ORGANIZATION OF RECORDS MANAGEMENT AND PRESERVATION OF ADMINISTRATIVE DOCUMENTATION UNDER MARTIAL LAW: LEGAL REALITIES AND PRACTICAL EXPERIENCE

Abstract

The article provides a comprehensive study of the transformation of the records management and archival systems in Ukraine under the influence of the full-scale armed aggression of the Russian Federation. The authors argue that under the legal regime of martial law, traditional approaches to documenting administrative activities — which for decades relied on principles of territorial attachment to offices and the predominant use of paper media — have proven to be critically vulnerable. The issue of document preservation has transformed from a purely bureaucratic process into a strategic challenge for national security, as the loss of administrative information undermines the state's ability to perform its functions and record evidence of the aggressor's war crimes.Particular attention is paid to the analysis of the adaptation of the regulatory and legal framework. The role of the Ministry of Justice Order No. 1000/5 is examined as the foundation for the organization of records management, with an emphasis on the personal responsibility of institutional heads for the integrity of documents and seals in crisis situations. The implementation of Law No. 2136-IX is analyzed in detail, which legitimized the simplification of personnel records management and the use of alternative communication methods (Email, messengers) between employer and employee. At the same time, the problem of legal collisions related to the admissibility of such messages as evidence in judicial practice is highlighted.A separate block of the research is dedicated to the practical experience of evacuating archival funds. Based on the tragic events in Kherson, where occupiers stole approximately 121,000 storage units, the authors emphasize the importance of preventive preparation. It is proven that archival heritage is viewed by the aggressor as a target for purposeful destruction to manipulate historical memory. The key result of the study is the justification of the indispensability of the "Cloud First" digitalization strategy. The dynamics of digitization and the transition to the "single window" access model (Inter-archival Search Portal) are showcased. Business protection mechanisms are also considered, specifically Article 69.28 of the Tax Code of Ukraine, which exempts taxpayers from the obligation to restore documents lost due to hostilities, provided that indirect evidence of destruction is supplied. The conclusions state that the upward trend toward openness and digitalization signifies a final break with the post-Soviet model of information management, creating a foundation for the state's post-war recovery.