Constitutional principles of civil society Ukraine in the period of martial law.

Abstract

The purpose of the article is to clarify the peculiarities of the functioning civil society institutions Ukraine during the martial law. This became possible through the analysis of constitutional provisions, which are fundamental guarantees ensuring their activity; determination of certain aspects constitutional provision citizens’ right of to association during martial law, identification of contradictions between the provisions of the Constitution of Ukraine and other laws that determine the peculiarities functioning civil society institutions. Specialists in various fields of law, including A. Kolodii, N. Filyk, Y. Bysaga, S. Kyrychenko V. Korniienko, O. Lotiuk, H. Berchenko, P. Liubchenko, S. Kovalchuk, have dealt with constitutional foundations of the formation of civil society. However, the new threats posed by the military actions, changes in the legal system necessitate additional detailed scientific analysis. Research methods. The author’s methodological analysis included a number of general scientific and special scientific methods of cognition, the application of which made it possible to reveal the essence of the proposed problem. The method of analysis and synthesis, systematic methods of scientific knowledge, the method of comparative jurisprudence and synergetic method were used. In particular, the method of comparative jurisprudence was used to identify contradictions and inconsistencies between the legal provisions of the Constitution and some other laws of Ukraine. Synergetic method allowed to state binary nature of legal reality and uncertainty in a martial law. Results and conclusions. According to the results of the analysis of the constitutional provisions, it was determined that the basis of the functioning of civil society institutions is the rights and freedoms of a person and a citizen. In the conditions of martial law, some of the rights and freedoms of a person may be violated. Given the presence of threats to national security, the management of state institutions is being strengthened. Strengthened state regulatory activity consists in granting additional powers to its bodies and institutions. This also affects the peculiarities of the activities of non-state entities, which are institutions of civil society. Some inconsistencies between the provisions of the Constitution of Ukraine and the laws that determine the procedure for the creation and functioning of civil society institutions have been revealed.

Keywords

• institution of civil society
• special legal regime
• constitutional principle
• organization
• democratic process
• Ukraine