КОНСТИТУЦІЙНО-ПРАВОВІ ПРИНЦИПИ НАЦІОНАЛЬНОЇ БЕЗПЕКИ ТА ОБОРОНИ УКРАЇНИ
Authors: Demchyna Yaroslav ,   Львівський національний університет імені Івана Франка
Published: July 2024

The article is devoted to the study of legal principles that operate in the conditions of the implementation of measures for the national security and defense of Ukraine, both in the conditions of the normal functioning of the legal system of Ukraine, and in the normal conditions of the functioning of this system. The relevance and importance of this article is determined by the threats and challenges faced by the democratic constitutional system in Ukraine after the introduction of the legal regime of martial law, as the highest form of restriction of the rights and freedoms of a person and a citizen. After the start of the full-scale invasion of the Russian Federation, Ukraine faced challenges that no country in the civilized world had ever faced before. These challenges entailed inevitable changes in the life processes of society, which at the time of the events of 02/24/2022 had already sufficiently experienced the Russian aggression in certain areas of the Donetsk and Luhansk regions, Russia's annexation of the Crimean Peninsula, and the epidemic of the CoVID-19 viral disease. In turn, these changes pose new challenges to lawmakers at all levels regarding the creation of effective legal mechanisms aimed at implementing measures for the national security and defense of Ukraine. The development of any branch of legislation begins with an awareness of the legal nature of relations subject to legal regulation. This legal nature is usually enshrined in legal principles, which, in addition to the function of a «legal guide» for rulemaking and law enforcement, perform both a regulatory function (in terms of eliminating conflicts) and an ideological function (in terms of establishing the direction of legislation), international (which allows for differences in legal procedures and even in the presence of different legal systems to find points of contact with other states with a democratic constitutional system and legal principles similar to ours), civilizational (which is similar in many ways to the international function, but primarily aimed at moral values, which are embedded in these legal principles and which allow Ukraine to be attributed to a certain civilization) function. This article examines both the Constitutional principles that are inherent exclusively to the field of national security and defense of Ukraine, and the principles that are enshrined in other acts of legislation that exist in their unbroken connection with the norms of the Constitution of Ukraine and regulate the subject of legal relations that arise in the field of national security and defense of Ukraine. In addition, the general legal principles, which, together with other branches of law, also regulate the national security and defense of Ukraine, were analyzed and interpreted. change the scope of their legal regulation. The article analyzes and provides a scientific basis for special principles that operate exclusively in the conditions of a special period of functioning of the national security system of Ukraine, as well as general principles inherent in this field, which function regardless of the introduction of a special period on the territory of Ukraine. In addition, scientific sources were analyzed in which certain aspects of this article were studied, as a result of which the principles of national security and defense of Ukraine were systematized into a single whole, after which a terminology was proposed to define the principles that exist in national legislation, but which are currently neglected scientific community. Keywords: national security of Ukraine, defense of Ukraine, Constitution of Ukraine, legal principles, legal regime of martial law, legal restrictions.