CIVIL PROTECTION SERVICES IN UKRAINE IN EMERGENCY DURING THE LEGAL REGIME OF MARTIAL LAW

. Based on the results of the research the following conclusions were formulated: 1) martial law in Ukraine has a direct impact on the unified state civil protection service, causes the presence of features of its functioning, as well as checking the state of readiness of services and forces that perform civil protection tasks; 2) in Ukraine, the bodies, services, forces of civil defense function simultaneously in two legal regimes: martial law and a particular period with a degree of complete readiness. In addition, the so-called “reconstruction period” is foreseen, which determines the additional tasks of the unified state civil protection service, the full implementation of which is possible after the end of hostilities and is actually implemented in the territories controlled by Ukraine and where there are no combat clashes; 3) the peculiarities of the functioning and diagnostics of the services and forces that perform civil defense tasks during the steam regime of martial law include: an increased degree of threats and risks due to missile attacks, kamikaze drone attacks, attacks from vari - ous types of weapons, and subsequently rescuing people from under rubble, liquidation of other consequences of destruction; a limited deadline for completing tasks; the need to restore critical infrastructure facilities related to the provision of electricity and gas supply as a result of rocket attacks; carrying out the evacuation of the civilian population in the zone of active hostilities; the presence of emergency situations with a wide variety of consequences, including those of a potentially man-made nature, which have a cross-border impact on neighboring states both in the short and long term.

The paper focuses on civil protection services in Ukraine, on general characteristics of the subject composition and peculiarities of their functioning and diagnostics of the state of readiness during the legal regime of Martial Law.
The Basic Law of Ukraine (Article 107) stipulates that the National Security and Defense Council of Ukraine coordinates and controls executive authorities' activities in national security and defense. In addition, the Con-stitution of Ukraine (Article 116) entrusts the Cabinet of Ministers of Ukraine as the highest body in the system of executive authorities of Ukraine with the power to take measures to ensure the rights and freedoms of people and citizens (Constitution of Ukraine, 1996).
For the development of these constitutional provisions, the Code of Part 2 of Article 6 Civil Protection of Ukraine (Civil Protection Code of Ukraine, 2012) of October 2, 2012, as amended as of December 13, 2022, stipulates that coordination of the activities of executive authorities in the field of civil protection shall be carried out by 1) National Security and Defense Council of Ukraine; 2) Cabinet of Ministers of Ukraine. Subjects of civil protection are the central bodies of executive power, other state bodies, the Council of Ministers of the Autonomous Republic of Crimea, local state administrations, local self-government bodies, economic entities, and non-governmental organizations. The Autonomous Republic of Crimea and the city of Sevastopol have been temporarily occupied by the Russian Federation since February 20, 2014. The temporarily occupied territory is an integral part of the territory of Ukraine, subject to the Constitution and laws of Ukraine, as well as international treaties ratified by the Verkhovna Rada of Ukraine. In the event that it is not possible to conduct business on the temporarily occupied territory, the location of state bodies established in accordance with the Constitution and laws of Ukraine shall be determined by the Cabinet of Ministers of Ukraine. This provision also applies to services performing civil protection tasks in Ukraine.

Services performing civil protection tasks in Ukraine: general characteristics of the subject composition
To coordinate the activities of central and local executive bodies, enterprises, institutions, and organizations related to technogenic and ecological safety, protection of the population and territories, prevention and response to emergencies, the following is formed: Ø State Commission on Technological and Environmental Safety and Emergency Situations (at the state level in general); Ø regional commissions on technogenic and ecological safety and emergencies (at the regional level, Kyiv); Ø local commissions on technogenic and ecological safety and emergencies (at the level of districts, cities, districts cities (if they are created), settlements, and villages); Ø commissions on emergencies (at the level of enterprises, institutions, and organizations).
