Valentyn Halunko
Doctor of Law, Professor (Kyiv, Ukraine)
E-mail: scinspace@gmail.com
https://orcid.org/0000-0003-1619-5028
PEOPLE’S WAR OF UKRAINIANS AGAINST RUSSIAN AGGRESSION OF 2022: FACTORS OF PUBLIC ADMINISTRATION
The article reveals public administration of the People’s War of Ukrainians against Russian aggression of 2022. According to the findings, it is conducted with the support of more than 90% and the active participation of more than 70% of Ukrainian citizens. It has been proven that in order to win this war and prevent it in the future, it is necessary not to stop military action and not to ease any sanctions until the Putin regime is overthrown, as well as to deprive Russia of its UN member status. The anti-Putin coalition must provide Ukraine with modern and effective lethal weapons to defend the state and restore territorial integrity on land, air and sea. Ukraine should be admitted to NATO under a simplified procedure.
Key words: weapon, People’s War, victory, public administration, Putin’s regime, Russian aggression, Ukrainian people.
INTRODUCTION
On February 24, 2022, at four o’clock in the morning, a new stage of the Russian-Ukrainian war began in the form of a large-scale invasion of Ukraine by more than 100,000 Russian soldiers. Within a couple of hours, the Ukrainian people found themselves in a new paradigm. Values such as business, wealth, career and even a healthy lifestyle have become insignificant. The lives of relatives, their security and the opportunity to live in their own democratic state are the things that almost every citizen of Ukraine is worried about. Ukrainians are defending European values with weapons in their hands, protecting families and the whole country from destruction.
It is difficult for EU citizens to understand what we are going through. Though it is not surprising. After all, we did not understand, for example, Syrian citizens who suffered from missiles, bombs and bullets from Russian mercenaries. Today we do understand. The small village of Kozatske, Kherson region, together with hard-working residents was completely destroyed by the Russian rocket-propelled grenade launcher; many civilian vehicles together with non-combatants on the way of Russian military columns between cities were destructed; military missiles were dropped to residential buildings (Kyiv), kindergartens (Bucha) and schools (Chernihiv). Hundreds of thousands of refugees in Ukrainian cities surrounded by Russian troops without food, fuel, or ammunition are bravely holding the defense. Residents of most cities, towns and villages are spending days in bomb shelters, while Russian cruise and ballistic missiles are destroying their homes.
The Russian aggression of 2022, as never before, united the Ukrainian people. According to the poll “Ukraine in the conditions of war”, conducted on February 26-27, 2022 by the sociological group “Rating”, showed that 70% of respondents believe that Ukraine will be able to repel the attack of the Russian occupiers, 16% – not sure. The level of faith in the Armed Forces has grown significantly over the past week. There is no predominance of pessimistic sentiments in any region. The highest level of confidence in the Armed Forces is in the West and in the Center (75-78%). Relatively lower – in the South and East (64-66%), and 91% of Ukrainians support the actions of President of Ukraine Volodymyr Zelenskyy[1] who suggested to call Russian aggression against Ukraine a “People’s War”, stating that the enemy has no chance in it[2].
Justification of the need for public administration in People’s War
The European Community is experiencing the first full-scale war on its territory since World War II. The paradigm of this war is the defense of the democratic values of the civilized community, in which the citizens of Ukraine take part exclusively and directly on the side of the democratic community. Despite the support of almost 80 countries around the world, none of them directly dare to provide military assistance in the form of entering the war with their armed forces as of February 27, 2022. Although with a long delay, but with weapons and finances, practically everyone is helping Ukraine.
If Ukraine wins this war, the values of the European community will be upheld. In the event of Ukraine’s defeat, it will be a tragedy not only for the Ukrainian people, but for the whole of Europe. After all, totalitarian regimes will not stop in Ukraine. They will continue their aggression in other European countries, first on Moldova and Georgia, then the Russian horde will spread to the member states of the European Union. And there is no doubt that their membership in NATO will not stop the aggressor. The same fate will await the countries of Central Asia, especially Kazakhstan.
