OBSERVARE
Universidade Autónoma de Lisboa
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier
Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026
30
THE THEORETICAL FOUNDATIONS AND PRACTICAL IMPLEMENTATION IN THE
PRIORITY OF THE RULE OF LAW IN TIMES OF WAR
YEVHEN ROMANCHENKO
kppd_ryeyu@edu.ua
PhD (Law Sci.), Associate Professor of the Department of Law and Law Enforcement
Zhytomyr Polytechnic State University (Ukraine) https://orcid.org/0000-0003-3507-8820
VALENTYNA LUKIANETS-SHAKHOVA
valentyna_ukraine@ukr.net
PhD (Legal Sci.), Professor of the Constitutional Law and Human Rights, Law Department
National Academy of Internal Affairs Kyiv (Ukraine) https://orcid.org/0000-0003-2397-613X
IHOR ZAVALNIUK
zavalniuk@ukr.net
Doctor of Law, Judge of the Odessa District Administrative Court, Professor Department of Public
Law International University Odesa (Ukraine) https://orcid.org/0000-0002-6387-0199
NATALIIA KAMINSKA
na-pro@ukr.net
Doctor of Law, Professor, Leading Researcher of the Department of International Law and Law of
the European Union V. M. Koretsky Institute of State and Law, National Academy of Sciences of
Ukraine Kyiv https://orcid.org/0000-0002-7239-8893
VITALII MELNYK
mail_melnik@ukr.net
Graduate Student, Department of Administrative and Information Law Sumy National Agrarian
University Sumy (Ukraine) https://orcid.org/0000-0002-9419-0196
Abstract
The rule of law under martial law is one of the most complex and urgent issues of modern
legal science, as it defines the limits of permissible restrictions on human rights and the degree
of state responsibility for upholding democratic principles in times of extreme threats. This
topic requires balancing security, legal certainty, and compliance with international human
rights standards. The study aims to identify and characterize the constitutional, judicial, and
administrative mechanisms that ensure the rule of law under martial law. The methodological
framework includes comparative legal, systemic, institutional, and analytical methods, as well
as generalization of statistical data from the World Justice Project, V-Dem, Freedom House,
and Transparency International. The results show that the effectiveness of legal institutions
in wartime depends on judicial independence, legislative transparency, and the proportionality
of legal restrictions. A comparative analysis revealed that democratic states with strong
constitutional control mechanisms (e.g., Germany, France, Poland) preserve legal stability,
while excessive power concentration undermines the rule of law (e.g., Hungary, Vietnam).
The Ukrainian experience demonstrates that military measures can coexist with adherence to
international humanitarian norms and parliamentary oversight. The practical significance of
the study lies in identifying models of legal stability applicable for improving martial law
legislation, developing public monitoring mechanisms, and preventing abuse of emergency
powers.
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 30-48
The Theoretical Foundations and Practical Implementation
in the Priority of the Rule of Law in Times of War
Yevhen Romanchenko, Valentyna Lukianets-Shakhova, Ihor Zavalniuk,
Nataliia Kaminska, Vitalii Melnyk
31
Keywords
Environmental protection, criminal offenses, rule of law, martial law, constitutional control.
Resumo
O Estado de direito sob a lei marcial é uma das questões mais complexas e urgentes da ciência
jurídica moderna, pois define os limites das restrições permitidas aos direitos humanos e o
grau de responsabilidade do Estado pela defesa dos princípios democráticos em tempos de
ameaças extremas. Este tema requer um equilíbrio entre segurança, certeza jurídica e
conformidade com as normas internacionais de direitos humanos. O estudo visa identificar e
caracterizar os mecanismos constitucionais, judiciais e administrativos que garantem o Estado
de direito sob a lei marcial. O quadro metodológico inclui métodos jurídicos comparativos,
sistémicos, institucionais e analíticos, bem como a generalização de dados estatísticos do
World Justice Project, V-Dem, Freedom House e Transparency International. Os resultados
mostram que a eficácia das instituições jurídicas em tempo de guerra depende da
independência judicial, da transparência legislativa e da proporcionalidade das restrições
legais. Uma análise comparativa revelou que os Estados democráticos com fortes mecanismos
de controlo constitucional (por exemplo, Alemanha, França, Polónia) preservam a estabilidade
jurídica, enquanto a concentração excessiva de poder compromete o Estado de direito (por
exemplo, Hungria, Vietname). A experiência ucraniana demonstra que as medidas militares
podem coexistir com a adesão às normas humanitárias internacionais e à supervisão
parlamentar. O significado prático do estudo reside na identificação de modelos de
estabilidade jurídica aplicáveis para melhorar a legislação da lei marcial, desenvolver
mecanismos de monitorização pública e prevenir o abuso dos poderes de emergência.
