The Rule of Law: Peculiarities and Its Implementation During the Armed Conflict in Ukraine – A Comparative Analysis

Vladyslav Novitskyi¹, Volodymyr Demydenko², Andrii Andreikiv³, Lidiia Vdovichena⁴
and Oleksii Volokhov¹
1. Department of Theory of State and Law, V. M. Koretsky Institute of State and Law, National Academy of Sciences of Ukraine, Kyiv, Ukraine
2. Department of Constitutional Law and Human Rights, National Academy of Internal Affairs, Kyiv, Ukraine
3. Kyiv University “KAI”, Kyiv, Ukraine
4. Department of Public Law, Yuriy Fedkovych Chernivtsi National University, Chernivtsi, Ukraine
Correspondence to: Vladyslav Novitskyi, wissenschaftlerp@gmail.com

DOI:  https://doi.org/10.70389/PJS.100104

Additional information

• Ethical approval: This study is based solely on the analysis of publicly available legal documents. No human participants, personal data, or sensitive information were involved. Therefore, ethical approval and informed consent were not required. The research was conducted in accordance with academic integrity standards and adheres to the principles of responsible legal scholarship
• Consent:  N/a
• Funding: No industry funding
• Conflicts of interest: N/a
• Author contribution: Vladyslav Novitskyi: Conceptualization, Methodology, Supervision, Writing – review & editing; Volodymyr Demydenko: Investigation, Resources, Validation, Writing – review & editing;  Andrii Andreikiv: Data curation, Formal analysis, Software, Visualization; Lidiia Vdovichena: Writing – original draft, Formal analysis, Validation; Oleksii Volokhov: Project administration, Resources, Writing – review & editing
• Guarantor: Vladyslav Novitskyi
• Provenance and peer-review:
  Unsolicited and externally peer-reviewed
• Data availability statement: The study is based on publicly accessible legal documents, including the Constitution of Ukraine, national legislation, and international treaties. All sources used in the research are cited within the article. No additional datasets were generated or analyzed during the current study

Keywords: Martial law governance, International humanitarian law integration, Post-war legal reconstruction, Emergency legislation adaptation, Municipal decentralization reforms.

Peer Review
Received: 1 August 2025
Last revised: 26 August 2025
Accepted: 27 August 2025
Version accepted: 3
Published: 11 September 2025

Plain Language Summary Infographic

Highlights

• The concept of the rule of law has evolved from a strict positivist view to embrace natural law principles—such as justice, freedom, equality, and humanism—reflecting modern international perspectives.
• Under martial law in Ukraine, the rule of law is essential for maintaining legal stability and safeguarding fundamental citizen rights, integrating both legal and moral dimensions.
• The alignment of Ukraine’s national legislation with international legal standards (UN, Council of Europe, EU) reinforces the resilience of democratic institutions and law enforcement during conflict.
• This study fills gaps in prior research by focusing specifically on how the rule of law functions under martial law and offers concrete recommendations for postwar legal system restoration, including judicial reforms and anticorruption strategies.
• It highlights the critical role of municipal law in maintaining local order and proposes enhanced legal protections for internally displaced persons and war victims during Ukraine’s postwar reconstruction.

Introduction

The problems of defining the fundamental political and legal values and principles that should be the basis for the organization of public administration, both from a historical perspective and in the current situation, remain key in legal science. It defines the limits of the exercise of power, ensures the legitimacy of decision-making, and acts as the main limiter of possible abuse of power.¹ In the modern legal discourse, the concept of the rule of law is one of the most important fundamental principles of a democratic society. Its development took place within the Anglo-Saxon legal tradition, but it has become widespread in the continental legal system as well. Nevertheless, there are certain differences between these concepts due to the peculiarities of their historical development and national legal order.² However, regardless of the legal tradition, the rule of law performs the state-forming function of restraining state power, ensuring its accountability to society and compliance of its actions with democratic principles. At the present stage, the outlined research questions are of particular importance in the context of military conflicts and confrontations, when the state faces unprecedented challenges that require effective governance, preservation of democratic values, and ensuring law and order. In wartime, the state is forced to balance the need for prompt decision-making with the observance of constitutional norms and human rights. The rule of law principle in such conditions becomes not only a means of legal regulation, but also a safeguard against the usurpation of power, excessive restriction of civil rights, and arbitrariness of officials.³

An analysis of the peculiarities of public administration in wartime shows that national legal orders often change under the influence of military threats. These provisions directly relate to both the content of the rule of law and its practical application. In view of this, the need to study the rule of law as a principle of public administration in wartime is extremely relevant. A study of the practical aspects of its implementation will allow assessing the effectiveness of legal mechanisms for restraining the government apparatus, as well as developing recommendations for ensuring law and order and for preserving democratic principles even in critical military conditions. The study will focus on examining the mechanisms for implementing the rule of law in a state of martial law, assessing the effectiveness of legal means of protecting human rights in crisis situations, and analyzing the impact of international legal standards on the transformation of national legislation.

