PROBLEMS OF THE CONSTITUTIONAL REFORM IN UKRAINE UNDER THE CONDITIONS OF MARTIAL LAW

Authors

DOI:

https://doi.org/10.32999/ksu2307-8049/2024-3-1

Keywords:

Constitution of Ukraine, Basic Law, reforming, man and citizen, implementation mechanism, state, society

Abstract

The Constitution is the Basic Law of state, as it regulates the vital activities of state and society, the most important social relations related to the exercise of state power, which determine the legal position of a person and a citizen, the foundations of constitutional system, the form of state government, the political regime, the territorial structure, the system of state authorities and local self-government, the order of their formation. It should be noted that recently in Ukraine there has been an increase in the process of divergence between what is de facto and what is enshrined de jure. This indicates the expediency of carrying out qualitative reforms and updating the current legislation, since real political relations and processes do not correspond to what is enshrined in the Constitution of Ukraine, and proper supervision of these processes is not observed. This leads to the fact that the Basic Law is often violated, despite the fact that independent Ukraine has already undergone several constitutional reforms and even changed the form of state government. In connection with this, the question arises about the need to study the problems of constitutional reform during martial law. Purpose. To reveal the expediency of constitutional reform in Ukraine in the conditions of martial law. Methods. During writing of the article, philosophical and worldview, general scientific and special methods were used. The historical, sociological, system analysis, formal-legal, comparative-legal and other methods were clearly traced. Results. The article examines the problems of developing scientific approaches and implementing constitutional reform in Ukraine in the conditions of a full-scale invasion of rf. Internal and external factors that directly influence the implementation of proper constitutional reform are analyzed and highlighted. Conclusions. The constitutional reform is a complex and multifaceted process that requires scientific developments, coordination, scientific discussions, preliminary planning, comparative research with other countries, law-making work, as well as real implementation in a short period of time.

Published

2024-09-11