Palavras-chave
Proteção ambiental, infrações penais, Estado de Direito, lei marcial, controle constitucional.
How to cite this article
Romanchenko, Yevhen, Lukianets-Shakhova, Valentyna, Zavalniuk, Ihor, Kaminska, Nataliia &
Melnyk, Vitalii (2026). The Theoretical Foundations and Practical Implementation in the Priority of
the Rule of Law in Times of War. Janus.net, e-journal of international relations. Thematic Dossier
- Rule of Law, Human Rights, and Institutional Transformation in Times of Global and National
Challenges, VOL. 16, Nº. 2, TD3, March 2026, pp. 30-48. https://doi.org/10.26619/1647-
7251.DT0226.2
Article submitted on 8 December 2025 and accepted for publication on 14 January 2026..
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 30-48
The Theoretical Foundations and Practical Implementation
in the Priority of the Rule of Law in Times of War
Yevhen Romanchenko, Valentyna Lukianets-Shakhova, Ihor Zavalniuk,
Nataliia Kaminska, Vitalii Melnyk
32
THE THEORETICAL FOUNDATIONS AND PRACTICAL
IMPLEMENTATION IN THE PRIORITY OF THE RULE OF LAW IN
TIMES OF WAR
YEVHEN ROMANCHENKO
VALENTYNA LUKIANETS-SHAKHOVA
IHOR ZAVALNIUK
NATALIIA KAMINSKA
VITALII MELNYK
Introduction
The issue of the rule of law under martial law is of particular relevance in the modern
world, where military conflicts, emergencies and global crises change the established
legal guidelines. The rule of law is the foundation of a democratic state, ensuring the
stability of the legal system, equality of all before the law and predictability of the actions
of the authorities. However, in times of military threats, this principle is severely tested,
as the state is forced to restrict certain rights and freedoms for security reasons while
trying to maintain legal balance. It is at such moments that the real quality of democratic
institutions and the stability of the constitutional order are revealed.
The relevance of this study stems from the need to understand how the system of legal
guarantees is transformed during martial law, what institutional mechanisms ensure a
balance between governmental powers and protection of citizens, and how effectively
international standards are integrated into national legal practice. The theoretical value
of the work lies in the disclosure of the relationship between constitutional control,
judicial independence and compliance with international humanitarian norms that form
the basis of the modern legal order. The practical significance of the study is determined
by the possibility of using its findings to improve martial law legislation, to form effective
safeguards against abuse of emergency powers and to ensure real protection of human
rights even in conditions of limited freedoms. An analysis of current research shows that
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 30-48
The Theoretical Foundations and Practical Implementation
in the Priority of the Rule of Law in Times of War
Yevhen Romanchenko, Valentyna Lukianets-Shakhova, Ihor Zavalniuk,
Nataliia Kaminska, Vitalii Melnyk
33
the scientific community is increasingly interested in the problems of legal regimes of
martial law. The works of Binder et al. (2025), Mészáros (2024) and Dang and Hoang
(2024) emphasize the risks of concentration of power and undermining democratic
control mechanisms. Kelbia et al. (2025), Honcharenko (2024) and Grynchak and
Grynchak (2022) conduct a comparative analysis of the constitutional systems of
different countries, demonstrating the varying degrees of readiness of legal institutions
for crisis situations. Ukrainian researchers Korentsov (2024), Prytyka et al. (2022) and
Nakonechna& Novosad (2023) focus on the problems of observance of the administrative
and legal status of citizens and the proportionality of restrictions during martial law.