Literature Review

The study of the essence of the rule of law is impossible without realizing the multidimensional nature of law as a social phenomenon, which determines its definition, interpretation, and application in the field of public administration. As noted by Addink⁴ and Halmai,⁵ understanding the essence of law allows us to determine the role of the state in the processes of lawmaking and law enforcement, as well as to identify objective patterns of development of legal relations. This makes it possible to assess the real capabilities of the state and the judiciary in implementing the rule of law. According to Dike,⁶ Mahmutovic and Alhamoudi,⁷ and Rosenfeld,⁸ the leading role of law as a sociolegal phenomenon implies a harmonious interaction of fundamental human rights, social institutions, and state power, which ensures their coordinated implementation. This origin of the principle departs from the traditional concept of the rule of law, which identifies law exclusively with state-established or authorized norms.⁹ Instead, the rule of law is based on key categories of natural law, such as justice, freedom, equality, and humanism.

Korostashyvets¹⁰ and Oliinyk¹¹ state that the Constitutional Court of Ukraine defines the principle of supremacy as the dominance of right-wing relations in society, which requires the state to implement this principle in all areas of lawmaking and law enforcement. At the same time, laws must comply with the ideals of social justice, freedom, and equality. An important aspect is that law is not limited to legislative norms, but also includes other social regulators—moral norms, traditions, customs, and principles of law that have historically developed in society and gained its legitimization.¹² A number of studies by Loewenstein¹³ and Summers¹⁴ have determined that a fundamental component of the rule of law is the creation of a public administration mechanism that makes it impossible to use power arbitrarily, including its discretionary use. This means that any offense may entail legal liability only upon a court decision made in accordance with due process. The concept of ultra vires, which has been developed in the legal orders of the United Kingdom and other democratic countries, deserves special attention.

Agarwal¹⁵ and Webber¹⁶ distinguish between legal systems that implement the rule of law and those that grant state authorities a wide discretionary set of powers. Another important aspect of the rule of law is ensuring equality of all citizens before the law, regardless of social status, which implies the general jurisdiction of state courts and the obligation to comply with existing legal norms.¹⁷ As noted by Kleinlein¹⁸ and Sunstein,¹⁹ the rule of law is not just a legal category, but a moral dimension of the functioning of public authorities. Among the key postulates are the priority of legal norms over personal decisions of officials, the rejection of the instrumentalization of law, and legal regulation based on the principles of equality and justice. The works of Cejie,²⁰ Ryabets,²¹ and Szwed²² present a thorough study of the essence of the object of study in the expression of the rule of law, and the researchers pay special attention to its connection with legal certainty and the permissible limits of public authority discretion. A similar approach is professed by Kristjánsson²³ and Veraldi,²⁴ who consider the issue of supremacy not only as a constitutional and legal principle, but also as an important political ideal.

The legal basis of the rule of law, recognized as a universal principle and internationally recognized for its importance when in 2005 the UN member states in the final document of the World Summit (§134) recognized the need to ensure and in the Preamble and Article 2 of the Treaty on European Union it was enshrined as one of the key values that unite the EU countries, This is further emphasized in the 2014 document of the European Commission “New Principles for Strengthening the Rule of Law,” which states that this principle is gradually becoming the main model for the organization of modern constitutional law and the activities of international institutions aimed at regulating state power, especially in the context of military conflicts, when more and more states include it in their constitutions as a guideline in crisis situations.^25,26 At the international level, the UN has proclaimed the leading position of the rule of law, and its importance is emphasized in the documents of the Organization of American States, such as the Constitutive Act of the Inter-American Democratic Charter of the African Union, as well as in the official documents of the League of Arab States, where this principle is considered as a basis for maintaining law and order even in difficult conditions.²⁷

In the work of the Council of Europe itself, the rule of law occupies a prominent place, as the preamble to its Charter defines it as one of the three fundamental principles underlying true democracy, along with individual liberty and political freedom, and Article 3 of the Charter states that respect for this principle is a prerequisite for the accession of new members to the organization, which is especially important in times of war, when the stability of democratic institutions and the protection of human rights become critical.^1,28 In the key documents of the Council of Europe, including conventions and recommendations, the rule of law is constantly mentioned as an integral part of the common heritage, in particular in the preamble of the European Convention on Human Rights, as well as in Resolution Res (2002) 12, which established the European Commission for the Efficiency of Justice (CEPEJ), where it is defined as the basis of European democracies, and in the Statute of the Venice Commission, which emphasizes its priority, but no clear definition of this principle is provided in the Council of Europe documents, which makes it difficult to apply it in times of war, when specific control mechanisms are needed.²⁹ Nevertheless, the Council of Europe—through its institutions, such as the European Court of Human Rights, the Venice Commission, and the Group of States against Corruption (GRECO)—actively promotes the spread and strengthening of the rule of law.³⁰

