Забезпечення конституційного порядку та стан війни

Abstract

In the article the constitutional mechanism of ensuring constitutional order in the conditions of war is discloses. The nature, systems and models of extraordinary legal regimes in the focus of ensuring constitutional order are analyzed. On the basis of a comparative analysis of the order of application of the presidentʼs prerogatives, parliamentary oversight and judicial control in the conditions of cyber-warfare, ʼhybridʼ, economic, information warfareʼs as certain antitheses of the conventional warfare the provision of constitutional order was disclosed. The authorʼs approach to using the means of restoration of the constitutional order in the occupied by the Russian Federation and the structures managed and financed by this state in certain territories of Ukraine and ensuring good administration in case of liberation of these territories from occupation is substantiated. Key words: human rights and freedoms, hybrid warfare, constitutional order, constitutional review, due process of law, martial law, parliamentary oversight, warfare.