Despite the existence of a large number of studies, the issue of integrating international
humanitarian standards into national legal regimes, as well as assessing the sustainability
of democratic institutions in prolonged crisis conditions, remains insufficiently developed.
Thus, the problem of the study is the contradiction between the need to ensure the
security of the state and the preservation of the rule of law in emergency conditions. A
comprehensive assessment of the effectiveness of constitutional and judicial mechanisms
for controlling emergency powers, as well as an analysis of local legal resilience at the
community level, remains an unfilled scientific niche.
The purpose ofthe study is to clarify the theoretical, legal and practical mechanisms for
ensuring the rule of law under martial law, to identify the risks of abuse of emergency
powers and to characterize the instruments of legal control and balance between security
and human rights.
Analysis of Recent Research and Publications
An analysis of recent research and publications demonstrates a wide range of approaches
to the study of the rule of law and legal regimes under martial law. Modern scholarly
works pay attention to the monitoring of the current legislation during martial law
(Ahapova& Ivanchuk, 2023), the administrative and legal regime of martial law
(Bezkrovniy, 2024), as well as the assessment of human rights protection practices in
times of emergency (Binder et al., 2025; Krotiuk, 2025). The studies by Kondos (2024),
Dang and Hoang (2024) and Condos (2024) raise the issues of colonial rule and
challenges to law and order in emergencies, in particular, on the example of the COVID-
19 pandemic. A significant number of publications are devoted to a comparative analysis
of constitutional mechanisms for ensuring the rule of law during martial law in different
countries (Kelbia et al., 2025; Grynchak & Grynchak, 2022; Honcharenko, 2024). In the
Ukrainian context, the problems of applying martial law and its impact on the
administrative and legal status of citizens are discussed (Korentsov, 2024; Kramarchuk,
2025), as well as the protection of fundamental human rights (Kuchyk et al., 2023;
Nakonechna& Novosad, 2023).
Particular attention is paid to the mechanisms of international humanitarian law and the
role of the judiciary in protecting rights under martial law (Paskar, 2023; Nijs, 2024), as
well as to the local and regional dimensions of state resilience in times of armed
aggression (Melnykovska&Sokhey, 2025). Analysis of international practice also
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 30-48
The Theoretical Foundations and Practical Implementation
in the Priority of the Rule of Law in Times of War
Yevhen Romanchenko, Valentyna Lukianets-Shakhova, Ihor Zavalniuk,
Nataliia Kaminska, Vitalii Melnyk
34
demonstrates negative examples of abuse of emergency powers that undermine the rule
of law (Mészáros, 2024). Contemporary research emphasizes the need to balance
security with the preservation of human rights in wartime, and emphasizes the
importance of constitutional oversight and international standards during martial law
(Stadnik &Buravska, 2022; Statsenko, 2025; Yatsun, 2024). Modern research also
emphasizes the importance of balancing the public interest of the state with the
protection of human rights in wartime. In particular, Prytyka et al. (2022) emphasize the
protection of civil, property and labor rights even under martial law, as well as the
challenges of ensuring a fair trial. Lupu and Wallace (2024) examine the specifics of
international humanitarian law and support for foreign fighters, which is of direct
relevance to the regulation of legal issues in the armed conflict zone. Novitskyi (2025)
focuses on the peculiarities of the rule of law in modern conditions, emphasizing the
practical aspects of its implementation. Won (2025) analyzes the issue of emergency
powers in the context of the COVID-19 pandemic, which opens the way for a comparative
analysis with martial law and its impact on human rights. These works add to the general
understanding of the challenges to the rule of law in extreme conditions, demonstrating
the need for a comprehensive and systematic approach to legal regulation.
Continuing the analysis of recent studies, it is worth noting that additional sources focus
on the role of administrative courts in protecting human rights during martial law (Paskar,
2023), as well as on the local and regional dimensions of Ukraine's resilience in the fight
against Russian aggression (Melnykovska&Sokhey, 2025). The issue of legal restrictions,
in particular, restrictions on the right to movement under martial law, is important on
the example of Ukrainian practice (Marushak, 2023). Emphasis is placed on international
aspects, in particular, international humanitarian law and its application in wartime (Nijs,
2024), as well as on the negative consequences of abuse of emergency powers for the
rule of law (Mészáros, 2024). Recent publications also consider the challenges of
implementing constitutional mechanisms in times of emergency in different countries,
highlighting lessons for Ukraine (Honcharenko, 2024; Kelbia et al., 2025). Particular
attention should be paid to the analysis of practices of human rights restrictions in the
context of martial law, with an emphasis on the problems of uncontrolled expansion of
mobilization powers (Statsenko, 2025) and ways to overcome them (Nakonechna&
Novosad, 2023).