The 2011 report of the Venice Commission, adopted at the 86th plenary session, examined key aspects of the rule of law in the context of Parliamentary Assembly Resolution 1594 (2007), emphasizing the need for a clear interpretation of this term in the spirit of legality and due process.³¹ A checklist for assessing its observance in individual states has been proposed, which can serve as a tool for analyzing the effectiveness of legal governance during war, when all regulations and actions of the authorities should be aimed at protecting human dignity, freedoms, and rights in accordance with the natural law theory.³² At the same time, the reviewed studies demonstrate common features in the understanding of this principle, namely, the subordination of state power to law and the limitation of its discretionary powers. In the context of martial law, the application of this principle in crisis situations is of particular importance, which requires further scientific understanding and development of effective legal mechanisms for its implementation. The aim is to study the formats of application and development of the rule of law as a fundamental principle of the rule of law in the context of its practical implementation in Ukraine during martial law.

Research Methodology

In the course of the study, a number of scientific methods were used to comprehensively analyze the features of this principle on the basis of Ukrainian legislation. The method of induction was used to study the genesis, essence, and practical implementation of the rule of law in Ukraine, where the analysis of individual elements, such as the stages of formation of this principle, approaches to its definition in times of war and the specifics of its implementation in the national legal order, allowed the author to formulate general conclusions regarding its role in the governance of the state during martial law. The method of deduction was used, which helped to draw partial conclusions based on general provisions, for example, regarding the specifics of the rule of law in Ukraine in the context of the lack of power of courts to cancel acts of the Verkhovna Rada of Ukraine, even if there are doubts about their compliance with constitutional principles, which reflects the peculiarities of national constitutional control in wartime. The functional method was necessary to identify the role of the rule of law and its individual manifestations in the system of constitutional and legal regulation of Ukraine, in particular, in ensuring the stability of governance and protection of human rights during the military conflict.

The method of comparison is used to compare the current legislation of Ukraine with the proposed amendments aimed at adapting the rule of law to the conditions of war, in order to identify similarities and differences, as well as to analyze different doctrinal positions on the need to reform the legal system during this period. The formal legal method was used to analyze the content of Ukrainian legal acts, such as the Constitution, laws, and decisions of the Supreme Court and the Constitutional Court of Ukraine, as well as judgments of the European Court of Human Rights. The paper analyzes six provisions of the Constitution of Ukraine (Articles 3, 8, 17, 19, 64, and 106) that define the priority of human rights, the principles of the rule of law, and the peculiarities of the functioning of power in wartime. A number of laws are examined, including the Law on the Legal Regime of Martial Law, the Law on the Defense of Ukraine, and the Law on the Legal Status of Missing Persons, as well as acts regulating the powers of public authorities. A number of resolutions of the Supreme Court of Ukraine issued after 2022 are also analyzed, in particular regarding the observance of the procedural rights of military personnel.

The ECHR’s criteria for selecting cases included: (1) relevance to the Ukrainian context, in particular cases against Ukraine or those concerning occupation and armed conflict;³³ (2) significance for the development of human rights standards in a state of martial law; and (3) novelty and relevance of the decision for the current legal discourse. The criteria for selecting decisions of the Supreme Court of Ukraine were based on the following parameters: (1) cases demonstrating the implementation of international norms into domestic law; (2) decisions that have precedential value for the practice of lower courts; and (3) examples where the rights of military personnel, internally displaced persons, or the legality of actions by authorities in emergency situations are considered. Timeliness was also taken into account: the analysis covers decisions made after 2022 that directly reflect the transformation of the Ukrainian legal system during the armed conflict. Thus, the cases presented serve not only as illustrative material but also as confirmation of key trends in the development of the rule of law in Ukraine.

Results

International Legal Framework for the Rule of Law

The essence and practical implementation of the rule of law principle as the basis of governance are deeply connected with the peculiarities of the constitutional order of each individual country, where in states with written constitutions it is the text of the basic law that creates the necessary preconditions for ensuring legal guarantees that in a modern democratic society are aimed at the proper functioning of public authorities, in particular, the legally elected parliament, as well as at protecting basic human rights and freedoms, which is especially important in times of war. The rule of law is a fundamental principle that ensures the stability of public administration, promotes sustainable social and economic development, increases the accountability of state institutions, and guarantees the observance of human rights and freedoms. In the context of martial law, this principle is of particular importance, as it defines the framework of state activity, setting limits for the authorities to prevent human rights violations and guarantee their protection in accordance with the norms of domestic and international humanitarian law. The development of the rule of law during martial law requires the use of clear indicators to assess its stability and effectiveness in crisis situations. The analytical framework should include both quantitative and qualitative indicators. Quantitative indicators should include:

