safety and Order' ' and approve it by an order of the Ministry of Internal Affairs of Ukraine, which should regulate in detail and consolidate the state mechanism of interaction between subjects of counteraction to offences in the field of public security and order both in normal times and under martial law; to determine the responsible entities for coordinating the interaction of the entities; to define which of the participants is obliged to monitor the state of proper interaction of the entities and analyse the results of joint activities." (Volokitenko, 2022)

It is worth supporting such proposals, but it is believed that addressing the issue of legal support for the interaction between local self-government bodies and the police in the relevant regulatory act of the Ministry of Internal Affairs will not solve all issues; the specifics and forms of such interaction should be spelled out in the Laws of Ukraine "On Local Self-Government Bodies" and "On the National Police", as well as in the Strategy for a Safe Hromada Environment, which must be approved by a presidential decree, similar to the approval of the National Security Strategy of Ukraine and the Military Security Strategy of Ukraine, the Strategy for the Development of the Defence Industry, and the Cybersecurity Strategy of Ukraine, the need for which is stipulated by the Law of Ukraine "On National Security of Ukraine". (The Law of Ukraine "On National Security of Ukraine", 2018).

4. Forms and Directions of Cooperation between Local Governments and the Police in Ensuring the Vital Activity of the Region and Creating a Safe Environment under Martial Law

The analysis of the legal framework for the activities of the police and local self-government bodies and the mechanisms for its implementation allows to identify the most relevant forms of their interaction under martial law at the regional level, namely:

1) interaction of the police with public order units, territorial defence forces, and the National Guard (in cities, towns, and amalgamated hromadas) in the de-occupied territories, territories close to the combat zone, and in areas subject to forced eviction;

2) interaction with the National Guard and territorial defence forces to organise measures to verify the documents of persons in order to establish their identity and cargo documents within the EECP -a road-based fortified checkpoint with armed guards capable of maintaining a circular defence on their own; 3) patrolling streets, parks, squares, adjacent territories, equipped shelters to detect explosive objects; 4) conducting operational and search activities jointly with the Security Service of Ukraine

(hereinafter - the SSU) aimed at identifying persons engaged in targeting the aggressor's weapons and energy and life support facilities (within such facilities); 5) jointly with local authorities and the State Emergency Service of Ukraine (SESU), conducting explanatory work in educational institutions on how to act in case of detection of firearms and explosive devices; 6) cooperation with the National Guard and the Territorial Defence Forces (TDF) to organise measures to check the documents of individuals to establish their identity during curfew; 7) interaction of the police with local authorities and the SESU to improve access to shelters and ensure the safety of people in them; 8) interaction of the police, National Guard units, military law enforcement units to ensure access to the territory of communities for weapons and ammunition from areas where active hostilities are taking place and to detect violations of traffic rules by military personnel; 9) interaction of the police with the State Emergency Service to eliminate the consequences of fires, destruction of buildings, save lives, free people from the rubble and provide first aid; 10) cooperation of the police and units of the National Guard to comply with curfew requirements; 11) interaction of the police with the territorial bodies of the Security Service of Ukraine to detect collaborationist activities; 12) cooperation of the police with the prosecutor's office and the Security Service of Ukraine on pre-trial investigation of war crimes; 13) search, detention and delivery to raion (city) recruitment offices of the Armed Forces of Ukraine (hereinafter referred to as RROs of the AFU) of citizens evading military duty at the request of local self-government bodies and RROs.

5. Economic Components of Cooperation between Local Governments and the Police in Ensuring the Vital Activity of the Region and Creating a Safe Environment under Martial Law

Financial support for the activities of local self-government bodies is a set of measures for the formation, distribution and use of financial resources in order to create conditions conducive to the normal conduct of economic processes in the respective territory, the implementation of planned social programmes and projects, and the creation of conditions for the proper functioning of communities. In accordance with Article 63 of the Law of Ukraine "On Local Self-Government", the revenues of local budgets shall be generated from their own sources determined by law, as well as from national taxes, fees and other obligatory payments established in accordance with the procedure established by law.

The principles of the formation and use of the financial resources of local authorities are defined

in Article 9 of the European Charter of Local Self-Government, which states: the right of local authorities to their own adequate financial resources, which they can freely dispose of within the limits of their powers; the formation of at least part of the financial resources of local authorities from local taxes and fees, the amount of which they are entitled to determine within the limits of the law (European Charter of Local Self-Government, Council of Europe, 1985).