Based on the above, it can be stated that despite significant progress in research, the
issues of the optimal balance between ensuring the security of the state and preserving
the rights and freedoms of citizens in wartime remain unresolved. There is also a lack of
in-depth analysis of practical mechanisms to control the use of emergency powers and
prevent their abuse.
Research Methods
The study was conducted in 2024-2025 by the author on the basis of an interdisciplinary
approach using official statistics from international organizations and the results of
modern scientific publications. The main sources of empirical data were the open reports
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e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 30-48
The Theoretical Foundations and Practical Implementation
in the Priority of the Rule of Law in Times of War
Yevhen Romanchenko, Valentyna Lukianets-Shakhova, Ihor Zavalniuk,
Nataliia Kaminska, Vitalii Melnyk
35
of the World Justice Project (2021, 2023, 2024), V-Dem Institute (2024a, 2024b),
Freedom House (2024) and Transparency International (2024), which contain
comparative indicators of the rule of law, democracy and anti-corruption effectiveness in
more than 140 countries. The information base was also based on scientific articles by
recognized experts in the field of constitutional and administrative law, international
humanitarian law and human rights published in professional journals such as Oslo Law
Review, International Journal of Constitutional Law, Amazonia Investiga, Problems of
Legality, etc. The methodological basis was formed by the comparative legal method –
for comparing the mechanisms of ensuring the rule of law in different states; the systemic
method – for analyzing the interrelationships between the legal, institutional and social
elements of the martial law regime; the analytical method – for interpreting international
indices and statistics; the institutional method – for identifying the role of judicial and
constitutional bodies in ensuring control over emergency powers; and the structural and
functional approach – for classifying the main elements of the martial law regime. The
obtained data were systematized in tables and diagrams created by the author, which
reflect comparative results and allow assessing the interdependence between security
measures and the preservation of legal guarantees in wartime.
Research Results
The problematic aspects of the application of martial law, in particular in Ukraine, are
quite multifaceted and complex. First, the key challenge is balancing the need to ensure
national security and protect the administrative and legal status of citizens. Often, martial
law provisions provide for temporary restrictions on rights and freedoms related to
movement, assembly, the right to work, and other basic freedoms (Korentsov, 2024).
These restrictions can create significant pressure on the population, complicating their
normal daily life and administrative processes. The second important aspect is the risk
of abuse of emergency powers of the authorities arising from unclear legislative
regulation or the lack of effective mechanisms to control their implementation (Mészáros,
2024). All of this can lead not only to violations of fundamental human rights, but also
to the demystification of systemic problems in public administration. At the same time,
the administrative and legal status of citizens is changing under the influence of martial
law, which complicates the operation of the usual rules of administration and law. The
application of the special regime is often accompanied by restrictions on legal procedures,
such as access to a fair trial, which increases the level of legal uncertainty for citizens
(Prytyka et al., 2022). The third problematic issue is the discrepancy between the
provisions of military legislation and international human rights standards. Some national
regulations are not able to fully ensure compliance with international humanitarian law,
which requires enhanced judicial oversight and better consolidated procedures (Kuchyk
et al., 2023; Paskar, 2023). As a result, citizens may find themselves in a situation where
their rights remain mere declarations rather than guaranteed labor or social guarantees.