1. The number of national court decisions in which international humanitarian law has been directly applied
2. The percentage of court proceedings conducted in accordance with the principle of fair trial
3. Statistics on restrictions on rights and freedoms and their duration
4. The level of access to legal protection for internally displaced persons and military personnel

Qualitative indicators include: the degree of independence of the judiciary as assessed by international organizations; the effectiveness of parliamentary and public oversight of the executive branch; and the level of public trust in justice institutions. It should be noted that the rule of law is not only a legal but also a political category that forms the basis of public administration in a democratic society. Failure to adhere to this principle in any area of state activity may lead to the usurpation of power, disregard for citizens’ rights, and the emergence of legal arbitrariness. The absence of effective legal regulation in times of crisis, in particular in wartime, makes it impossible to implement legal reforms, undermines the legitimacy of the judiciary, and poses threats to the preservation of statehood itself. Given the military challenges facing Ukraine, an important task of state policy is to implement international rule of law standards in the domestic legal framework, notary, notary office, and notarial jurisdiction. This is especially true of international humanitarian law, which sets clear limits on the use of military measures.³⁴

One of the key aspects to be taken into account during Ukraine’s postwar recovery is the creation of an effective mechanism for monitoring the activities of public authorities that would prevent abuse of power and ensure that decisions made comply with international legal standards. Municipal law will play an important role in this process, as it ensures the effective functioning of local governments, promotes the realization of civil rights and creates the preconditions for decentralization of power. According to international legal standards, the concept of the rule of law includes the following fundamental principles:

1. Priority of international law over domestic legislation, especially in the area of human rights protection and international security
2. Guarantee of human rights and freedoms as the highest legal value that cannot be limited by state interests
3. Compliance of the national legislation with the basic law—the Constitution of Ukraine, which stipulates that all legal acts of the state authorities must comply with constitutional norms and principles
4. Actual implementation of the rule of law, which implies not only the adoption of high-quality laws but also their effective implementation in practice
5. The separation of powers based on a balance between the legislative, executive, and judicial branches of government, as well as checks and balances
6. Guaranteed access to justice for all citizens, including military personnel and civilians who have suffered from war crimes
7. Independence of the judiciary, which excludes any political or administrative influence on court decisions
8. Transparency of the authorities and the fight against corruption, which ensures the effectiveness of public administration and strengthens public confidence in the legal system

Another threat is the preservation of democratic institutions during the period of military operations, as political freedoms and citizens’ rights may be restricted in wartime. At the same time, the rule of law must ensure that all such restrictions are temporary and justified by the need for national security, and that the legal regime is restored in accordance with constitutional norms after the end of hostilities.² One of the key challenges of the current stage is the need to harmonize national legislation with international standards, which is especially relevant in the context of martial law and postwar reconstruction. In the context of armed conflict, there is a risk of deviation from legal norms when state authorities are forced to make decisions in extreme conditions, which can lead to human rights violations (Table 1). Ukraine’s postwar recovery will require not only economic and infrastructural modernization, but also reform of the legal system to ensure effective justice, fight corruption, and implement international standards of legal regulation. In this context, an important area is the development and implementation of a national methodology for assessing the rule of law, which will allow for regular monitoring of the situation in the legal sphere and timely remediation of shortcomings.

Table 1: Key principles of ensuring the rule of law during the war and postwar reconstruction of Ukraine.
Rule of Law Aspect	Meaning	Challenges in Times of War	Postwar Perspectives
Ensuring the functioning of the national and international legal framework	Guarantee of rights as the highest value, limitation of power for their protection	Risk of disruption due to extreme conditions	Creating mechanisms to control the government
Compliance with international standards	Priority of international law, harmonization of national legislation with it	Restriction of freedoms due to national security	Implementation of standards for justice
Independence of the judiciary	Exclusion of political influence, ensuring access to justice	Undermining the legitimacy of courts in times of crisis	Reforming the judicial system
Separation of powers	Balance between branches of government, system of checks and balances	Usurpation of power through martial law	Decentralization and strengthening of self-government
Transparency and fight against corruption	Efficiency of governance, public trust in the legal system	Legal arbitrariness in times of crisis	Developing a methodology for assessing the rule of law
Source: Compiled by the authors.