Local taxes and levies make up the bulk of the financial resources of local governments, with personal income tax accounting for the largest share of total taxes paid (43%); 30% of local budget revenues come from public administration, education and health, trade and catering, transport and parking; 17% are taxes on land, real estate and premium vehicles, the remaining 7-10% are income tax, rent for the use of natural resources, excise tax on the sale of excisable goods and fuel, fees for licences to sell alcoholic beverages and tobacco products, environmental tax and tourist tax (Analytical data of the State Tax Service of Ukraine for 2022). At the same time, as some experts rightly point out, "today the budget system of Ukraine does not sufficiently ensure compliance with the principle of financial autonomy of local self-government, since the influence of local governments on the formation of their financial resources through local taxes and fees is very limited" (Barvinenko, Mishyna, Qaracayev, 2023).

Peculiarities of financing local self-government under martial law. Since the beginning of the full-scale invasion of Russia on 24 February 2022, temporary state bodies - military administrations - may be established on the territory of Ukraine to ensure the application of the Constitution and laws of Ukraine, to ensure, together with the military command, the introduction and implementation of measures of the legal regime of martial law, defence, civil protection, public safety and order, protection of the rights, freedoms and legitimate interests of citizens. Such a decision is taken by the President of Ukraine on the proposal of regional state administrations or the military command (Article 4(1) and (2) of the Law of Ukraine "On the Legal Regime of Martial Law").

In order to make prompt and effective management decisions to ensure the smooth functioning of public sector institutions and facilities, housing and communal services and to meet the vital needs of residents of hromadas under martial law, the Cabinet of Ministers of Ukraine adopted Resolution No. 252 of March 11, 2022 "On Certain Issues of Formation and Execution of Local Budgets under Martial Law" (The Resolution of the Cabinet of Ministers of Ukraine "On Certain Issues of Formation and Execution of Local Budgets under Martial Law", 2022), which established some peculiarities of local

budget formation, primarily that certain revenues of local budgets may be used to ensure a safe environment for citizens (arrangement of bomb shelters, creation of neutralisation points, arrangement of fortifications and provision of emergency assistance to victims of explosions, etc.)

On 17 June, the Cabinet of Ministers of Ukraine adopted a regulation amending Resolution No. 252 of 11 March 2022, which allowed the heads of local financial authorities to approve orders on the allocation of general fund funds in the territories temporarily not under the control of the Ukrainian authorities, temporarily occupied or where hostilities have been taking place since February 24, 2022. The executive committees of local councils, local state administrations, civil-military administrations and military administrations have the right to dispose of local budget funds without publishing regulations and other documents used in the budget process.

The Budget Code of Ukraine has also been amended to provide that in the event of martial law or the implementation of general mobilisation measures, and in order to repel the armed aggression of the Russian Federation against Ukraine and to ensure national security, eliminate threats to the state independence and territorial integrity of Ukraine, local governments or military administrations may decide to transfer funds from local budgets to the state budget, as well as to allocate the balance of funds under subventions from the state budget to local budgets, which will remain in the accounts of local budgets as of January 1, 2022, for territorial defence measures, meeting the food requirements of the civilian population, evacuating, removing and relocating civilians from the zone of hostilities and dangerous areas to safe places, in particular, for paying for transport services, fuel and lubricants, and providing accommodation for citizens who have left their place of residence as a result of hostilities, or for paying for other measures to support the civilian population under martial law (Clause 22-2 of Section VI "Final and Transitional Provisions").

Thus, it should be noted that the operational changes in the legislation, which were caused by the measures taken to stabilise the financial support of local self-government under martial law in Ukraine, have determined the strategic directions of local self-government financing, namely: 1) creation of protection for the region's critical infrastructure (boiler houses, generating and distribution facilities for gas, water and electricity supply, educational and healthcare institutions, architectural monuments, and so forth); 2) provision of a safe environment for citizens (construction of bomb shelters, creation of indestructible points, construction of fortifications); 3) provision of emergency assistance to victims of bombings (medical care, sheltering victims, clearing

rubble, destruction of residential premises and their partial restoration); 4) evacuation/transportation/ movement of civilians from the combat zone and dangerous areas to safe places (example); 5) arrangement of places to live for citizens who have left their homes due to the hostilities; 6) decent burial of persons who died in the struggle for independence, sovereignty and territorial integrity of Ukraine.

