Implementation of the Regulations of the Verkhovna Rada of Ukraine under Martial Law: the Main Features

Abstract

The concept and essence of the implementation of the Regulations of the Verkhovna Rada of Ukraine under martial law are revealed. It is determined that its implementation is impossible without the functioning of parliament under martial law. It is highlighted that the key transformation of the implementation of the Regulations compared to peacetime is related to the extreme regime of performing parliamentary functions, which must be combined with expanded powers to protect the country, granted by the military leadership, as well as with certain temporary restrictions on constitutional rights and freedoms, which must be controlled by parliament.

It is found that the implementation of the Regulations under martial law has the following features: the absence of separate procedures focused on the conditions of martial law; it has not yet been brought into line with the Constitution of Ukraine, contrary to the requirements of the Constitution and the positions of the Constitutional Court of Ukraine; it is being implemented in the context of incomplete parliamentary reform; the dynamics of its implementation are marked by its selective application, which began with the adoption by the Verkhovna Rada of Ukraine of resolutions that partially replace the Rules of Procedure themselves in regulating parliamentary procedures; such implementation contributes to maintaining the governability and ensuring the continuity of the parliament's work; balancing the values of security and efficiency in parliamentary procedures has led to a temporary departure from the principle of parliamentary openness declared by the Rules of Procedure; The Rules of Procedure, while defining the important role of the Verkhovna Rada of Ukraine in the introduction of the legal regime of martial law, do not provide for effective means of parliamentary control over its implementation by the executive branch.

It is proved that the effectiveness of the implementation of the Regulations directly depends on the level of consistency of parliamentary procedures with the norms of the Constitution of Ukraine and adaptation to the extreme conditions of wartime. The importance of the principle of normative continuity and the need to improve parliamentary control procedures to ensure a balance between democratic legitimacy and security requirements are emphasised.

It is concluded that further modernisation of the Regulations should provide for the development of universal mechanisms for its implementation in special legal regimes aimed at preserving the stability of the legislative branch, increasing its institutional resilience and the transparency of parliamentary activities in conditions of prolonged armed aggression.