Ivasyk S. M. Constitutional and Legal Foundations for the Functioning of Parliament in Extraordinary Situations. – Qualification scientific work submitted as a manuscript.
PhD thesis to obtain the degree of Doctor of Philosophy in the Programme Subject Area 081 «Law» (08 – Law). – National University of Kyiv-Mohyla Academy, Kyiv, 2026.
The dissertation research is devoted to a comprehensive constitutional and legal analysis of the foundations of the functioning of parliament in extraordinary situations. The study addresses the problem of compliance with the requirements of the rule of law during an extraordinary situation and identifies parliament as a key institution called upon to preserve the democratic order, the system of checks and balances, and guarantees of human rights in times of crisis.
The relevance of the topic is обусловлена the need to ensure the practical implementation of the rule of law even under crisis conditions, with due regard for the constitutional and legal requirements of the separation of powers, the quality of legislation, parliamentary oversight, the rights of the parliamentary opposition, as well as the openness and accountability of the legislature. These issues have become particularly acute in connection with the full-scale armed aggression of the Russian Federation against Ukraine. The dilemma between the need to introduce security restrictions and the preservation of the rule of law calls for a rethinking of the role of parliament as a guarantor of the democratic legitimacy of extraordinary measures, including restrictions on human rights, the vesting of extraordinary powers in the executive, and the introduction, prolongation, and termination of special legal regimes. The experience of the Verkhovna Rada of Ukraine during martial law is of considerable scholarly and practical interest as a test of the resilience of the Ukrainian model of constitutional parliamentarism.
The scientific novelty of the results obtained lies in the fact that the dissertation is one of the first comprehensive studies in Ukrainian constitutional law devoted to the functioning of the Verkhovna Rada of Ukraine in an extraordinary situation, using the legal regime of martial law introduced in Ukraine on 24 February 2022 as an example.
Keywords: constitutional law, rule of law, legality, parliament, extraordinary situation, martial law, special legal regime, sovereignty, transparency and openness of public authority, parliamentary oversight, delegation of legislative powers, legislative procedure, opposition, quality of legislation, effectiveness of legislation.