These and other legal documents regulating relations in the field of local finance are aimed at providing local authorities with sufficient financial resources to function in times of war. Since the beginning of the war, Ukraine's local budgets have shown positive results - the aggregate performance of their revenue side across the country is better than could be expected. Overcoming the problems associated with effective management of local finances requires coordinated action by state and local governments to respond promptly to day-to-day challenges.

An example is the State Budget for 2023, which provides for the following changes in the distribution of funds in favour of local budgets: 1) increasing the share of the personal income tax to be transferred to local budgets to 64%; 2) establishment of a recovery fund in the budget and increase of the reserve fund for the restoration of war-affected settlements; 3) continuation of the transfer of funds from the personal income tax to local budgets for the salaries of military personnel; 4) allocation of a subvention for the implementation of programmes of the Ministry of Veterans Affairs of Ukraine, which will be directed to local budgets to solve medical, social and housing problems of the military

In the pre-war period, many municipalities, for one reason or another, often overlooked their existing sources of local budget revenue and the possibility of increasing them. In times of war, however, savings and the rational use of financial resources are of particular importance, and it is therefore important to conduct a thorough analysis of the reserves for raising additional funds for local budgets. An important reserve for filling local budgets is the creation of new jobs for those who are potential taxpayers. This includes, in particular, employing internally displaced persons, relocating businesses from areas affected by hostilities to relatively safe areas, and finding ways to attract investors (Irtyshcheva, Kramarenko, Sirenko, 2022).

As some researchers rightly point out, "in the process of managing local finances in wartime, it is necessary to focus on measures that contribute to saving money and reducing expenditures that do not meet this requirement; in particular, restrictions on the use of energy resources may be imposed, spending on certain minor materials or services may be prohibited, funding for celebrations (except for

extremely important events), capital expenditures, etc. may be suspended, and these measures should be monitored, analysed, controlled and adjusted in a qualitative manner" (Blishchuk, 2022). It is quite rightly noted that "these and other coordinated actions will help to free up funds that will be able to fill local budgets and rationally manage financial resources belonging to hromadas" (Myroniuk R., Myroniuk S., Kuntsevych Iu., 2021).

6. Conclusions

Thus, summarising all the above, it can be stated that the main forms of police cooperation with local authorities in areas close to hostilities that need to be improved include Involvement of citizens in maintaining public order in the streets, parks, squares and adjacent areas in the evening; involvement of citizens in identifying persons engaged in colonial activities, persons targeting the aggressor's weapons and energy and life support facilities; improvement of road infrastructure to reduce the number of traffic accidents and ensure fast passage of operational vehicles; enhancement of video surveillance system in public places and places with poor infrastructure; cooperation with the leadership of the Armed Forces to educate conscripts of the Armed Forces on the prohibition of exporting weapons and ammunition from the area of hostilities.

Areas for improving police cooperation with local authorities in areas close to hostilities include the following: establishment of voluntary public order units, which, together with police officers, can engage citizens in maintaining public order in streets, parks, squares and adjacent areas in the evening; establishment of police cooperation with the management of security services of strategic enterprises (energy and life-support facilities) in order to identify persons directing the aggressor's weapons and energy and life-support facilities; monitoring the state of lighting of road infrastructure facilities and contacting the relevant local authorities to install additional lighting at night; monitoring public places and other objects of vital activities of citizens, which are managed by local authorities, in order to improve the video surveillance system in public places and places with poor infrastructure; engaging additional law enforcement forces to patrol public places (including officers and cadets of departmental institutions of the Ministry of Internal Affairs and other agencies), who have the appropriate skills and permits for such activities.

It is established that local financial management in wartime has significant features due to the fact that a significant part of the financial support of local self-government bodies under martial law in Ukraine should be directed to such strategic areas of financing as:

1) creation of protection of critical infrastructure of the region (boiler houses, production and distribution facilities of gas, water and electricity supply, educational and health institutions, architectural monuments, and so forth); 2) ensuring a safe environment for citizens (provision of bomb shelters, creation of indestructibility points, provision of fortifications); 3) provision of emergency a ssistance to victims of natural disasters; 4) providing emergency assistance to the victims of the bombing

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(providing medical care, sheltering the victims, clearing debris, shaking down residential buildings and their partial restoration); 5) evacuation/ transfer/transportation of civilians from the combat zone and dangerous areas to safe places (example); 6) provision of accommodation for citizens who have left their homes due to the hostilities; 7) honourable burial of persons who have died in the struggle for independence, sovereignty and territorial integrity of Ukraine.

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Received on: 22th ofJanuary, 2024 Accepted on: 02th of March, 2024 Published on: 05th of April, 2024

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