Administrative law regulates virtually all social relations. Public relations that arise during the war are no exception. It is clear that the rules of international humanitarian law are applied primarily during the war, i.e., the laws and customs of war, as a component of international law governing the conditions and conduct of war, including the provisions addressing obligations of the military, occupation administration, civilians, prisoners of war, etc.[3].
However, it is objectively impossible to organize the defense of the Fatherland without public administration. The component of victory in war is multifaceted. The main thing is the high morale of soldiers, their motivation to defend Ukraine and the whole nation that supports the Armed Forces of Ukraine, territorial defense of regions, cities, districts, villages and communities in carrying out armed resistance to the Russian aggressor.
Nonetheless, Ukrainian combatants need a variety of supplies: weapons and equipment, means of protection, uniforms, food, fuel, lubricants and maintenance of military equipment. In case of injury, soldiers need treatment, medication, medical equipment, the opportunity to undergo physical and psychological rehabilitation after injury. In the event of death, the state is obliged to carry out a public burial and perpetuate the memory. Everything above-mentioned is done by the subjects of public administration on the basis of the implementation of administrative law by means of general and special tools of public administration.
In addition, it should be noted that the economy of a warring country is concentrated on providing the army with everything necessary for victory and other citizens with the minimum necessary needs to survive in war. All this leads to a significant strengthening of public administration in the field of management. The state is forced to intervene by administrative means in business activities of those economic entities that are critical to ensure the defense of Ukraine and the humanitarian component of the survival of non-combatants in Ukraine.
Everything above-mentioned requires a settlement based on public law. The main place belongs to the norms of administrative law, which in the conditions of war against Russian aggression are experiencing a period of their empirical dynamic development, both on the basis of the existing theory of administrative law and by denying it in order to achieve the greatest efficiency of public administration in martial law. In practice, it should be understood that there is a dynamic development not only of law enforcement, but also the formation of the latest paradigm of the theory of administrative law.
Thus, the Ukrainian people, protecting their loved ones, the European Union and the democratic community as a whole with weapons in their hands, objectively fall under administrative and legal regulation, which provides Ukrainian soldiers with weapons and military equipment, means of protection, uniforms, food, fuel and lubricants, treatment of the wounded, public burial and perpetuation of the memory of fallen heroes.
Causes and primary course of repulsion of Russian aggression in Ukraine
Practically, the People’s War of Ukrainians against Russian aggression in 2022 is a continuation of the Patriotic War of the Ukrainian people in 2014-2015 – the socio-military movement of Ukrainians to repel all ideological, political, economic and military means of military aggression of the Russian Federation against Ukraine. In the Patriotic War of the Ukrainian people in 2014-2015, along with the Armed Forces of Ukraine and other military formations, tens of thousands of volunteers were involved, millions of citizens donated their funds to the war. The goal of the Ukrainian people was the liberation of Ukrainian lands from Russian occupiers, restoration of Ukraine’s territorial integrity, gaining the opportunity to choose their own destiny (political, economic, etc.), protecting European nations from Russian invasion, providing conditions for economic and business development, implementing administrative, primarily anti-corruption reforms in Ukraine, educating the “fraternal” Russian people, instilling in them Western values so that they can live with dignity in the European community[4].
It should be noted that none of the above tasks has been solved due to the pacifist sentiments of the European Community, other democracies and a large part of the political elite in Ukraine. Accordingly, the People’s War of Ukrainians against Russian aggression in 2022 is objective. With these pacifist tendencies, it was impossible to prevent it. Unfortunately, it was only a matter of time. Although many preventative measures have been applied by the Ukrainian authorities, with the full support of the Ukrainian people, the civilized democratic world continued to appease Putin’s autocratic regime by repeating the mistakes of the 1930s against Hitler’s Nazi regime. For some time, the domestic public authorities pursued a similar military and defense policy not to provoke the aggressor.
