Problems of Democratization of the Legal System of Ukraine during Martial Law
Abstract
Abstract. The purpose of the study is to characterize the main problems of democratization of the legal system during martial law. It has been proven that democratization of the legal system aims to ensure a balance between protecting the rights of citizens and taking into account the urgent needs of the state. A conceptual and categorical apparatus of the essence of democratization of the legal system under martial law has been formed. It has been determined that the study of the problems of democratization of the legal system under martial law is a relevant area of scientific research that deserves in-depth and systematic research. It was found that under martial law, democratization of the legal system represents an effort to preserve and implement democratic principles in the legal field, regardless of the challenges and restrictions associated with military circumstances. The main problems of democratization of the legal system of Ukraine during the period of martial law are identified. Key directions for improving the democratization of the legal system of Ukraine under martial law are proposed. It has been proven that international support and assistance can contribute to democratization, but at the same time create dependence on external partners, which requires a careful and coordinated approach on the part of Ukraine in order to preserve national interests. It has been established that corruption, which permeates the government itself, becomes a serious obstacle to effective and fair justice, generating citizen distrust in the country’s legal system. It has been proven that the influence of foreign information campaigns aimed at destabilizing the situation in Ukraine complicates the process of forming an effective and democratic legal system. It was determined that one of the directions for improving the democratization of the legal system could be the organization of joint trainings and seminars with representatives of NATO or EU member countries on issues of democratic governance in military conflicts.
Keywords: legal system, democracy; democratization of the legal system; international support; national interests; war; martial law; problems in the legal system.
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References
Aven, B.L. (2015). The paradox of corrupt networks: An analysis of organizational crime at Enron. Organization Science, 26(4), 980-996.
Bortnyk, N., Zharovska, I., Panfilova, T., Lisna, I., & Valetska, O. (2021). Judicial Practice of Protecting Human Rights: Problems of the Rule of Law in a Postmodern Society. Postmodern Openings, 12(1), 102-114. doi: 10.18662/po/12.1/248.
Bratsuk, I., & Mykievych, L. (2022). Constitutional and legal mechanism of interaction of EU law and national law of member states. Theoretical and applied problems of legal regulation in Ukraine: proceedings of the 7th All-Ukrainian scientific and practical conference (pp. 151-154). I.V. Krasnytskyi (Eds.). Lviv: Lviv. derzh. un-t vnutr. sprav.
Chyzhov, D.A. (2022). International standards for ensuring human rights in the sphere of national security. Actual problems of politics, 69, 124-131. doi: 10.32837/app.v0i69.1312.
Coricelli, G., Joffily, M., Montmarquette, C., & Villeval, M.C. (2010). Cheating, emotions, and rationality: An experiment on tax evasion. Experimental Economics, 13, 226-247.
Demydenko, V.O. (2019). Ensuring freedom of peaceful assembly at the local level as a tool of informational de-occupation. Ukrainian Journal of International Law, 2. Retrieved from http://jusintergentes.com.ua/index.php?option=com_k2&view=item&id=297:2-2019&Itemid=149&lang=uk.
Hannan, M. (2010). Third Generation Human Rights and the Good Governance OIDA. International Journal of Sustainable Developmen, 2(5), 41-50.
Kaminska, N.V. (2022). Modern paradigm of constitutional values and their significance in the conditions of martial law. Philosophical and methodological problems of law, 2(24), 86-95. doi: 10.33270/02222402.86.
Kortukova, T., Dei, M., Blahodarnyi, A., & Kaminska, N. (2020). COVID-19: Regulation of Migration Processes in The European Legal Area. Cuestiones Políticas, 38, 321-332. doi: 10.46398/cuestpol.38e.20.
Kostytsky, M.V., Kushakova-Kostytska, N.V., Gvozdik, O.I., Kravets, V.M., & Shkarupa, K.V. (2020). National identity in an emerging information society: some problematic issues. Cuestiones Políticas, 38(66), 85-94. doi: 10.46398/cuestpol.38e.05.
Kryvytskyi, Yu.V. (2021). Philosophy of legal reform: worldview and methodological dimension. Philosophical and methodological problems of law, 2(22), 11-21. doi: 10.33270/02212202.11.
Momot, T., Chekh, N., Prylypko, S., Filonych, O., & Cherednychenko, O. (2023). Corruption in business: motives and influence on shadow economy. Business: Theory and Practice, 24(1), 206-215. doi: 10.3846/btp.2023.17365.
Rebukha, L., & Polishchuk, V. (2020). Ukrainian Society and Сovid-19: the Influence of the Pandemic on Educational Processes in Higher School. Postmodern Openings, 11(2), 120-127. doi: 10.18662/po/11.2/165.
Review of democratic institutions of Ukraine during the war. (2023). (n.d.). Retrieved from https://rpr.org.ua/news/ohliad-demokratychnykh-instytutiv-ukrainy-pid-chas-viyny/.
Russell, A. (2011). Incorporating Social Rights in Development: Transnational Corporations and the Right to Water. International Journal of Law in Context, 7(1), 1-30. doi: 10.1017/S174455231000038.
Shaptala, N.K. (2022). The right to respect for dignity and its provision during martial law. International law of the 21st century: modernity and future: materials of International science and practice conference (pp. 259-263). Irpin.
Thornhill, Ch. (2021). Transnational Constitutional Law (Chapter 6). The Oxford Handbook of Transnational Law. P. Zumbansen (Eds.). (pp. 135-156). Oxford: Oxford University Press. doi: 10.1093/oxfordhb/9780197547410.013.6.
Ukraine: Freedom in the World 2022. Country Report. Freedom House. URL: https://freedomhouse.org/uk/country/ukraine/freedom-world/2022.
Višinskis, V., Žalėnienė, I., & Tvaronavičienė, A. (2009). Legal environment within the EU: free movement of lawyers and legal services. Business: Theory and Practice, 10(1), 30-37.
Voeten, E. (2014). Domestic Implementation of European Court of Human Rights Judgments: Legal Infrastructure and Government Effectiveness Matter: A Reply to Dia Anagnostou and Alina Mungiu-Pippidi. European Journal of International Law, 25(1), 229-238.
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