V. M. Koretsky Institute of state and law NASU

Scientific measures

28th anniversary of the Constitution of Ukraine: experience, military trials and post-war renaissance

28th anniversary of the Constitution of Ukraine: experience, military trials and post-war renaissance

On June 26, 2024, the All-Ukrainian scientific and practical conference "28th anniversary of the Constitution of Ukraine: experience, military trials and post-war renaissance" was held at the V.M. Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine.

The organizers of the conference were the National Academy of Sciences of Ukraine, the Institute of State and Law named after V. M. Koretsky of the National Academy of Sciences of Ukraine, National Academy of Legal Sciences of Ukraine. The conference was attended by leading legal scientists of Ukraine, representatives of the National Academy of Sciences, the National Academy of Legal Sciences of Ukraine, their branches whose activities are related to legal science, people's deputies of Ukraine, employees of the Office of the President of Ukraine, scientists and judges of the Constitutional Court of Ukraine, scientists of the Supreme Council of Justice, academicians and corresponding members of the National Academy of Sciences of Ukraine and the National Academy of Legal Sciences of Ukraine, doctors of sciences of scientific universities and specialized higher departmental educational institutions, candidates of sciences, doctoral and post-graduate students, representatives of civil society institutions.

The topic of the conference is broad in its content and provided space for discussion of other topical issues regarding the role of the Constitution in the formation of modern Ukraine and topical issues of constitutional and legal regulation of its post-war reconstruction.

The director of the Institute of State and Law named after V. M. Koretsky National Academy of Sciences of Ukraine, doctor of legal sciences, professor, academician of the National Academy of Sciences of Ukraine, honored lawyer of Ukraine Olexandr Skrypnyuk gave an opening speech at the conference. In his speech Aleksandr Vasyliovych greeted the participants of the conference and outlined the main issues that need their doctrinal and legal solution. In particular, issues related to the provision and protection of constitutional rights and freedoms of a person and a citizen during war. Today, more than ever, emphasized Oleksandr Vasyliovych, — the affirmation of the human right to life and peace is relevant. However, many questions arise here, related not only to the imperfection of the current national constitutional legal legislation, as well as non-compliance and violations by the Russian aggressor of international humanitarian law and international human rights law. A person in the conditions of war is the most vulnerable target and is exposed to the greatest danger. The situation is further complicated by the fact that the state is under emergency conditions war is forced to limit some human rights. And here the key thing is that such a restriction is carried out exclusively in accordance with the provisions and requirements of the Constitution of Ukraine. Currently, — noted Aleksandr Vasyliovych, — a problem has arisen acutely for Ukraine ensuring the constitutional rights and freedoms of a person and a citizen in the temporarily occupied territories of Ukraine, where such fundamental human rights and freedoms as: the right to life, freedom and personal integrity are massively violated; the right to decent treatment and the inadmissibility of torture, cruelty and inhumane treatment; the right to a fair trial and protection from arbitrary arrest or exile; the right to freedom of movement; the right to citizenship, etc.

 discussed the issues of further improvement of the constitutional and legal provision of state sovereignty and territorial integrity of Ukraine, strengthening of the national security system, improvement of the constitutional and legal status of the Armed Forces of Ukraine. And also on the need for constitutional changes and the corresponding improvement of constitutional legislation. «Such a situation places great responsibility on scientists, first of all lawyers, constitutional scientists, generating new ideas and proposals for improving the Basic Law, and this in turn requires coordination of research, consolidation of efforts of academic and university scientists, practitioners, involvement to the process of representatives of civil society", — concluded Olexandr Vasyliovych.

The vice president of the National Academy of Sciences of Ukraine, academician of the National Academy of Sciences of Ukraine Serhiy Pirozhkov addressed the participants of the conference with a welcoming speech, who noted that today the Basic Law of Ukraine has become a symbol of the struggle of the Ukrainian people for their independence, freedom, European civilizational choice. Russia's large-scale aggression puts on the agenda many challenges and issues that need to be resolved. Issues of ensuring the effect of the Constitution and legal regulation in the state in the conditions of martial law are updated.

Volodymyr Zhuravel, president of the National Academy of Sciences of Ukraine, academician of the National Academy of Sciences of Ukraine, doctor of legal sciences, professor addressed the participants of the conference with a welcome speech. Academician-secretary of the Department of History, Philosophy and Law of the National Academy of Sciences of Ukraine, Academician of the National Academy of Sciences of Ukraine.