The Ukrainian government did not respond to any provocations from Russia. However, it did not help. After all, the aggressor does not need a reason. He will always be able to falsify the pretext to start an invasion, which he did.
On February 24, 2022, Russian dictator Putin addressed the citizens, announcing the decision to launch a military operation in Donbass. Earlier, Russian cruise and ballistic missiles began to hit the military infrastructure of the Armed Forces of Ukraine. In other words, at about four o’clock on February 24, 2022, Russia began an open military invasion of a sovereign state – Ukraine, without declaring war. Later, the ground invasion of Ukraine by Russian regular troops began, practically on all sides of the land and sea borders of Ukraine with Russia and Belarus. The President of Ukraine announced the imposition of martial law throughout the whole country. The Verkhovna Rada of Ukraine voted in favor of it.
The political nature of this event will become clear after a while. Is it a large-scale but local conflict in Europe? Or is it the beginning of World War III, in which a coalition of democracies on the one hand and totalitarian (authoritarian) states on the other, led by Russia, will take part?
If that happens, it will be a war neither for resources nor for territory. It will be a war for values – democracy or totalitarianism! (emphasized by me – Valentyn Halunko).
We would like to present the statistics for the first three days of the war to characterize the dynamics of military aggression. At the time of publication, it will be out of date. Unfortunately, the number of human griefs will be much higher. More than 210 Ukrainian citizens died, including five children. More than 1,100 people, including more than 100 children, were injured. The Prosecutor General’s Office of Ukraine has recorded many cases of violations of international humanitarian law by the Russian occupants. During the three (24,25,26 February 2022) days of aggression, Russian troops suffered considerable losses. According to the Ministry of Defense of Ukraine, the Ukrainian military destroyed: aircraft – 27; helicopters – 26; tanks – 146; armored combat vehicles – 706; guns – 49; anti-aircraft missile systems – 1; multiple rocket launchers – 4; automotive equipment – 30; tanks – 60; unmanned aerial vehicles – 2; boats – 2; personnel – approximately 4,300 Russian servicemen[5].
However, Russian troops continue to strike from all directions in almost all major cities of Ukraine and damage civilian infrastructure. Nevertheless, the situation in Ukraine is under control [6].
Local executive and self-government bodies continue to perform their public duties, providing the residents with equipped bomb shelters, water supply and food. Law enforcement agencies (National Police and Prosecutor’s Office) have moved away from the initial state of discomfort and have learned to perform their duties in the face of shelling and sabotage of Russian subversion and reconnaissance groups. Several regional centers of Ukraine are surrounded by enemy, yet the Armed Forces of Ukraine together with territorial defense units are bravely protecting the territory. Unfortunately, such regional centers of Ukraine as Kharkiv, Kherson, Chernihiv, Sumy and Mykolaiv are under blockade of the Russian occupation forces and are conducting a circular defense. At the same time, none of the leaders of territorial communities sided with the enemy.
Thus, the reason for Putin’s large-scale regime against Ukraine in 2022 is not overcoming the consequences of the Patriotic War of the Ukrainian people in 2014-2015, namely: liberation of Ukrainian lands from Russian occupiers and restoration of Ukraine’s territorial integrity as a challenge to the democratic world; supporting the aspirations of the Ukrainian people to be a member of the EU and NATO; non-recognition of the fact that Ukrainians protect European peoples from invasion by the totalitarian world; failure of the domestic authorities to complete anti-corruption and judicial reforms based on EU values.
Publication of urgent individual acts as tools of public administration that legally launched the process of repelling Russian aggression against Ukraine
Let us turn directly to the analysis of public administration tools used by its subjects in the conditions of the People’s War of Ukrainians against Russian aggression in 2022.
