On some theoretical and practical principles of observing the rule of law in Ukraine

Abstract

This scientific article substantiates the need to develop, as one of the projects of the National Research Foundation of Ukraine "Advanced Science in Ukraine 2026-2028", such a topic that is related to the theoretical and applied principles of compliance with the rule of law in our state under martial law and in the post-war period.

In particular, it is proven that the most relevant and those that have theoretical and practical value are the following strategic directions of doctrinal developments on the specified research issues, namely: substantiation of the need to enshrine in the Constitution of Ukraine the legal institution of legal liability for its violation and non-compliance in any form, which is emphasized in their decisions by the European Court of Human Rights (ECHR) and the Constitutional Court of Ukraine; development of a draft law "On the Constitutional Court of Ukraine", the basis of which should be a new procedure for selecting judges (through direct suffrage of citizens) and a 5-year term of office for judges, which will make it impossible for any branch of state power, political force, or certain legal entities or individuals to influence both an individual judge and the Constitutional Court of Ukraine as a whole; derivation and formulation of a new procedure for the adoption by the Verkhovna Rada of Ukraine of draft laws submitted by the relevant subjects of legislative initiative (Article 93 of the Constitution of Ukraine), which in turn provides for the amendment of the Law of Ukraine “On the Rules of Procedure of the Verkhovna Rada of Ukraine” (before their adoption and registration, draft laws are submitted to the Constitutional Court of Ukraine to establish compliance with the principle of the rule of law and the Constitution of Ukraine as a whole), as well as granting the Constitutional Court of Ukraine new powers aimed at preventing violations of the norms of the Fundamental Law (in particular, this is how the work of the Constitutional Court in France is structured); development of an effective mechanism for ensuring the correlation of the norms of the Constitution of Ukraine with the relevant provisions of international legal acts, which, based on the requirements of Part 1 of Article 9 of the Fundamental Law, have become part of national legislation, with strict compliance with Part 2 of Article 9, which stipulates that the conclusion of international treaties that contradict it is possible only after amendments to the Constitution, and this, in turn, also provides for the amendment of the Law of Ukraine "On International Treaties", the ineffectiveness of which has been proven in the conditions of martial law in our state, as well as in the UN and other international institutions; deriving the features of compliance with the principle of the rule of law in a separate region of Ukraine, on the territory of which war crimes were committed by the aggressor state (on the example of Bucha and Irpin).