MODERN UKRAINIAN CONSTITUTIONALISM UNDER MARTIAL LAW

Abstract

In the modern conditions of martial law in Ukraine, introduced by the Decree of the President of Ukraine dated February 24, 2022, the scientific and practical paradigm of Ukrainian constitutionalism acquires certain modifications due to the peculiarities of the legal regime of martial law. The purpose of the article is: a scientific analysis of the purpose, principles, content of the system of constitutionalism, as well as its functional mechanism in the conditions of martial law; and highlighting permanent elements (constants) and changes in its modern practical paradigm. To achieve the specified goal, together with general scientific and special methods of scientific research, methodological resources of synergy were applied. The synergistic approach focuses on the need to take into account the regular and accidental in social realities and reveal the complex dialectical relationship between necessary, clearly determined social and political-legal events and processes and atypical, unexpected ones (for example, armed aggression, armed conflict, war). The very application of this method made it possible to reach conclusions about the expediency and justification of changes in the practical paradigm of modern constitutionalism in connection with synergistic (primarily nonlinear, probable) events caused by the Russian Federation’s war against Ukraine. The article proves that modern Ukrainian constitutionalism in the conditions of martial law acquires certain modifications. Yes, objective military threats cause such changes in his practical paradigm. First, it is a change in the normative basis of the system of constitutionalism while the Constitution of Ukraine remains unchanged. Secondly, these are changes in the functional mechanism of constitutionalism, namely: changes in the system, competence and functional orientation of public authorities; temporary restriction of the rights and freedoms of a person and a citizen, when determining the list of fundamental (constitutional) rights and freedoms of a person that cannot be limited; application of special (emergency) organizational and legal means to ensure, protect and protect human rights in wartime conditions. Thirdly, it is the need to improve the ideological component of the content of constitutionalism – constitutional legal awareness in the direction of raising the national idea, national identity and establishing the national stability of Ukrainians. At the same time, the modern paradigm of Ukrainian constitutionalism contains constants that are unchanged under any extreme conditions, including those that are constant in the conditions of martial law, namely, purposefulness (to assert human rights and freedoms) and the principles of modern Ukrainian constitutionalism, which correspond to universal and European values.