Ensuring state policy implementation in civil protection is carried out by a single state system of civil defense (from now on referred to as the State Civil Protection System -SCPS), which consists of functional and territorial subsystems. The issue of implementation of civil protection measures in the state, determination of the composition of management bodies and civil protection forces, planning of the activities of the unified state civil protection system, the procedure for its implementation of tasks, and organization of cooperation are regulated in detail by the Regulation on the suitable state system of civil protection (Regulation on the Unified State System of Civil Protection, 2014), which was approved by the Resolution of the Cabinet of Ministers of Ukraine dated 9 January 2014 with changes as of February 14, 2023. By paragraph 5 of this normative act, the management of the unified state system of civil protection is carried out by the Cabinet of Ministers of Ukraine. The direct control of the activities of the State Emergency Service of Ukraine is the State Emergency Service of Ukraine (from now on the Emergency Service of Ukraine) 1 ; the legal status, structure, and powers are regulated by the Regulation on the State Service of Ukraine with of emergencies from December 16, 2015, with changes as of September 13, 2022 (Regulation on the State Emergency Service of Ukraine, 2015). 1 ДСНС -SES, the State Emergency Service of Ukraine -is a central executive body, whose activities are directed and coordinated by the Cabinet of Ministers of Ukraine through the Minister of Internal Affairs and which has been implementing the state policy in the field of civil protection, protection of the population and territories from emergencies and prevention of their occurrence, elimination of the consequences of emergencies, rescue, firefighting, fire and industrial safety, activities of emergency services, as well as hydrometeorological activities.
The SCPS consists of permanently operating functional and territorial subsystems. The question of the basics of creating the functional subsystem of the SCPS, its composition, tasks, and levels are determined by the According to clauses 7, 8 of the standard regulation on the functional subsystem of the unified state system of civil protection, management of the active subsystem is carried out by: -at the state level -central bodies of executive power, which create functional subsystems, and their structural subdivisions on civil protection issues; -at the regional level -territorial bodies of central executive bodies create functional subsystems; -at the facility level -heads of economic entities, their structural subdivisions (officials) on civil protection issues.
To ensure management, coordination of actions of management bodies and civil defense forces subordinate to them, implementation of round-the-clock duty, and provision of collection, processing, generalization, and analysis of information about the situation, the following functions are in place: -at the state level -on-call (on-call, dispatch) services of central executive bodies (if they are formed); -at the regional level -on-call (on-call, dispatch) services of territorial bodies of central executive bodies, institutions, and organizations (if they are formed); -at the object level -duty (dispatching) services of the business entity (in case of their formation) (Model Regulation on the Functional Subsystem of the Unified State Civil Protection System, 2015).
The composition of the civil defense forces of the functional subsystems of the SCPS is shown in Figure 2. Source: own study By Article 10 of the Code of Civil Protection of Ukraine, the territorial subsystems of the EDUCZ operate in the Autonomous Republic of Crimea, regions, cities of Kyiv, and Sevastopol (Civil Protection Code of Ukraine, 2012). The territorial subsystem of the SCPS is an integral part of the SCPS, which is created in the Autonomous Republic of Crimea, the region, the cities of Kyiv and Sevastopol, and which includes links of the territorial subsystem, management bodies, and civil defense forces subordinate to them, relevant business entities that perform civil defense tasks. According to Clause 5 of the Standard Regulation on the Territorial Subsystem of the Unified State System of Civil Protection, the territorial subsystem consists of links formed by: -in the regions of the Autonomous Republic of Crimea -by the Council of Ministers of the Autonomous Republic of Crimea; -in districts, districts in mm. Kyiv and Sevastopol -section, district state administrations in the cities of Kyiv and Sevastopol (Model Regulation on the Territorial Subsystem of the Unified State Civil Protection System, 2015).
The link of the territorial subsystem consists of sub-links formed in the territories of the urban, village, and rural territorial communities by the executive bodies of the respective councils. Provisions on the territorial subsystem's link and sub-link are approved by the body that formed it. Clause 8 of the Standard Regulation on the Territorial Subsystem of the Unified State System of Civil Protection stipulates that for the coordination of the activities of local executive authorities, executive authorities of the Autonomous Republic of Crimea, and business entities in the field of civil protection, the following shall function: -at the regional level -regional commissions on technogenic and ecological safety and emergencies of the Autonomous Republic of Crimea, oblasts, etc. Kyiv and Sevastopol; -at the local level -local commissions on technogenic and ecological safety and emergencies of districts, districts in cities, urban, village, and rural territorial communities; -at the facility level -commissions on emergencies of economic entities.
