COMPLIANCE WITH THE REQUIREMENT OF NON-RETROACTIVITY OF LAW IN TIMES OF WAR: THE CASE OF UKRAINE

Abstract

The article analyses the issue of compliance with the principle of non-retroactivity of law in the context of Russia’s full-scale armed aggression against Ukraine. It emphasizes the fundamental role of this principle within the system of the rule of law, legal certainty, and legal stability. The exceptional importance of the general prohibition on the retroactive application of laws is substantiated not only in peacetime but also in extraordinary circumstances. The study examines legislative acts adopted by the Verkhovna Rada of Ukraine during the martial law period that contain provisions with retroactive effect. An assessment is conducted on their compliance with permissible exceptions to the principle of non-retroactivity of normative legal acts, along with an analysis of the criteria for their legitimacy based on international standards, judicial practice, and legal doctrine. An expanded definition of legitimate exceptions to the general rule is proposed in addition to the traditional exemption related to the mitigation or repeal of liability. The admissibility of retroactive legal provisions is justified in cases where they aim to improve an individual’s legal status, ensure the uninterrupted functioning of state institutions, or protect national security interests. Special attention is given to the principle of proportionality as a necessary criterion for determining the legitimacy of norms with retroactive effect. It is emphasized that an unjustified deviation from this principle may lead to legal uncertainty and a decline in public trust in state institutions. The article concludes that a cautious approach should be taken when introducing provisions with retroactive effect, especially in times of crisis. Clear legislative mechanisms are proposed to define the limits of permissible exceptions, ensuring a balance between legal certainty and public interest.