It is important to add to the issue of the impact of martial law on the labor rights and
property status of citizens. Restrictions related to mobilization, changes in the operation
of enterprises, and measures to protect against security threats create additional
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Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 30-48
The Theoretical Foundations and Practical Implementation
in the Priority of the Rule of Law in Times of War
Yevhen Romanchenko, Valentyna Lukianets-Shakhova, Ihor Zavalniuk,
Nataliia Kaminska, Vitalii Melnyk
36
obstacles to the stable functioning of the labor market and business (Nakonechna&
Novosad, 2023). This poses a threat to social instability for vulnerable populations, which
requires additional regulation and social protection from the state. Summarizing, it can
be stated that the problems of applying martial law have deep legal, social and
administrative roots. Overcoming them requires clearer legislative coding of restrictions,
introduction of effective control and constitutional mechanisms, as well as adaptation of
national legislation to international human rights standards (Kelbia et al., 2025;
Honcharenko, 2024). Only a systematic and multicomponent approach will make it
possible to protect not only state security but also the rights of citizens in the emergency
conditions of martial law.
Table 1. Mechanisms for the protection of fundamental human rights in the context
of martial law
Protection
mechanism
Description
Examples and specifics of application
International
humanitarian
law
A body of international law
governing behavior in armed
conflicts.
It ensures the protection of civilians, the
prohibition of torture, and humanitarian
assistance (Nijs, 2024).
Constitutional
control
Judicial review of the
constitutionality of martial law
measures in relation to human
rights.
Protection from illegal restrictions,
refutation of unconstitutional norms
(Krotiuk, 2025).
Administrative
courts
Consideration of citizens' complaints
against the actions of administrative
bodies during martial law.
They protect the right to a fair trial and
prevent abuse of power (Paskar, 2023).
International
human rights
institutions
Mechanisms of the UN, ECHR and
other human rights monitoring
bodies.
They accept individual complaints and
monitor the situation with rights
violations (Kuchyk et al., 2023).
Legislative
restrictions
Temporary restrictions on rights and
freedoms provided for by martial
law.
They regulate movement, assembly, and
information activities (Marushak, 2023).
Monitoring and
evaluation of
legislation
Analyzing the compliance of martial
law norms with human rights
standards and improving them.
Constant review of laws, elimination of
discriminatory norms (Ahapova&
Ivanchuk, 2023).
Source: created by the author based on (Ahapova& Ivanchuk, 2023; Krotiuk, 2025; Kuchyk et
al., 2023; Marushak, 2023; Nijs, 2024; Paskar, 2023)
The protection of fundamental human rights is critical during martial law, when states
introduce emergency measures to ensure security. One of the key instruments of such
protection is international humanitarian law, which regulates minimum standards of
behavior during armed conflicts and guarantees the inviolability of fundamental human
rights even in emergency situations. At the same time, the role of judicial systems, in
particular administrative courts, is crucial in ensuring proper control over the application
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e-ISSN: 1647-7251
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Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 30-48
The Theoretical Foundations and Practical Implementation
in the Priority of the Rule of Law in Times of War
Yevhen Romanchenko, Valentyna Lukianets-Shakhova, Ihor Zavalniuk,
Nataliia Kaminska, Vitalii Melnyk
37
of restrictions and protection of citizens' rights. The complex of protection mechanisms
can best be summarized through a comparative overview of the key approaches and
instruments presented in Table 1.
Thus, modern mechanisms for the protection of fundamental human rights in the context
of martial law are based on a combination of international humanitarian law, effective
judicial practice, state legislation and international control. They are aimed not only at
minimizing the negative consequences for human rights in times of emergency, but also
at preserving the rule of law and public trust in legal institutions. It is important to
emphasize that the success of these mechanisms depends on their implementation in
national law, proper judicial independence and the activities of international
organizations. Continuous monitoring and adaptation of legislation helps to reduce the
risks of abuse and violations, which is especially important for countries undergoing
martial law.
The rule of law under martial law is of particular importance, as it is in times of emergency
that states face a dilemma between the need to ensure security and the preservation of
fundamental human rights and freedoms. Constitutional mechanisms for guaranteeing
the rule of law should prevent the usurpation of power, ensure judicial control over the
actions of the executive branch of government, and harmonize national norms with
international standards. A comparative analysis of the experience of different countries
allows us to identify optimal models of interaction between the branches of government
in a state of emergency or martial law, to identify effective safeguards against the abuse
of emergency powers, and to trace trends in constitutional reform aimed at strengthening
the rule of law (Kelbia et al., 2025; Honcharenko, 2024; Mészáros, 2024).