The Rule of Law at the Domestic and International Levels: Dynamics of Interaction

According to the Constitution of Ukraine, international law, including international humanitarian law, is an integral part of the national legal order. The implementation of international rule of law standards into domestic law contributes to the strengthening of democratic institutions and the rule of law under martial law.³⁵ The influence of international standards on the establishment of the rule of law in Ukraine is reflected in the process of harmonization of national legislation with international legal norms, which is a prerequisite for European integration. Municipal law is of particular importance in this process, as local self-government plays a significant role in ensuring law and order and in protecting the rights of citizens in difficult wartime conditions. The national judicial system plays a key role in the development and application of the rule of law at the domestic level. In its legal opinions, the Constitutional Court of Ukraine has repeatedly emphasized that the rule of law is a fundamental principle that defines the relationship between the state, citizens, and local governments. The application of this principle requires the judiciary to develop a unified, stable, and predictable judicial practice:

• Ensuring legal equality of all citizens before the law
• Observance of the principle of fair trial
• Inadmissibility of arbitrary restriction of individual rights and freedoms
• Ensuring effective legal protection in case of violation of citizens’ rights

In this context, the implementation of international humanitarian law, which defines standards for the protection of human rights during armed conflict, is of great importance. Given martial law, Ukraine’s judicial system is obliged to ensure fair justice and respect for constitutional human rights guarantees even in emergency situations.³⁶ The application of this principle in times of war is aimed at:

• Preventing abuse of power by state authorities
• Observance of human rights in accordance with international humanitarian law
• Ensuring legal protection of military personnel and civilians
• Regulating the activities of local governments in emergency situations

Municipal law plays a special role in this process, as it is local governments that bear significant responsibility for ensuring the safety of citizens, legal order, and the functioning of infrastructure in the regions affected by the hostilities. Ukraine’s postwar recovery will require significant reform of the legal system to adapt it to the new socioeconomic realities and requirements of international law. The following should be important areas of reform:¹⁰

• Strengthening the independence of the judiciary
• Improving anticorruption mechanisms
• Introduction of effective procedures for legal protection of the rights of internally displaced persons and victims of war
• Improving the efficiency of public administration through decentralization and the development of municipal law (Table 2)

Table 2: Equal interaction of the rule of law in the context of the war in ukraine and future postwar reconstruction.
Factor Components of the Legal System	Content	Problems of Implementation Under Martial Law	Prospects for Transformation and Development
Implementation of international law	Harmonization of national legislation with international standards	Restriction of rights due to emergency conditions	Adapting to the requirements of European integration
The role of the judicial system	Ensuring fair justice and constitutional guarantees	Instability of judicial practice	Strengthening the independence of the courts
Municipal law	Ensuring law and order and protection of rights through local self-government	Destruction of infrastructure in the regions	Development of decentralization and security
Protection of human rights	Observance of humanitarian law, prevention of abuse of power	Risk of arbitrary restrictions on rights	Protection of internally displaced persons and war victims
Stability of public administration	The basis of legal order and effective functioning of the state	Abuse of power in a crisis	Improving anticorruption mechanisms
Source: Compiled by the authors.

The development of the internationalized principle of the supreme role of law in Ukraine as the basis of governance in times of war is an important area for governance in times of war is an important area that reflects the convergence of domestic law with international standards, in particular through the existence of common elements between national and international rule of law principles, as well as their mutual influence, which is manifested in court practice and dialogue between courts of different jurisdictions. This process, which can be traced back to Ukrainian legislation, in particular the Constitution (Article 8, which proclaims the rule of law as a fundamental principle) and the Law of Ukraine “On International Treaties of Ukraine,” indicates the prospect of forming a unified, internationalized approach to the rule of law that covers both domestic and international spheres of regulation, which is especially relevant in the context of martial law, when Ukraine is forced to harmonize its legal norms with international humanitarian law.

In particular, in the case of Ukraine v. Russia (Crimea),³³ the Court confirmed for the first time at the interstate level systematic human rights violations under occupation, including violations of the right to property, freedom of movement, freedom of expression, and the prohibition of discrimination. This decision was of fundamental importance for the development of the principle of the rule of law, as it establishes the international legal responsibility of a state for actions that violate the European Convention on Human Rights and outlines Ukraine’s obligations to protect its citizens even in a situation of limited effective control over the territory. In addition to judicial practice, the 2023 amendments to the Law of Ukraine “On the Legal Regime of Martial Law”³⁷ should be highlighted. These amendments detailed the functioning of state authorities and local self-government bodies under martial law, established additional guarantees for the protection of the rights of the civilian population, and clarified the mechanisms of the judicial system and parliamentary control. Such adjustments are aimed at increasing the transparency of decisions made by public authorities, limiting the discretionary powers of military administrations, and ensuring that domestic legislation complies with international human rights standards.

