SERVICE IN LOCAL GOVERNMENT UNDER MARTIAL LAW

The article examines certain aspects of legal regulation of service in local self-government bodies introduced under martial law in Ukraine. To counteract the military aggression of the russian federation, martial law was introduced in Ukraine, general mobilization was announced, and several special rules for civil service and service in local self-government bodies were introduced. These innovations are extremely important because in peacetime, because of the decentralization reform in Ukraine, local governments have acquired many additional powers and funds, which allowed them to form a kind of municipal front in the face of armed aggression, providing a reliable shoulder to the state in the fight against the aggressor. The article substantiates why the Law of Ukraine «On the Organisation of Labour Relations under Martial Law» № 2136-IX of 15 March 2022 extended its effect to local self-government officials only from 19 July 2022. The article examines the content of the following peculiarities of service in local self-government bodies introduced under martial law: 1) the possibility of establishing probationary periods when concluding an employment contract for any category of local self-government officials has been introduced; 2) the procedure for transferring and changing the essential working conditions of local self-government officials was significantly simplified; 3) expanded the powers of the employer to establish and record working hours and rest periods of local self-government officials; 4) restrictions were introduced on the application of a number of labour law provisions aimed at exercising the right of local self-government officials to rest; 5) new conditions for the remuneration of local self-government officials were introduced; 6) it is allowed to suspend certain provisions of a collective agreement at the initiative of the employer; 7) special rules on suspension of an employment contract were introduced. The article concludes that the peculiarities of service in local self-government bodies introduced under martial law were not self-sufficient. They are aimed at assisting local self-government bodies in exercising their powers in such a tragic period of national history. Therefore, only in time will it be possible to conclude how effective they were. For now, we can only state that the legislator has significantly changed the balance of interests of the parties to the local self-government service relationship in favour of the employer to help protect the public interest.