REPRESENTATIVE DEMOCRACY AND PARLIAMENTARISM UNDER THE MARTIAL LAW

Abstract

Background . The article is devoted to the study of the peculiarities of the implementation of parliamentarism in the conditions of representative democracy under martial law. Military aggression led to the creation of a mechanism for the protection of the state and its bodies, as well as the establishment of an effective mechanism for responding to rapid changes in the situation and preserving the full and effective work of state authorities, which were created in the state precisely thanks to the phenomenon of representation and the role of parliamentarism.

Methods . The research process employed both general scientific and special scientific methods, specifically: structural analysis to examine constitutional norms and key law provisions that serve as the cornerstones of parliamentarism and the means by which the people exercise their power through the parliamentary institution of representation; comparative analysis to compare the types and forms of implementation of representative democracy under unique conditions of martial law; and abstract-logical to analyze literary sources, the regulatory framework, and the formation of conclusions.

Results . After the standards of the existing legislation were examined and modifications made, the following legislative innovations were emphasized in the many areas of the Ukrainian Parliament's (Verhovna Rada Ukrayny, VRU) activity: These areas include: a) allocating the parliament's powers to determine the details of military administrations' operations, to elect and remove officials; b) restricting the parliament's financial authority; c) enforcing the right to information regarding the posting of draft and adopted laws of Ukraine on the official website; d) organizing the work of factions; e) attempting to move the sessions and voting process online; f) planning Council activities and keeping track of the working hours of Ukrainian deputies.
Prior to anything else, it is necessary to look at the roles and authority of the Ukrainian people's representative in the Verkhovna Rada of Ukraine with regard to carrying out their responsibilities in many areas of life. As a result, it was decided that the Cabinet of Ministers of Ukraine, the executive body, would now have additional authority in the area of economic activity. This would enable it to move swiftly and take decisive action to boost the State of Ukraine's economy. In light of the authority and appointment of military administrations, as well as the election and removal of public officials, the division of powers under the supervision of the parliament is addressed.

Conclusions . Such restriction on parliamentarian powers can be implemented in line with the model of constitutionalism established in the Ukrainian Constitution, and in certain instances, it is even expressly permitted by the rules of the direct effect of the Basic Law. The intention is to empower the executive authorities to address issues confronting the state and its bodies as quickly and efficiently as possible, especially when it comes to the state's economic protection and the welfare of the nation.
However, there are powers that belong exclusively to the legislative body, such as the establishment of restrictions on human and civil rights and freedoms by the laws of Ukraine. this situation must be observed following international law and the Constitution of Ukraine, in compliance with the decision of the Constitutional Court of Ukraine