The trend toward the internationalization of the rule of law in Ukraine is clearly evident in the practice of national courts, such as the Supreme Court, which increasingly refer to international acts, in particular the judgments of the European Court of Human Rights, as well as the provisions of the Universal Declaration of Human Rights and other UN documents related to this topic. While earlier UN documents, such as the 2005 World Summit Outcome Document (§134), focused on specific tasks of strengthening the rule of law within states and in interstate relations, the 2012 report of the UN Secretary-General contains a separate section on “Strengthening the link between the national and international levels,” which directly points to the need to deepen the interaction between Ukraine’s domestic law and international principles, which is critical in the context of war, when the country needs a coordinated approach to ensuring the rule of law.^32,38

In doctrinal terms, there is also a growing consensus that the rule of law in Ukraine should be viewed not only as a national principle of governance, but as a common, integrated standard that unites different legal systems, allowing for a more effective response to wartime challenges such as the protection of human rights, state accountability to the population, and preparation for postwar reconstruction. This approach is supported by the implementation of international norms in domestic legislation, in particular through the ratification of international treaties that become part of national law in accordance with Article 9 of the Constitution of Ukraine, as well as through the work of courts that take into account international experience to ensure justice and legality in wartime.³⁴

The Law of Ukraine “On Law-Making” does not single out emergency laws as a separate group, although it regulates the specifics of adopting normative legal acts during a state of war or emergency. According to Article 7 of this law, during a state of war or emergency in Ukraine or in certain areas thereof, the legal regime of an area of ecological emergency, and if there is no objective possibility of fully complying with the requirements of this law, subjects of lawmaking activity may adopt (issue) normative legal acts without complying with certain requirements of the law listed below (Table 3).

Table 3: Exceptions to compliance with legal requirements for normative acts issued during a state of war, emergency, or ecological emergency in Ukraine.
Article of the Law	Requirements of the Law that Do Not Apply to the Development and Adoption of Emergency Legislation
Article 20. Public policy documents	Development of public policy documents to identify problems in social relations and optimal ways to solve them
Article 21. Analytical public policy documents	Development of analytical public policy documents (green paper, impact assessment, white paper, project concept) for the preparation of regulatory acts
Article 22. Public policy forecast documents	Development of legal forecasting documents by lawmaking entities based on recommendations from scientific and technical entities providing support for lawmaking activities
Article 23. Public policy program documents	Development of public policy documents that reflect priority areas for public policy development, and define and justify strategic public policy objectives
Article 24. Principles of planning lawmaking activities	Adoption of current planning (up to 1 year) and long-term planning (more than 1 year) to ensure the predictable development of public policy
Article 25. Specifics of planning lawmaking activities for the development of draft laws	The need to approve the Verkhovna Rada’s draft legislation plan for the current year and to approve the Cabinet of Ministers’ program of activities regarding lawmaking
Article 26. Specifics of planning lawmaking activities for the development of draft subordinate regulatory legal acts	The planning of the development of subordinate regulatory legal acts is carried out taking into account the legislative agenda of the Verkhovna Rada of Ukraine
Article 27. Concept of a draft regulatory legal act	Development of concepts for draft regulatory acts, draft codes, or primary legislation
Paragraphs 2, 4, and 5 of Article 29. Development of a draft regulatory act	The development of a draft regulatory act includes assessing the impact of the draft regulatory act, providing organizational and technical support for the preparation of the draft, and conducting public consultations
Article 30. Assessment of the impact of a draft regulatory act	Assessment of the impact of the draft regulatory act on social relations and its reflection in the explanatory note
Article 45. Public consultations	Conducting public consultations on a draft regulatory act by a lawmaking entity and/or other entity authorized by law
Source: Compiled by the authors.

Thus, the peculiarities of adopting emergency legislation lie in the fact that normative legal acts are adopted without planning, developing a draft concept, assessing the impact on social relations, assessing the draft’s compliance with Ukraine’s obligations in the field of European integration and EU acquis, and without organizational and technical support for the preparation of the draft act, public consultations, etc. Laws adopted during the specified period are also not subject to the requirements of Section XII regarding legal monitoring, although such monitoring is carried out as a matter of priority for adopted laws after the special legal regime is abolished. At the same time, these exceptions, although temporary, increase the risk of legal violations when adopting such laws. Strengthening the rule of law in Ukraine is becoming a strategic task that should determine the legal policy of the state not only in wartime, but also at the stage of postwar reconstruction. This requires not only adopting new laws and international agreements, but also ensuring their effective implementation, creating real mechanisms for compliance with legal norms, and fostering a culture of legal responsibility among the authorities and civil society.

One of the key aspects of the rule of law in Ukraine as a principle of governance is the concept of limited government, which is not so much a normative norm as an organizational characteristic of the rule of law, which is especially important in times of war when it is necessary to clearly define the limits of state power and its interaction with domestic law. This aspect relates to the fundamental question of the relationship between law and the state, which is manifested in the consideration of complaints related to the abuse of power by state bodies, problems of vertical and horizontal separation of powers, as well as the application of municipal law at the local level under martial law. The highest courts of Ukraine, in particular the Supreme Court, have consistently emphasized in their decisions the need to comply with this principle, stating that the legislator has no right to grant unlimited discretionary powers to executive authorities, but must define clear limits to their freedom of action, as vague rules can lead to arbitrary interpretation, discriminatory application and violation of citizens’ rights, which is especially critical in times of war when the stability of the legal order is a guarantee of protection of society.³⁹