In order to systematize the approaches introduced in different countries, Table 2 provides
a comparative analysis of the constitutional mechanisms for ensuring the rule of law
under martial law.
A comparative analysis of the constitutional mechanisms for ensuring the rule of law
shows that the success of the legal regime during martial law depends not only on the
existence of formal control institutions, but also on their real independence and ability to
limit the extraordinary powers of the executive branch. European countries with a
developed culture of constitutionalism demonstrate a higher level of legal balance
between security and freedom, while countries with hybrid or centralized models face the
risk of undermining the principle of separation of powers. Ukraine, despite the objective
challenges of war, continues to maintain basic guarantees of constitutional control, which
confirms its commitment to European standards of the rule of law (Kelbia et al., 2025;
Honcharenko, 2024).
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The Theoretical Foundations and Practical Implementation
in the Priority of the Rule of Law in Times of War
Yevhen Romanchenko, Valentyna Lukianets-Shakhova, Ihor Zavalniuk,
Nataliia Kaminska, Vitalii Melnyk
38
Table 2. Comparative analysis of constitutional mechanisms for ensuring the rule
of law under martial law
Country
Main
constitutional
mechanism
Key elements of
control
Peculiarities of
implementation
during martial
law
Effectiveness /
challenges
Ukraine
Constitutional
Court,
parliamentary
oversight, martial
law decrees of the
President with
subsequent
approval
Judicial control,
restrictions on
term extension,
parliamentary
monitoring
President can
declare martial law
only with the
consent of the
Verkhovna Rada;
judiciary remains
operational
Constitutional
stability is
preserved, but there
is a risk of executive
power expansion
(Korentsov, 2024;
Statsenko, 2025)
Poland
Constitutional
tribunal and "state
of emergency"
mechanism
Parliament has the
right to control the
validity of
emergency
measures
Limitation of terms
and scope of
emergency powers
Effective
parliamentary
oversight, but slow
response of the
judiciary (Grynchak
& Grynchak, 2022)
Hungary
Emergency powers
of the government
under the 2020
constitutional
amendment.
Limited
parliamentary
oversight,
increased role of
the government
Use of the state of
emergency for
political
concentration of
power
Violation of the
principle of
separation of
powers, undermining
confidence in the
courts (Mészáros,
2024)
Germany
"Grundgesetz
(Basic Law) –
Articles 115a-115l
The Federal
Constitutional
Court controls the
legality of
government
actions
Emphasis on
maintaining
parliamentary
oversight even in
times of war
High level of stability
and legal certainty
(Kelbia et al., 2025)
France
Constitutional
Council, "état
d'urgence" regime
President initiates
state of
emergency, but
parliament can
limit it
The Constitutional
Council assesses
the legality of
government
decisions
Balance between
speed of decisions
and legal control
(Honcharenko, 2024)
United
Kingdom
Unwritten
constitution,
parliamentary
sovereignty
Judicial precedent
and parliamentary
oversight
Emergency powers
are realized
through acts of
parliament
High flexibility, but
dependent on
political culture
(Binder et al., 2025)
USA
US Constitution,
judicial review of
the Supreme Court
Division of powers
between Congress
and the President,
"War Powers
Resolution"
President acts
within the
framework of
congressional
delegated powers
Clear system of
checks and balances,
but controversy over
executive orders
(Lupu & Wallace,
2024)
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The Theoretical Foundations and Practical Implementation
in the Priority of the Rule of Law in Times of War
Yevhen Romanchenko, Valentyna Lukianets-Shakhova, Ihor Zavalniuk,
Nataliia Kaminska, Vitalii Melnyk
39
Israel
Basic laws and
judicial review by
the Supreme Court
The Court controls
the proportionality
of restrictions on
rights
During martial law,
the Court actively
intervenes in
executive decisions
A positive example
of active judicial
review (Binder et al.,
2025)
Vietnam
Socialist model of
control – party
responsibility and
government
centralization
No independent
constitutional court
Emergency
measures are
adopted centrally
without judicial
review
High level of
efficiency but low
legal transparency
(Dang & Hoang,
2024)
Source: created by the author on the basis of (Binder et al., 2025; Dang & Hoang, 2024;
Grynchak & Grynchak, 2022; Honcharenko, 2024; Kelbia et al., 2025; Korentsov, 2024; Lupu &
Wallace, 2024; Mészáros, 2024; Statsenko, 2025)
During martial law, the state authorities receive expanded powers to ensure national
security, mobilize resources and protect citizens. However, the granting of such
extraordinary powers is always accompanied by risks of abuse, ranging from political
concentration of power to restrictions on civil rights and arbitrary interpretation of laws.