The management of the territorial subsystem is carried out (Clause 9 of the Standard Regulation on the Territorial Subsystem of the Unified State System of Civil Protection): -at the regional level -the Council of Ministers of the Autonomous Republic of Crimea, regional, Kyiv, and Sevastopol city state administrations, civil defense units that are formed within them, territorial bodies of the State Emergency Service; -at the local level -district, district in mm. In Kyiv and Sevastopol, state administrations, executive bodies of city, township, and village councils, civil defense units that are formed within them, departments of territorial bodies of the State Emergency Service; -at the object level -the head of the economic entity and units (officials) on civil protection matters, which are formed (appointed) by the legislation (Model Regulation on the Territorial Subsystem of the Unified State Civil Protection System, 2015).
To ensure management, coordination of actions of management bodies and civil defense forces subordinate to them, implementation of round-the-clock duty, and provision of collection, processing, summarization, and analysis of information about the situation, they function (paragraph 10 of the Standard Regulation on the Territorial Subsystem of the Unified State Civil Protection System): -operational and on-call services of the control centers in emergencies of the territorial bodies of the State Emergency Service; -operational duty services of the control points of the Council of Ministers of the Autonomous Republic of Crimea, regional, Kyiv, and Sevastopol city state administrations; -operational-on-call (on-call, dispatch) services of territorial bodies of central bodies of executive power, economic entities (in case of their formation); -regular services of district state administrations and executive bodies of city, village, and village councils; -duty (dispatch) services of economic entities (in case of their formation).
In the event of emergencies, representatives of the interested state authorities are involved in the organization of measures to eliminate their consequences.
The list of civil defense forces of the territorial subsystem is determined by clause 12 of the Model Regulation on the territorial subsystem of the unified state civil defense system and is shown in

Source: own study
It is worth noting that, in addition, the territorial subsystem of the SCPS includes territorial specialized civil protection services, which are formed by management bodies and business entities by legislation. It should be noted that: -the unified state system of civil protection is a set of management bodies, forces, and means of central and local executive bodies, executive bodies of councils, enterprises, institutions, and organizations that ensure the implementation of state policy in the field of civil protection (Крук, Жакун, Яріш, Ткачук, Вовчук, Токарець, Тарасюк, Шмагай, 2016); -management of the unified state system of civil protection is entrusted to the Cabinet of Ministers of Ukraine, and the State Emergency Service of Ukraine carries out its direct control; -the unified state system of civil protection consists of permanently operating functional and territorial subsystems and their links; -implementation of the functions of the state civil protection system is carried out through management bodies; civil defense forces; enterprises, institutions, and organizations.

Functional powers in the context of diagnostics of the state of readiness of bodies, services, and forces of the SCPS
Analyzing the subject composition of the SCPS, special attention should be paid to their powers in diagnosing the state of readiness of bodies, services, and forces that perform civil protection tasks. As previously mentioned, the direct management of the activities of the EDSCZ is carried out by the State Emergency Service, and, accordingly, this service is endowed with the most extensive range of powers regarding the diagnosis of the state of readiness of the bodies, services, and forces of the EDSCZ.
The State Emergency Service, as the central body of the executive power that implements the state policy in the field of civil protection by clause 15 of part 2 of Article 17-1 of the Code of Civil Protection of Ukraine, has the authority to coordinate, organize, and methodically guide the determination of the state of readiness of functional and territorial subsystems for solving civil protection tasks in peacetime and a particular period (Civil Protection Code of Ukraine, 2012).
The main tasks of this service include, in particular, the implementation of state supervision (control) of compliance with and compliance with the requirements of legislation in the field of civil protection, fire, and man-made safety, the activities of emergency and rescue services, and the performance of the functions of a competent authority in the field of activities related to objects of increased danger ( According to paragraph 4 of the same Regulation of the State Emergency Service by the tasks assigned to it, in particular: -organizes and conducts a check of the state of readiness of the functional and territorial subsystems of the EDSCZ and their respective management bodies for actions in the event of emergencies; -carries out state supervision (control) over the activities of emergency and rescue services, the state of their readiness to respond to accidents and emergencies, and also takes measures to stop the activities of uncertified emergency and rescue services in the manner specified by legislation; compliance with the periodicity of training of management staff and specialists whose activities are related to the organization and implementation of civil protection measures, and takes steps to eliminate identified deficiencies (Regulation on the State Emergency Service of Ukraine, 2015).