The interaction of Ukraine’s domestic law with international law takes the form of a “feedback loop” when the state promotes the implementation of the international rule of law within its jurisdiction, in particular through the fulfillment of human rights obligations under international treaties, which is critical to guaranteeing the rights of citizens during war and preparing for postwar reconstruction.³ This is manifested in the activities of the courts, which, based on the decisions of the European Court of Human Rights, adopt domestic regulations and court decisions aimed at protecting the rights of citizens and the responsibility of the state to the population in the controlled territory. The growing interdependence of international law and Ukraine’s domestic law emphasizes that the successful enforcement of the rule of law at the global level depends on its implementation at the national level, which in turn relies on the system of government and the strength of legal institutions, which are under considerable pressure in times of war.²¹ Domestic mechanisms play a key role in the implementation of international principles, as the absence of external instruments to implement such norms in the national jurisdiction is compensated by the adoption of relevant laws, regulations, and court decisions that ensure the fulfillment of international obligations.

For example, in Israel, which is in a state of prolonged armed conflict, the legal system is based on a clear concept of restricting rights only in exceptional cases. The Israeli Supreme Court has repeatedly confirmed that even in times of military threat, the state is obliged to adhere to the principle of proportionality, as in the case of Public Committee against Torture in Israel v. Government of Israel,40 where the court ruled that human rights cannot be completely suspended even for the sake of national security. This approach is similar to the practice in Ukraine, where, according to Article 64 of the Constitution, rights may be restricted only within the limits established by law and taking into account international obligations. By comparison, in Turkey, during the state of emergency following the 2016 coup attempt, there was a significant restriction of rights and freedoms. Although the government justified these actions on the grounds of military necessity, the European Court of Human Rights (case of Alparslan Altan v. Turkey, 2019)⁴¹ found violations of the principles of independence of judges and due process. Against this backdrop, Ukraine’s approach appears more balanced and focused on the rule of law, in particular through the preservation of the functioning of the judicial system, the accountability of decisions taken by the authorities, and ongoing cooperation with international organizations.⁴⁰

Ukraine’s acquisition of EU candidate status formalized its European integration prospects and marked the beginning of a new stage in its relations with the EU. This status gave additional impetus to the implementation of a range of internal reforms in various areas and opened access to special EU financial programs to prepare for accession. It should be noted that on March 18, 2024, the CMU approved the Ukraine Facility Plan, which provides for more than a hundred reforms in 15 sectors, including intellectual property, to be implemented by the government and parliament over the next 4 years for the development and recovery of Ukraine, as well as the formation of effective national legislation in line with European standards.³² In other words, in order to harmonize legislation with the EU acquis, a methodology is needed that provides special tools for balanced and effective lawmaking and subsequent law enforcement. This methodology for implementing European integration reforms should include, in particular:

• The selection of areas for harmonization of laws and the identification of competent state bodies to carry out this harmonization
• Accelerated procedures for the adoption of draft laws aimed at harmonizing legislation with EU law
• Compliance with international standards of lawmaking and national legislative techniques, as well as best practices in lawmaking among EU member states
• Taking into account European principles of law enforcement

The choice of areas for European integration reform should be based on a clear division of powers between sectoral ministries and parliament. It is essential that all EU acquis that needs to be approximated in accordance with the Association Agreement between Ukraine and the EU be allocated to sectoral ministries, which will take responsibility for leading the harmonization processes.⁴² In particular, the results confirm the need for systematic implementation of the rule of law standards as a prerequisite for effective interaction between state authorities and international donors, including the EU, the Council of Europe, the United Nations Development Program, the International Monetary Fund, the World Bank, and the United States Agency for International Development. These actors are key partners in developing strategies for reforming the judiciary, strengthening anticorruption mechanisms, ensuring legal protection for vulnerable groups, and developing municipal governance.⁴³

Recommendations for developing a policy on the rule of law in Ukraine:

1. Strengthen the independence of the judiciary. Ensure transparent procedures for the selection and career advancement of judges based on merit, in line with international standards. Responsible institution: High Council of Justice, High Qualification Commission of Judges of Ukraine.
2. Improve legislation on martial law. Develop clear criteria for temporary restrictions on rights and freedoms, ensuring a balance between security and human rights. Responsible institution: Verkhovna Rada of Ukraine.
3. Institutionalize parliamentary oversight. Expand tools for monitoring the activities of the executive branch and military administrations during martial law. Responsible institution: Verkhovna Rada Committee on Legal Policy.
4. Develop mechanisms to protect internally displaced persons. Introduce simplified procedures for access to justice and administrative services. Responsible institution: Ministry for Reintegration of Temporarily Occupied Territories.
5. Anticorruption measures in the field of defense procurement. Ensure independent audit and digitization of procedures. Responsible institution: National Anti-Corruption Bureau of Ukraine, Accounting Chamber of Ukraine.
6. Monitoring human rights in wartime. Establish an integrated system for collecting and analyzing data on violations of citizens’ rights. Responsible institution: Office of the Ukrainian Parliament Commissioner for Human Rights.