President Volodymyr Zelenskyy issued Decree № 64/2022 “On the imposition of martial law in Ukraine”. People’s deputies approved this decision by 300 votes. According to the document, martial law is imposed from 5:30 am February 24, 2022 for a period of 30 days. This decree was signed due to the military aggression of Russia against Ukraine, on the basis of the proposal of the National Security and Defense Council and in accordance with Ukrainian law. The Military Command, together with the Ministry of Internal Affairs of Ukraine, other executive bodies and local self-government bodies, must implement the measures and powers envisaged by the Law of Ukraine “On the Legal Regime of the Martial Law” necessary to ensure Ukraine’s defense, public safety and state interests[7].
Public administration of local executive bodies began to function under the legal regime of martial law. According to the Decree of the President of Ukraine of February 24, 2022 № 68 “On the formation of military administrations”, regional, Kyiv city, district military administrations were established. The General Staff of the Armed Forces of Ukraine and the Cabinet of Ministers of Ukraine have been tasked with directing, coordinating and controlling the activities of these military administrations[8].
The next individual act of Volodymyr Zelenskyy was the Presidential Decree of February 24, 2022 № 69 “On General Mobilization”. According to which measures were announced and initiated to conduct a general mobilization in all regions of Ukraine. Conscripts, reservists and civilian vehicles suitable for supplying Ukraine’s militarized forces in accordance with mobilization plans are subject to conscription. General Staff of the Armed Forces of Ukraine was tasked to determine the order and number of conscripts, reservists and vehicles of the national economy within the total period of mobilization. The Cabinet of Ministers of Ukraine had to provide funding and take within its powers other measures related to the announcement and conduct of general mobilization. Heads of regional state administrations were in charge of the establishment and operation of regional, district and city medical commissions[9].
By the Decree of the President of Ukraine of February 24, 2022 № 70, the Defense Plan of Ukraine and the Consolidated Plan of Territorial Defense of Ukraine were put into effect. All militarized structures of Ukraine were tasked to implement the measures provided by the Consolidated Plan of Territorial Defense of Ukraine[10].
According to the Decree of the President of Ukraine of February 24, 2022 №71 “On the use of the Armed Forces of Ukraine and other military formations” it was determined to use the Armed Forces of Ukraine and other military formations established in accordance with Ukrainian laws to repel armed aggression against Ukraine. Public and military authorities should take measures to repel armed aggression against Ukraine[11].
Moreover, by issuing Decree of February 24, 2022 № 72 the Supreme Commander-in-Chief rate was formed. President of Ukraine Volodymyr Zelenskyy was appointed the chairman of the rate[12].
Thus, during the first days of war, the Ukrainian supreme power introduced martial law, formed and approved the personnel of the Supreme Commander-in-Chief rate, formed military administrations, announced and implemented measures for general mobilization, realized the Defense Plan of Ukraine and the Consolidated Plan of Territorial Defense of Ukraine.
Measures of encouragement, persuasion and coercion in the conditions of the People’s War against Russian aggression in Ukraine
The encouragement tool of public administration is Presidential Decree № 74/2022 on awarding the title of Hero of Ukraine to sapper, sailor Vitaliy Skakun (posthumously) for outstanding personal courage and heroism shown in defending the state sovereignty and territorial integrity of Ukraine, loyalty to the military oath. At the cost of his own life, Vitaliy detonated the Henichesk Bridge to stop the advance of a tank column of Russian troops[13].
This is the first individual Decree of the President of Ukraine on the application of state encouragement of the highest level in the People’s War against Russian aggression in 2022.
There will be hundreds, even thousands of encouragement cases, because every minute servicemen of the Armed Forces of Ukraine, territorial defense, the National Guard of Ukraine, the State Border Guard Service of Ukraine, National Police, veterans of the Ministry of Internal Affairs and ordinary citizens, who make Molotov cocktails, commit heroic deeds to destroy Russian military equipment. If only Ukrainian heroes were not awarded posthumously.
