DEMOCRACY AND HUMAN RIGHTS – THE FOUNDATIONS OF LAW-MAKING IN THE CONTEXT OF WAR AND UKRAINE’S POST-WAR RECONSTRUCTION

Abstract

This article presents a comprehensive study of democracy and human rights as the fundamental principles underpinning Ukraine’s law-making activities in the context of martial law and the post-war reconstruction of the state. It argues that contemporary law-making must strike an appropriate balance between the need to safeguard national security and the defence of the state and the guarantee of constitutional human rights and freedoms, in accordance with the principles of the rule of law, democracy and legal certainty. Theoretical approaches to understanding democracy as a form of organisation of state power and a necessary prerequisite for the realisation of human rights are analysed, and the interconnection between the level of a state’s democratic development and the effectiveness of mechanisms for safeguarding individual rights and freedoms is explored. The legislative foundations of law-making activity have been examined, in particular the provisions of the Law of Ukraine ‘On Law-Making Activity’ No. 3354-IX of 24 August 2023, which enshrine the principles of democracy, the primacy of human rights and freedoms, openness, public participation and compliance with international standards and European Union law. It has been established that these principles define the contemporary model of Ukrainian law-making and ensure that it is geared towards the realisation of European democratic values. Particular attention has been paid to the impact of the legal regime of martial law on the realisation of democracy, the exercise of law-making activities and the scope of constitutional human rights. It has been demonstrated that temporary restrictions on certain rights and freedoms may be applied only provided that constitutional requirements, the principles of proportionality, legality and necessity are observed, without undermining the essence of the democratic legal order. The main challenges facing the legislature during wartime have been identified, in particular the need to ensure the appropriate quality of legislative acts, the transparency of the law-making process and the preservation of public trust in state institutions. Directions for improving constitutional and legislative regulation in the post-war period are proposed, involving the systematisation of the provisions of the Constitution of Ukraine concerning the constitutional and legal status of the individual and the citizen, the expansion of guarantees for rights and freedoms, the development of institutions of direct democracy, and the further harmonisation of national legislation with European legal standards. It is concluded that ensuring the democratic nature of law-making and the primacy of human rights is a decisive prerequisite for the formation of an effective, law-based and European model of Ukraine’s development in the context of war and post-war reconstruction.