In addition, through the prism of the issue of diagnostics of the state of readiness of bodies, services, and forces of the unified system of civil protection of the State Emergency Service: -carries out measures to monitor the readiness of the fund of civil defense protective structures for use as intended; -organizes and carries out measures for professional training of the personnel of civil protection bodies and units and psychological protection of the population in case of the threat of occurrence and occurrence of emergencies; -carries out attestation and certification of emergency rescue services and rescuers; -carries out training, retraining, and advanced training of the rank-and-file and senior staff of the civil protection service, civil servants, and employees of the State Emergency Service; -carries out the functions of an organization and educational and methodological support of training (improvement of qualifications according to the target purpose) of management personnel and specialists of central and local executive bodies, local self-government bodies, enterprises, institutions, organizations whose activities are related to the organization and implementation of activities of civil protection; -organizes and carries out state supervision (control) of compliance with the requirements of laws and other legal acts on man-made and fire safety, civil protection by ministries, other central bodies of executive power, the Council of Ministers of the Autonomous Republic of Crimea, local state administrations, other state bodies and authorities local self-government, business entities; -checks the presence and maintenance of automated systems for early detection of the threat of emergencies and public notification in the event of their occurrence and fire protection systems at facilities that are to be equipped with such procedures; -checks the availability and readiness for use in the event of emergencies of industrial means of respiratory protection against dangerous chemical substances, means of civil defense, the state of their maintenance and record keeping; -checks the state of readiness for the intended use of emergency and rescue equipment, means of civil protection, as well as equipment designed to ensure the safety of business entities; planning and readiness to carry out measures to organize the evacuation of the population in case of emergencies; preparation of the people for actions in case of emergencies; -conducts an internal audit (Regulation on the State Emergency Service of Ukraine, 2015).
In case of detection of violations during the diagnosis of the state of readiness of bodies, services, and forces that perform civil protection tasks, the State Emergency Service is endowed with mechanisms for responding to them: -draws up reports of inspections, issues prescriptions, resolutions, and orders on the elimination of violations of the requirements of legislation in the field of civil protection, fire, and man-made safety, and in case of violations that pose a threat to people's life and health, applies directly and through territorial bodies to the administrative the court regarding the application of response measures in the form of a full or partial stop until the complete elimination of violations of the legislation in the field of civil protection, fire and man-made safety of the work of enterprises, individual factories, production sites, aggregates, operation of buildings, objects, structures, workshops, sites, separate premises, as well as machines, mechanisms, equipment, vehicles, stopping work, including construction and installation, production and sale of fire-hazardous products, systems and means of fire protection; -applies administrative and economic sanctions for violation of legislative requirements in the field of civil protection, fire, and man-made safety (Regulation on the State Emergency Service of Ukraine, 2015).
It is important to note that Article 65 of the Code of Civil Protection of Ukraine carries out the distribution of powers to determine the state of readiness of the functional and territorial subsystems of the EDSCS according to the principle of "who controls whom, diagnoses." First, the State Emergency Service, as the central body of the executive power implementing state policy in the field of civil protection, carries out state supervision (control) over the following: -central executive bodies, the Council of Ministers of the Autonomous Republic of Crimea, local state administrations, other state bodies, and local self-government bodies; -business entities; -emergency and rescue services.
Secondly, in privately owned business entities, state supervision bodies in the field of civil protection control the implementation of measures to protect the population and workers in the event of an emergency, as well as solving man-made and fire safety issues related to the rights and interests of other legal entities and citizens (Civil Protection Code of Ukraine, 2012). It should be noted that: -the most extensive scope of powers to diagnose the state of readiness of bodies, services, and forces that perform civil defense tasks in peacetime and a particular period (including during the steam regime of martial law) is vested with the State Emergency Service. It is this service that organizes and conducts a check of the state of readiness of the functional and territorial subsystems of the SCPS and their respective management bodies for actions in the event of emergencies and also conducts an internal audit; -the State emergency service of Ukraine (SESU), as the central body of the executive power that implements the state policy in the field of civil protection, carries out state supervision (control) over the central bodies of the executive power, the Council of Ministers of the Autonomous Republic of Crimea, local state administrations, other state bodies, and local self-government bodies; business entities; emergency and rescue services.