The main challenge is to find a balance between the effectiveness of government
decisions and preservation of democratic guarantees. Emergency powers can be justified
only if they are legally proportionate, time-limited and subject to parliamentary control.
The experience of different countries shows that the abuse of such instruments often
leads to the erosion of constitutional principles, usurpation of power and undermining
public trust in the state (Mészáros, 2024; Honcharenko, 2024; Statsenko, 2025). To
summarize the main challenges and proposed mechanisms for overcoming them, Figure
1 provides a structured visualization of the problems and ways to resolve them based on
a comparative analysis of international practice.
Thus, the main threat in the field of emergency powers is the gradual normalization of
military restrictions, when temporary measures become permanent practices of public
administration. To prevent this, it is necessary to create an effective system of checks
and balances that combines internal constitutional control and external international
monitoring. The introduction of transparent procedures, clear terms of emergency acts
and regular parliamentary reporting will help to preserve the rule of law even in times of
war. Ukraine's experience in recent years can serve as an example of gradual
strengthening of democratic governance in times of crisis (Kelbia et al., 2025;
Honcharenko, 2024).
The resilience of the state in wartime is formed not only at the central level, but primarily
in the local and regional dimensions. It is these levels that ensure the viability of
communities, the maintenance of public order, the functioning of infrastructure and the
provision of basic services to the population in the face of constant threats. In the
Ukrainian context, the military resilience of communities is manifested in the ability of
local authorities to coordinate actions between military structures, humanitarian
missions, businesses, and volunteers.
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 30-48
The Theoretical Foundations and Practical Implementation
in the Priority of the Rule of Law in Times of War
Yevhen Romanchenko, Valentyna Lukianets-Shakhova, Ihor Zavalniuk,
Nataliia Kaminska, Vitalii Melnyk
40
Figure 1. Challenges and ways to resolve the abuse of emergency powers during martial law
Source: created by the author on the basis of (Ahapova& Ivanchuk, 2023; Binder et al., 2025;
Dang & Hoang, 2024; Honcharenko, 2024; Kelbia et al., 2025; Krotiuk, 2025; Mészáros, 2024;
Statsenko, 2025; Yatsun, 2024)
At the same time, the exercise of such powers is accompanied by a number of legal
restrictions, including on freedom of movement, information activities, and public
gatherings. These restrictions are intended to guarantee security, but they should be
applied proportionately and should not undermine the foundations of the democratic
system (Melnykovska&Sokhey, 2025; Marushak, 2023; Nakonechna& Novosad, 2023).
Table 3 presents a comparative description of local and regional aspects of Ukraine's
resilience in wartime, highlighting key legal restrictions, their consequences, and ways
to balance security and human rights.
Ukraine's local and regional resilience during martial law demonstrates a high level of
adaptability and interaction between civil society and the government. At the same time,
the introduction of legal restrictions, especially on movement, creates additional social
challenges, ranging from violations of labor rights to the isolation of certain communities.
The balance between security and human rights is achieved through constant monitoring
of restrictions, a flexible approach to their application, and the development of digital
governance tools. The decentralized model of governance and the active role of
communities remain key factors in preserving the rule of law even in emergency
situations (Melnykovska&Sokhey, 2025; Nakonechna& Novosad, 2023).
In the current conditions of war, an empirical study of the rule of law is of particular
importance, as it allows us to trace real changes in institutional indicators that reflect the
Key challenges:
Concentration of power in executive bodies.
The government has excessive powers to
make decisions without parliamentary
approval, which weakens the principle of
separation of powers (Mészáros, 2024).
Reduced transparency of government
decisions. Some decisions are made behind
closed doors, without public scrutiny, creating
a risk of violating citizens' rights (Dang &
Hoang, 2024).