Persuasive means are widely used by Ukrainian public administration in the context of repelling the armed conflict. Firstly, such methods are directed at enemy combatants to surrender and at Russian mothers to keep their sons from going to war. Secondly, the following means are aimed at the governments of the EU member states for to the Ukrainian army and people to get effective assistance. Although Ukraine receives significant support, it is not enough. It will be difficult for us to win without air support and modern planes. We defend our Fatherland – Ukraine, all EU member states and virtually all world democracies. We do not ask citizens of EU member states to take a direct part in air battles. Ukrainian pilots will do it themselves. For example, a Ukrainian fighter pilot in a MiG-29, released before 1990, has already shot down 10 Russian planes, including two state-of-the-art ones according to the Russian classification[14]. Ukraine needs modern jet fighters and attack planes to repel the occupiers.
The measures of state coercion are not of primary importance. In accordance with the special militarized laws of Ukraine, domestic combatants, without violating the norms of international humanitarian law, simply destroy thousands of Russian invaders. However, largely to our surprise, most of them are teenagers, or come from poor families from remote areas of Russia. Unfortunately, the government of Russia is sending them to certain death.
Ways of improving public administration of the People’s war in Ukraine and preventive measures for the future
Despite the significant moral victory of the Ukrainian people over Putin’s totalitarian regime, many other military, international, economic, military-technical, humanitarian, medical, social, legal and administrative measures are to be implemented in order to achieve a real victory in the war:
- There is no room in war for half measures. The struggle of the anti-Putin coalition must continue until it is completely destroyed. Victory over the Putin regime will cost the Ukrainian people and their allies a fortune. However, Ukraine will pay many times more if we let this regime triumph over the country. The Putin regime must be overthrown at all costs – no concessions can be made.
- It is of vital importance to deprive Russia of the United Nations membership, since the following status is not legal in terms of international law procedures. What is more, the Russian Federation must be deprived of the status of a permanent member of the UN Security Council, which the country has appropriated on its own. In the future, only after admitting its guilt, repenting and paying contributions for war crimes and harming states affected by its occupation and armed attacks (similar to Nazi Germany), Russia can be admitted to the UN.
- Until the destruction of Putin’s regime, he will continue to threaten the world with nuclear weapons. It is necessary to inform all Russian officers (nuclear systems engineers), submariners with missiles on their boards and pilots of strategic bombers about inadmissibility of the last command to launch the process. They are highly educated people who know better than others what consequences the nuclear war can bring to their families and loved ones. They are definitely mentally stable. Those people who want to cooperate, including members of their families, must be provided with security, material support at the expense of the international community and the opportunity to live in any democratic country whether under their own name or legend.
- Ukraine must be provided with all latest weapons, i.e., modern anti-aircraft, anti-missile defense systems and warships in order to completely defeat Russian occupying troops. Thus, the Armed Forces of Ukraine will have more equipment and power to protect the country from the enemy.
- Ukraine has set an example of voluntary renunciation of nuclear weapons and courageous military resistance to the Putin regime. Accordingly, Ukraine has the right to be admitted to NATO by a simplified procedure. The following move will serve as a positive example for some other states to give up nuclear weapons.
- After victory over the Russian Federation, Ukraine will have the right to get compensation from Russia in order to rebuild its infrastructure and offset the losses caused by military aggression.
CONCLUSIONS
To sum up, public administration of the People’s War in Ukraine against Russian aggression in 2022 is characterized by the following features: it is conducted with the support of more than 90% and the active participation of more than 70% of Ukrainian citizens; the Ukrainian people are defending their loved ones and their sovereign state, the European Union and the democratic community as a whole; in order to repel the armed aggression of the Putin regime, public administration of Ukraine uses specific measures of encouragement (heroes of the Fatherland) persuasion (European community and enemy combatants who may surrender) and state coercion (military aggressors).
