Functionality of the rule of law in the context of martial law

Abstract

The article is devoted to the study of the concept of the rule of law in the context of modern challenges, particularly the full-scale aggression of the Russian Federation against Ukraine. The study explores the essence of the rule of law, its characteristics, historical development, and contemporary interpretations. Using methods of comparative analysis, a systematic approach, and legal hermeneutics, the work substantiates that military actions can affect the state of the rule of law, leading to restrictions on citizens’ rights and freedoms and strengthening state institutions. The risks of departing from democratic standards during crises are highlighted, emphasizing the importance of preserving the foundations of the rule of law. Special attention is given to the challenges Ukraine faces in balancing security requirements with respect for human rights under martial law. It is emphasized that temporary restrictions on certain freedoms must be proportionate, lawful, and aimed at protecting national interests without deviating from fundamental democratic principles. The role of civil society in maintaining oversight over government actions is also examined, particularly in ensuring decision-making transparency and fostering social cohesion. The article concludes with the necessity of creating legal mechanisms for restoring the rule of law during the post-war recovery period, which, in turn, will prevent power usurpation and ensure a swift return to democratic governance principles. In this context, an effective legal system should become a key factor in overcoming the consequences of war, preserving democratic values, and ensuring the state’s stable development in the future. The importance of transitional justice, rehabilitation of war crime victims, and adaptation of legislation to new conditions is underscored. Additionally, it is highlighted that integrating international experience and cooperating with international organizations are key aspects of forming the legal foundations for post-war recovery. The findings provide a deeper understanding of the current challenges related to upholding democratic principles during crises and developing the legal framework for Ukraine’s post-war recovery as a rule-of-law and democratic state.