Valery Smoliy in his congratulatory speech emphasized the fact that in the current conditions the Constitution of Ukraine along with the State The coat of arms of Ukraine, the State Flag of Ukraine, the State Anthem of Ukraine became a symbol of the unity of the Ukrainian people in the struggle for independence, freedom and territorial integrity. However, — as the scientist noted, — in the conditions of existing external threats and internal challenges for the existence of the Ukrainian state, the current Constitution needs to improve the provisions regarding the external aspects of sovereignty of Ukraine, its territorial integrity, unitarism, development of democracy, etc.

Dmytro Zhuravlev, deputy head of the Department for Citizenship, Pardons, and State Awards addressed the conference participants with a welcome speech — head of the Department for Pardons of the Office of the President of Ukraine, doctor of legal sciences, professor.

After the introductory and welcoming speech, the main part of the conference began, at which the leading scientists of our country gave speeches devoted to the problems of the formation of constitutionalism in Ukraine, the development of the Constitution of Ukraine, as well as its implementation in the conditions of martial law and the challenges of the Russian-Ukrainian war . In particular, the following spoke at the conference: with the report "Ukrainian legal science in the conditions of martial law: answers to today's challenges and strategic tasks» doctor of legal sciences, professor, academician of the National Academy of Sciences of Ukraine, first vice-president of the National Academy of Sciences of Ukraine O.M. Bandurka; with the report "Constitution of Ukraine: already 28 years and 28 more years"; doctor of legal sciences, professor, academician of the National Academy of Sciences of Ukraine, chief researcher of the Institute of History of Ukraine, National Academy of Sciences of Ukraine V.M. Shapoval; with the report "The right to peace: the status of constitutional consolidation"; doctor of legal sciences, professor, academician of the National Academy of Sciences of Ukraine, deputy director of the Institute of State and Law named after V. M. Koretsky National Academy of Sciences of Ukraine N.M. Onishchenko; with the report "Development of Ukrainian parliamentarism: challenges and prospects» people's deputy of Ukraine Y.R. Yurchyshyn; with the report "Constitutional and legal dimension of fair post-war recovery"; Doctor of Law, Professor, Corresponding Member of the National Academy of Sciences of Ukraine, Corresponding Member of the National Academy of Sciences of Ukraine, Director of the V. K. Mamutov Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine» V.A. Ustimenko; with the report "Problematic aspects of ensuring the implementation of the Constitution of Ukraine in conditions of war"; doctor of legal sciences, professor, corresponding member of the National Academy of Sciences of Ukraine, corresponding member of the National Academy of Sciences of Ukraine, head of the Department of Theory of State and Law of the Institute of State and Law named after V. M. Koretsky National Academy of Sciences of Ukraine N.M. Parkhomenko; with a report "Legitimacy of public authority in light of the protection of fundamental human rights" People's Deputy of Ukraine M.R. Velichkovich; with the report "Effect of the principles of people's rule and institutional continuity of power in Ukraine in the conditions of martial law" (on the example of the head of state, doctor of legal sciences, professor, professor of the Department of Constitutional Law of the Educational and Scientific Institute of Law of Taras Shevchenko Kyiv National University)» O.V. Marcelyak; with the report "Municipalism in the system of modern constitutionalism: genetic origins and development trends"; doctor of legal sciences, professor, leading researcher of the department of constitutional and local law self-government of the Institute of State and Law named after V. M. Koretsky National Academy of Sciences of Ukraine O.V. Batanov and others. Doctor of Law, professor, corresponding member of the National Academy of Sciences of Ukraine, academician of the National Academy of Sciences of Ukraine, chief researcher of the Institute of State and Law named after V. M. Koretsky of the National Academy of Sciences of Ukraine took part in the discussion of the reports V.F. Sirenko, who emphasized that the Constitution of Ukraine is a determining factor in ensuring human rights and decent living conditions. At the same time, he emphasized strengthening the guarantees of the constitutional system of Ukraine in order to ensure its sustainable development as a democratic, legal, and in particular as a social state.

In general, within the framework of the conference, the priority areas of constitutional changes were considered and it was noted that the Constitution of Ukraine became an impetus for the formation of all branches of national law and legislation and the productive development of all spheres of public life: political, economic, social, cultural, ecological, etc.

At the same time, the conference participants focused on the need to strengthen the protection of the Constitution of Ukraine and the development of its provisions, strengthening the foundations of constitutionalism in Ukraine, ensuring constitutional principles and strengthening the guarantees of the constitutional system of Ukraine in order to ensure its sustainable development as a democratic, legal, social state, a full member of the world community, implementation of legal measures to strengthen democracy and the rule of law in the conditions of challenges and trials of the Russian-Ukrainian war. In view of this, the Recommendations of the conference were unanimously adopted.