THE LEGAL REGIME OF THE RECONSTRUCTION PERIOD

Abstract

The purpose of the article is to develop a unified approach to understanding the reconstruction period and the need to consolidate its implementation measures at the level of the law of Ukraine. Research methods: the methodological basis of the study was formed by the dialectical method, the method of analysis as well as synthesis, and the comparative method, which analyzed the essence and content of the reconstruction period at the level of normative regulation and scientific developments; the authors define the reconstruction period as a component of a special period which ensures the interests of civil society and the State and contributes to the elimination of the consequences of the armed aggression of russian troops against Ukraine with a view to enhancing the country’s defense capability by introducing certain measures; compares the concept of the reconstruction period enshrined in various legal acts of Ukraine; and considers the foreign experience of legal regulation of the reconstruction period. Results: the reconstruction period should include measures to: identify destroyed objects that need to be restored; determine the entities entitled to restoration - individuals and legal entities (public and private law); forms of restoration of the consequences of armed aggression (monetary – compensation, natural – through reconstruction);establishing criteria for the sequence (priority) of restoration of the consequences of armed aggression; special financing procedures, forms and methods of taxation; special labor regime and status of employees, institutions and organizations involved in the restoration of destroyed facilities; creating favorable conditions for foreign or national investment in restoration programs or projects; grounds and procedure for the return of civilians to the de-occupied territories. After all, the reconstruction period begins when damage is caused to the objects that need to be restored, and ends when the damage caused by the armed aggression is fully restored. Discussion: the issues of the legal regime of the reconstruction period are controversial and require the adoption of a separate Law of Ukraine "On the Legal Regime of the Reconstruction Period" and amendments to the Law "On Defence of Ukraine" of December 6, 1991 and the Law "On Mobilization Preparation and Mobilization" of October 21, 1993.