Constitutionalism and warfare

Abstract

The article analyzes challenges which exist before constitutionalism in the conditions of warfare using the Russo-Ukrainian war as an example. It has been revealed how the transformation of the legal system and state institutions is carried out in the conditions of warfare, which is mainly a threat to constitutional identity. The latter is of fundamental importance for Ukraine since the loss of the first phase of the war with Russia (1917-20) caused the Holodomor of 1932/33, directed by the Kremlin, and organized by the obedient Creole administration of the Ukrainian SSR. The state's ability to resolutely and promptly repulse the aggressor performs a dual function in the conditions of war -the sense of safety and security of the civilian population and the mobilization of the necessary resources to resist and defeat the aggressor. First of all, the spread of unconventional ways of waging warfare, which is accompanied even by waging warfare in space, leads to transformation of constitutionalism. At the same time, the rationalization of power in conditions of limited resources becomes a main priority, which is always a consequence of wars. Constitutionalism must produce certain safeguards against the barbarization of wars. The basis of this is an institutionally capable state, which relies on stable institutions, rules and procedures for the protection of the civilian population and effective repulsion of the aggressor. At the national level, the components of this are the tools of militant democracy and parliamentary oversight and judicial review, as well as the effective distribution of powers between authorities in the field of national defense. The state is considered an institutional space for the security of civilians, which is especially felt in conditions of external aggression. The purpose of the relevant such a case is effective control over the territory, protection of the civilian population and effective governance, in particular the allocation of limited resources. An important component of this system is the formation of a mechanism to prevent aggression, which should combine national and international legal means.

Decision of the Constitutional Court of Ukraine as interpretation legal acts

“…The argumentation of scientists seems convincing that the legal positions expressed in the resolutive or in the motivational part of the act of the CSU are a mandatory part of the act of constitutional justice for the law enforcement officer, which is, accordingly, the source (form) of law. Thus, the wellknown constitutional scientist M. Savchyn notes that the acts of constitutional jurisprudence form significant empirical material, contain a number of established practices (jurisprudence) of the KSU, which can serve as a guide for further law-making work, influencing the constitutional tradition, unity and stability of the legal system [42 ].…”

Role of Legal Certainty in Providing Economic Security: Ukraine’s Experience

“…Although the Constitutional Court of Ukraine dismissed the claim because of the procedural issues and its powers, the case was a subject of analysis in scientific papers (Savchyn 2009) since it is an illustrative example of how economic interests are affected. Economic security, as mentioned above, should neither be focused on the satisfaction of the economic interests of one group of entrepreneurs nor show the prevail of one group over another.…”