The scientific and practical paradigm of modern Ukrainian constitutionalism: the influence of the realities of the legal regime of martial law and the challenges of Ukraine's post-war development
According to the materials of scientific report at the meeting of the Presidium of NAS of Ukraine, February 7, 2024
DOI:
https://doi.org/10.15407/visn2024.04.025Keywords:
constitutionalism, martial law, post-war development, constitutional and legal status of a person, restriction of human rights, public authorities, constitutional legislation, Ukrainian civil society, constitutional legal consciousnessAbstract
The report identifies the main scientific and practical problems of Ukrainian constitutionalism under the legal regime of martial law and the relevant trends in its post-war development. The author emphasizes that the "center" of the scientific and practical paradigm of constitutionalism is a person whose rights and freedoms require special protection in wartime, as well as compliance with constitutional principles and requirements for their restriction. At the same time, the author presents the author's own doctrinal and legal "formula" for limiting human rights under martial law in the context of the paradigm of modern constitutionalism. The author identifies main modern changes and trends in post-war development: in the institutional mechanism of Ukrainian constitutionalism, in particular, in the organization and functioning of public authorities and local self-government bodies, and in the functioning of Ukrainian civil society; in the regulatory framework of constitutionalism, in particular, in the system of current legislation in the context of Ukraine's European integration aspirations, etc.
