PHILOSOPHICAL AND LEGAL UNDERSTANDING OF THE RULE OF LAW IN THE CONDITIONS OF MARTIAL LAW

Abstract

The article aims to philosophical and legal understanding of the rule of law in the conditions of martial law.To achieve the declared purpose and obtain the proper results, the following set of methods was used: analysis of regulatory acts, systemic method, formal-logical method, method of historical analysis, hermeneutic method. Results and conclusions of such activity. The article analyzes the philosophical and legal aspects of the rule of law in the conditions of martial law, which is considered as an integrative principle of law and order and at the same time a moral orientation in crisis states. The aspects of the historical evolution of the idea of the rule of law from ancient concepts to modern international and national legal discourse are outlined. The key features of the rule of law are defined, including legality, legal certainty, prohibition of arbitrariness, access to justice, equality before the law and guarantee of fundamental rights and freedoms. A philosophical analysis of the impact of martial law on the functioning of the legal system was carried out. It is emphasized that the introduction of an extraordinary regimedoes not abolish, but transforms the action of the rule of law, preserving its humanistic basis. It is determined that the key challenge during this period is to reach a balance between the need to ensure state security and the need to protect fundamental human rights.The work emphasizes the meaning of philosophical and legal approaches to understanding martial law as a legal reality that combines the realities of strength and ideals of justice.It is emphasized that even in the period of armed conflict, the right should not be reduced to the instrument of coercion, but should remain the basis of the legitimacy of power and trust of citizens. A comparative analysis of approaches to substantiation of restrictions in crisis situations, in particular through the prism of T. Hobbes and J. Locke's ideas, was performed. It has been found that the Ukrainian model of legal regulation of martial law is more consistent with the concept of natural inseparable rights, which can be limited only in exceptional cases and solely for the preservation of the public good. Particular attention is paid to the principle of temporality of restrictions, which is considered as a fuse of usurpation of power and the guarantee of restoring the democratic order after the completion of emergency conditions.