Peculiarities of functioning and diagnosis of services and forces that perform civil protection tasks during the Steam Regime of Martial Law
During the legal regime of martial law, the SCPS has certain features that affect its functioning and diagnostics of the readiness of services (forces) that perform civil defense tasks. As a general rule, taking into account the provisions of Article 11 of the Code of Civil Protection of Ukraine, the SCPS, depending on the scale and characteristics of the predicted or emerging emergency, functions in the following modes: -day-to-day functioning; -heightened readiness; -an emergency; -state of emergency (Civil Protection Code of Ukraine, 2012).
In a particular period, including during wartime, the SCPS functions by the Code of Civil Defense of Ukraine and taking into account the peculiarities determined by the requirements of the norms of international humanitarian law, the laws of Ukraine "On the legal regime of war state" (Law of Ukraine of May 12, 2015 No. 389-VIII) and "On mobilization training and mobilization" (Law of Ukraine of October 21, 1993, No. 3543-XII), as well as other legal acts.
Given the full-scale military invasion of the Russian Federation into Ukraine on February 24, 2022, the Decree of the President of Ukraine "On the introduction of martial law in Ukraine" (Decree of the President of Ukraine, 2022) introduced martial law in Ukraine from 05:30 on February 24, 2022. It is characteristic that martial law in Ukraine has already continued six times, and for this time, it has been set until August 18, 2023(Law of Ukraine No. 3057-IX, 2023. It is obvious that under the current situation, another extension of martial law for the next 90 days after this date will happen with significant probability. Based on the introduction of martial law, the Cabinet of Ministers of Ukraine on February 24, 2022, by its order "On the organization of the functioning of the unified state system of civil protection in conditions of martial law," put into effect the plan of civil protection of Ukraine for a particular period, while setting the degree of readiness "full readiness" (Decree of the Cabinet of Ministers of Ukraine, 2022). In addition, by this order, ministries, other central executive bodies, which form functional subsystems of the EDSCS and specialized civil protection services, and local executive bodies are instructed to implement their civil protection plans for a particular period, as well as to inform the State Emergency Situations Service about the state of implementation of the projects. Of civil defense for a specific period of measures to transfer the functional and territorial subsystems of the SCPS to the degree of readiness "full readiness." The order mentioned above of the Cabinet of Ministers of Ukraine instructs regional state administrations to make decisions and ensure their implementation on evacuating the population from areas of armed conflicts and evacuating material and cultural values in case of a threat of their destruction.
In Ukraine, its civil protection services function simultaneously in two legal regimes: first, martial law; second, a particular period with a degree of complete readiness. The execution of civil protection tasks during the func-tioning of the unified state system of civil protection in a particular period is carried out in cooperation with the relevant military command (Regulation on the Unified State System of Civil Protection, 2014).
It is evident that full-scale military aggression against Ukraine, conducting active hostilities on its territory with the use of various types of weapons, leads to large-scale emergencies with a wide variety of consequences, including those of an artificial nature, which have a cross-border impact on neighboring states both in the short and long term perspective For example, this concerns the temporary occupation of the Chornobyl nuclear power plant by the Russian military (Орлова, 2022), the ongoing occupation of the Zaporozhia nuclear power plant (Ржеутська, 2023), and rocket attacks on the surrounding areas of the Khmelnytsky and Rivne nuclear power plants (Update 127 -IAEA, 2022).