In order for Ukrainians to win the People’s War against Russian aggression in 2022 and to prevent it in the future, it is important: not to cease hostilities and not to ease any sanctions until the Putin regime is overthrown; to deprive Russia of the United Nations membership and a permanent UN Security Council membership; to implement persuasion and encouragement measures to prevent Putin from waging a nuclear war; the anti-Putin coalition must provide Ukraine with modern weapons, including modern anti-aircraft, anti-missile defense systems and warships; Ukraine, as the only country that has voluntarily renounced nuclear weapons, has the right to a simplified procedure for joining NATO; after the victory over the Putin regime, Ukraine has the right to get compensation from Russia.
[1] NATIONAL POLL: UKRAINE DURING THE WAR (FEBRUARY 26-27, 2022) Rating group . https://ratinggroup.ua/research/ukraine/obschenacionalnyy_opros_ukraina_v_usloviyah_voyny_26-27_fevralya_2022_goda.html
[2] Zelenskyy: “The enemy does not have a single chance in this people’s war”. Ukrayinska Pravda. 26 February 2022 URL: https://www.pravda.com.ua/news/2022/02/26/7326244/
[3] Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land. The Hague, 18 October 1907. The Verkhovna Rada of Ukraine. 2022. URL: https://zakon.rada.gov.ua/laws/show/995_222#Text.
[4] Valentyn Halunko. Patriotic War of the Ukrainian people 2014-2015. Scientific Bulletin of Public and Private Law. 2015. URL: http://www.nvppp.in.ua/vip/2/3.pdf.
[5] The Defense Ministry enumerated the losses of the Russian occupiers in three days. zaxid.net. 27 February 2022. URL: https://zaxid.net/minoboroni_nazvalo_vtrati_rosiyskih_okupantiv_za_tri_dobi_n1537029
[6] Yaroslav Pryshchepa. 27 February 2022. Suspilne. URL: https://suspilne.media/211585-vidklucenna-swift-ta-obmezenna-cb-ssa-anonsuvali-antirosijski-sankcii/
[7] Decree № 64/2022 “On the imposition of martial law in Ukraine”. President of Ukraine Volodymyr Zelenskyy. Official website. 2022. URL: https://www.president.gov.ua/documents/642022-41397
[8] Decree № 68/2022 “On the formation of military administrations”. President of Ukraine Volodymyr Zelenskyy. Official website. 2022. URL: https://www.president.gov.ua/documents/682022-41405.
[9] Decree of 24 February, 2022 “On the general mobilization”. President of Ukraine Volodymyr Zelenskyy. Official website. 2022. URL: https://www.president.gov.ua/documents/692022-41413
[10] Decree № 70/2022 “On the implementation of the Defense Plan of Ukraine and the Consolidated Plan of Territorial Defense of Ukraine”. President of Ukraine Volodymyr Zelenskyy. Official website. 2022. URL: https://www.president.gov.ua/documents/702022-41409
[11] Decree № 71/2022 “On the use of the Armed Forces of Ukraine and other military formations”. President of Ukraine Volodymyr Zelenskyy. Official website. 2022 https://www.president.gov.ua/documents/712022-41417
[12] Decree № 72/2022 “On the formation of the Supreme Commander-in-Chief rate”. President of Ukraine Volodymyr Zelenskyy. Official website. 2022. URL: https://www.president.gov.ua/documents/722022-41421
[13] President posthumously awarded Vitaliy Skakun the title of Hero of Ukraine. Decree № 74/2022. President of Ukraine Volodymyr Zelenskyy. Official website. 2022. https://www.president.gov.ua/news/prezident-prisvoyiv-vitaliyu-skakunu-zvannya-geroya-ukrayini-73209
[14] Ghost of Kyiv: Ukrainian fighter pilot in a MiG-29 shot down 10 Russian planes. Volynske. 2022. URL: https://www.volynnews.com/news/all/pryvyd-kyyeva-ukrayinskyy-pilot-as-zbyv-10-vorozhykh-litakiv/
