Features of the imple¬mentation of the principle of the rule of law in the context of the contemporary challenges of democracy in the conditions of war in Ukraine

Abstract

The article is devoted to the study of the peculiarities of the implementation of the principle of "rule of law” in the context of challenges of democracy under the conditions of martial law in Ukraine. The main force majeure decisions of state authorities are outlined within quantitative and chronological limits in the context of ensuring the coherence and continuity of the fulfillment assumed by them obligations, and with unconditional observance of the principle of the rule of law. The efforts of the native legislator to provide a formal definition of the definition of «rule of law» in comparison with its international counterpart, which is enshrined in the soft law documents of the Venice Commission, are separately analyzed.
 The authors found out that despite the impressive percentage of implementation of the government's Plan of measures to implement the Association Agreement, in Ukraine, under the conditions of martial law, constitutional rights and human freedoms are temporarily restricted, including: the right to inviolability of housing, to freedom of movement, to freedom of thought and speech, to free expression of one's views and beliefs, rights and legitimate interests of legal entities, etc. At the same time, despite the real existence of the listed restrictions, the latter in no way refer to the limitation of absolute (natural) human rights and freedoms. In the conclusions to the article, it is justified and confirmed that the principle of the rule of law continues to apply even to those rights and freedoms that are limited.
 In order to obtain reliable scientific results and introduce new information to the theory fund, this study used a set of scientific principles and approaches based on general scientific, worldview and special legal methods of cognition, in particular, it refers to such methods as: systemic, hermeneutic, historical - legal, functional and comparative. The empirical basis of the research was made up of national and international legal acts.