Accordingly, under such conditions, there is a need for the functional and territorial subsystems of the SCPS to perform several tasks, most of which are not typical for everyday activities, including, in particular: -carrying out educational work among the population with the aim of their compliance with safety measures during an air alert, detection of explosive objects, etc., as well as monitoring compliance with the requirements of safety measures; -inspection of civil defense shelters in general educational institutions and institutions of higher and professional and technical education, etc.; -elimination of the consequences of the effects of the means on those injured during hostilities in settlements, territories, and water bodies, in particular, humanitarian demining of parts freed from occupation (populations, forest belts, transport infrastructure objects, agricultural lands, reservoirs, etc.); -taking measures to restore the operation of critical infrastructure facilities in the sphere of life support of the population (water, electricity, gas, heat supply) that were destroyed and damaged as a result of shelling by the troops of the aggressor country, fire extinguishing, search and rescue of people who were under debris in private and high-rise buildings, enterprise buildings and shopping complexes, etc., destroyed as a result of rocket fire; -involvement of international organizations in the liquidation of the consequences of hostilities (Клименко, 2022).
It is worth noting that on March 15, 2022, Article 8 of the Code of Civil Protection of Ukraine was supplemented by Part 4, which provides for additional tasks of the EDPS in the reconstruction period after the end of hostilities, which leads to the emergence of new features of the functioning and diagnosis of services and forces that perform civil protection tasks in Ukraine, namely: -carrying out targeted mobilization to eliminate the consequences of military operations and emergencies; -liquidation of the consequences of military actions in settlements and territories affected using destruction; -taking measures to restore critical infrastructure facilities in the sphere of life support of the population; -identification of settlements and areas that require humanitarian demining, marking of the dangerous regions, cleaning (demining) of territories; -involvement in liquidating the consequences of military operations and emergencies of international aid (Civil Protection Code of Ukraine, 2012).
Such tasks of the SCPS aim to increase work efficiency in liquidating the consequences of the Russian Federation's armed aggression on Ukraine's territory. Their maximum effectiveness is possible after the victory of Ukraine and the establishment of peace, but they are still successfully implemented immediately in environments without active military operations.

Summary and conclusions
The state of war in Ukraine directly impacts the EDPS, which determines the presence of specific features of its functioning, as well as checks on the state of readiness of services and forces that perform civil protection tasks. At the same time, it is necessary to take into account the requirements of international humanitarian law, the Law of Ukraine "On the Legal Regime of Martial Law" and the Law of Ukraine "On Mobilization Training and Mobilization".
In Ukraine, the bodies, services, and forces of the SCPS operate simultaneously in two legal regimes: martial law and a particular period with a degree of complete readiness. In addition, a "reconstruction period" is foreseen, which stipulates additional tasks of the CSDP, the full implementation of which is possible after the end of hostilities and is implemented in the territories controlled by Ukraine and in which there are no combat clashes. The peculiarities of the functioning and diagnosis of the services and forces that perform the tasks of civil protection during the Steam regime of martial law include: -an increased degree of threats and risks due to rocket attacks, kamikaze drone attacks, attacks from various types of weapons, and later rescuing people from the rubble, eliminating other consequences of destruction; -a limited deadline for completing tasks; -the need to restore critical infrastructure facilities related to the provision of electricity and gas supply as a result of rocket attacks; -carrying out the evacuation of the civilian population in the zone of active hostilities; -the presence of emergencies with a wide variety of consequences, including those of a potentially artificial nature, which have a cross-border impact on neighboring states both in the short and long term (particularly those related to nuclear power plants).
Based on the analysis of each elements of this study, several conclusions are proposed, several conclusions are proposed, which are essential to consider in further studies related to diagnosing the state of readiness of the services that perform civil protection tasks in Ukraine. These solutions may be of interest to any country that may find itself in a crisis, especially martial law.
Yurii MYKYTYN is an associate professor of the Vasyl Stefanyk Precarpathian National University, director of the Educational Scientific Law Institute, UA. ORCID ID: 0000-0002-9354-3586 Tomasz KOŚMIDER is the Professor, Ph.D, director of the Institute of Security Sciences, professor of the University of Justice, PL; former director of the State Security Institute and professor of the National Defence, PL. ORCID ID: 0000-0003-2129-3642 Mariusz SNOPEK is assistant professor at the Institute for the Social Foundations of Penitentiary Studies, University of Justice, PL. ORCID ID: 0000-0002-8566-3625