Modern Paradigm of Constitutional Values and their Significance under the Conditions of the Martial State

Abstract

Topicality. Constitutional and legal regulation of key legal values, which constitute general civilizational ideals, democratic standards, in Ukraine, as in many other states, is important and necessary. Regardless of the dynamics of the development of social processes and state-legal phenomena, they actually remain the stabilizing factor that allows to accumulate the best achievements of legal development of national and international scales, deter and prevent significant threats and risks, develop legal awareness, legal culture, including . constitutional culture, national legal ideology and identity. At the same time, the realities show that Russia's hybrid war against Ukraine, which has been going on for almost a decade, systematic and gross violations of human and citizen rights and freedoms, the illegal occupation of a large part of the territory of our state, and other negative consequences were caused by, among other things, excellent constitutional values, national ideologies, ways and methods of exercising power, etc. Therefore, in the conditions of martial law, there are tasks related to an urgent and comprehensive study of constitutional values, their meaning, the expediency of re-evaluation or changing priorities. The purpose of this article is a doctrinal study of the nature and essence, features of constitutional values, highlighting their significance in today's conditions, primarily in the conditions of martial law in Ukraine. The methodological basis of this research is based on general scientific and special legal methods, various approaches and principles. Іn particular, complex and systemic approaches, along with value and instrumental, pluralistic and phenomenological approaches, as well as axiological, anthropological, epistemological, dialectical, comparative legal, historical and other methods are fundamental in this context. Their use allows to reveal the multifaceted legal nature of constitutional values, their typology and special tasks, significance in today's conditions. Scientific novelty. Constitutional values today are not a unified category, in fact there is no clear list of them, which confirms their dynamic development and the need for constant attention of researchers to foreign experience and modern domestic traditions of constitutionalism, philosophical and legal thought, as well as in retrospective and prospective contexts. This phenomenon is characterized by an interdisciplinary and interdisciplinary nature, the special importance of certain constitutional values increases in the complex conditions of state formation and law-making, systemic reforms, during armed conflicts of an international and non-international nature, war or state of emergency, peacebuilding and post-conflict reconstruction. Research results. It seems appropriate to single out certain trends and regularities of the formation and evolution of the system of constitutional values. In particular, the mutual influence of European and national values, processes of their integration and acculturation, distribution and implementation in various spheres of life, organization and functioning of public power, during the implementation of reforms, improvement of national legislation of Ukraine, development of post-war recovery and peacebuilding scenarios is observed. Practical significance. It is worth paying attention to the fact that numerous constitutional and other legal values were transformed into principles, peculiar foundations of the sectoral and inter-sectoral level, which are key guidelines or postulates of strategies and concepts of national and cross-border scales. Under the conditions of the legal regime of martial law in Ukraine, the significance of such ideas and ideals as peace and security, freedom and sovereignty, human dignity, human rights, solidarity, national identity, territorial integrity, etc. increases. At the same time, the conceptualization of the state policy of Ukraine, the strategies of Ukraine's Euro-Atlantic course, draft programs and plans for the recovery of Ukraine necessitates taking into account the assets of philosophical and legal thought, constitutional scholars, etc., continuing research into the paradigm of constitutional values, which will primarily contribute to the restoration and strengthening of peace, territorial integrity of Ukraine, sovereignty, sustainable development etc.

Keywords: constitutional values; European values; legal axiology; democracy; freedom; peace; security; territorial integrity; human rights; martial law.