System of Human Rights Protection and Judicial Protection in Ukraine during the War and Its Compatibility Problems in the Context of EU Integration

Abstract

In order to ensure the smooth and efficient operation of the judicial system and non-ju-dicial institutions that protect human rights, especially during the period of martial law in Ukraine, the existing legal framework that regulates the activities of the Constitutional Court and the Commissioner for Human Rights in Ukraine is analyzed. The article ex-amines the supremacy of the Constitution as a prerequisite for the judicial system and the protection of human rights. It is emphasized that the Constitution should have a system of internal self-defense, contain the necessary constitutional guarantees of ensuring the rule of law, real distribution of power, recognition, guarantee and protection human rights. The concept of “militant democracy” is studied in connection with Russia’s military aggression against Ukraine. The article aims to investigate the functioning of the highest state authori-ties of Ukraine in the conditions of martial law. The problem of banning political parties and the judicial practice of Ukraine in this area is studied. The article reveals the features of reforming the system of selection of judges of the Constitutional Court of Ukraine and judicial authorities in Ukraine as a condition for Ukraine’s membership in the European Union. The article pays special attention to the peculiarities of the administration of justice in the conditions of military aggression.