The implementation of the legal recommendations outlined in the study can be integrated into framework documents, including the National Recovery Plan for Ukraine, the Strategy for the Reintegration of De-Occupied Territories, and the updated Association Agreement with the EU. All these documents contain provisions on legal reform as a key indicator of the sustainability of public administration.⁴⁴ At the practical level, the proposed approaches will ensure the transparency of public decisions, strengthen trust in institutions, and enhance Ukraine’s capacity as a state governed by the rule of law.

Discussion

The analysis of the concept shows its transformation from a positivist approach to a natural law paradigm, which is consistent with the theses of Addink⁴ and Halmai⁵ on the interconnection of legal foundations and the development of state institutions, as well as with the views of Dike6 and Mahmutovic and Alhamoudi,⁷ who consider the rule of law as a complex sociolegal phenomenon that harmonizes human rights, social structures, and power. The concept of the rule of law as a universal principle that integrates legal and moral dimensions is supported by Sunstein¹⁹ and Kleinlein,¹⁸ who emphasize the need for the authorities to be subject to legal norms and the inadmissibility of arbitrary law enforcement. This correlates with our conclusion about the key role of the rule of law under martial law as a tool for ensuring legal stability and protecting basic rights of citizens. At the same time, the results partially disagree with the traditional positivist interpretation of law described by Pyvovar and Kira,⁹ emphasizing instead natural law principles such as justice, freedom, equality, and humanism, which is in line with the modern international approaches of Pech²⁸ and Polak,¹ who define the rule of law as a political and legal category that limits the arbitrariness of the authorities.

The study builds on the contributions of Cejie,²⁰ Ryabets,²¹ and Szwed,²² who emphasize legal certainty and limitation of discretionary powers, confirming their importance for the stability of the state in wartime. The novelty of the work lies in the analysis of the application of the rule of law during martial law, complementing the works of Kristjánsson²³ and Veraldi,²⁴ which insufficiently cover this aspect. The practical significance is reinforced by international acts (UN, Council of Europe, EU), in particular the 2005 document (§134), which emphasizes the universality of the principle and its dependence on compliance with international standards. Thus, the study expands the scientific discourse by proposing new approaches to the leading role of law in crisis conditions, which will be useful for the science and practice of public administration.

Conclusion

The author examines the mechanisms for implementing the rule of law principle in the activities of international institutions such as the European Court of Human Rights, the Venice Commission, and the UN, which develop legal standards for states. Special legal approaches to the implementation of this principle under martial law are highlighted, which became the basis for formulating the key components of its effective state application. The author develops recommendations for the implementation of international rule of law standards in the national legislation of Ukraine, taking into account the norms of international humanitarian law governing the protection of civilians during armed conflicts. Effective mechanisms for restoring the legal system of Ukraine after the war are proposed, including the introduction of a system of supervision over the activities of state bodies.

It has been determined that the rule of law within modern Ukraine should become a fundamental instrument for preserving statehood, protecting human rights, and ensuring the legitimacy of public administration in wartime. The study confirms that the development of this principle requires a comprehensive policy that includes strengthening the independence of the judiciary, transparency of the executive branch, improving legislation on martial law, and strengthening anticorruption mechanisms. Ukraine’s experience shows the importance of harmonizing national law with international standards, in particular the practice of the ECHR. Further development of the rule of law will be the foundation for postwar reconstruction, democratization, and Ukraine’s integration into the European legal space.

The author proposes specific legal mechanisms for strengthening the rule of law in Ukraine, including improving the efficiency of the judicial system, implementing anticorruption measures, and creating legal protection mechanisms for internally displaced persons and war victims. The importance of municipal law in ensuring law and order at the local level and the need to adapt it to the new challenges associated with the postwar reconstruction of the country are assessed. It is advisable to legislate clear limits on the discretionary powers of executive authorities in order to avoid the risk of legal arbitrariness. Parliamentary and judicial oversight of decisions taken under the emergency legal regime should be strengthened, and the proper functioning of the ombudsman and constitutional complaint institutions should be ensured. It is recommended to establish an indicative system for monitoring human rights in wartime, with the possibility of involving international partners. Legislation on the transparency of the actions of security and defense agencies needs to be improved. Considerable attention should be paid to developing mechanisms to protect the rights of internally displaced persons and victims of conflict in the context of ensuring their access to justice.

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Cite this article as:
Novitskyi V, Demydenko V, Andreikiv A, Vdovichena L and Volokhov O. The Rule of Law: Peculiarities and its Implementation during the Armed Conflict in Ukraine – A Comparative Analysis. Premier Journal of Science 2025;13:100104

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