Weakening of judicial control. Judicial
institutions are often limited in their
jurisdiction or operate under administrative
pressure (Krotiuk, 2025).
Political manipulation of military restrictions.
Use of a state of emergency to suppress
opposition or control the media (Binder et al.,
2025).
Ways to resolve the issue:
Strengthening parliamentary oversight.
Introducing mandatory periodic reports by the
government to parliament on decisions made
under martial law (Honcharenko, 2024).
Limiting the duration of emergency powers.
Setting time limits with the possibility of
extension only with parliamentary approval
(Kelbia et al., 2025).
Enhancing the role of the constitutional court.
Granting the court powers to review acts
adopted during martial law (Krotiuk, 2025).
International monitoring and standardization.
Using the recommendations of the Council of
Europe, the UN, and the OSCE to harmonize
national legislation (Yatsun, 2024).
Transparent communication with the public.
Ensuring public access to decisions made
under martial law through open government
portals (Ahapova& Ivanchuk,2023).
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e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 30-48
The Theoretical Foundations and Practical Implementation
in the Priority of the Rule of Law in Times of War
Yevhen Romanchenko, Valentyna Lukianets-Shakhova, Ihor Zavalniuk,
Nataliia Kaminska, Vitalii Melnyk
41
quality of public administration and the degree of protection of citizens' rights. The study
was conducted on the basis of publicly available official sources and international reports,
including the World Justice Project (2021, 2023, 2024) and Varieties of Democracy (V-
Dem Dataset, 2021-2023), as well as analytical reviews by Freedom House (2024) and
Transparency International (2024). These organizations systematically collect data based
on combined surveys of legal experts, civil society representatives, national statistical
agencies, and open government reports. For example, the World Justice Project annually
covers more than 214,000 respondents and about 3,500 experts in 142 countries using
a standardized questionnaire of eight indicators: limited government, absence of
corruption, open government, fundamental rights, security, regulatory activity, civil and
criminal justice (World Justice Project, 2024). The V-Dem data is compiled by more than
4,000 researchers who assess electoral, liberal, deliberative, and participatory
democracy using multidimensional models (V-Dem Institute, 2024b). The data was
selected for Ukraine, Poland, and Hungary for 2021-2024, which made it possible to trace
the dynamics of legal indicators in a country under martial law and compare it with
European countries with different levels of constitutional stability.
An analysis of statistical indicators suggests that Ukraine maintains relatively stable
positions in global rule of law rankings even in the face of a full-scale war. According to
the World Justice Project, the overall rule of law index decreased from 0.51 in 2021 to
0.47 in 2023, but increased to 0.49 in 2024, indicating gradual institutional adaptation.
For comparison, in 2024, Poland's index was approximately 0.61, and Hungary's was
0.43 (World Justice Project, 2024). According to the V-Dem index of electoral democracy
(v2x_polyarchy), Ukraine had a score of 0.415 in 2023, which is lower than Poland's 0.73
and Hungary's 0.63 (V-Dem Institute, 2024b; Our World in Data, 2024). These values
demonstrate that despite martial law and temporary restrictions on rights, the level of
democratic practices and legal culture remains moderately stable.
As can be seen from Table 1, the Rule of Law Index in Ukraine demonstrates a wave-like
dynamics – first, a decline under the influence of hostilities, and then a gradual recovery
in 2024.
The data show that even under martial law, Ukraine has not lost the basic institutional
foundations of the rule of law. Although some indicators – such as restrictions on rights
and freedoms, independence of the judiciary, or the level of corruption risks – have
deteriorated in the short term, the overall trend shows that legal institutions are resilient.
The score of 0.49 in 2024 demonstrates that the state mechanisms of legal control,
parliamentary oversight and civic monitoring continue to function despite the
extraordinary challenges. This confirms that it is possible to maintain a balance between
security and human rights even in times of deep crisis, which is consistent with the
findings of analytical reports by Freedom House (2024) and Transparency International
(2024). Thus, the quantitative indicators of international organizations confirm that
Ukraine is forming a unique model of legal stability that combines legal restrictions with
the desire to preserve democratic values and legal balance.
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Transformation in Times of Global and National Challenges
March 2026, pp. 30-48
The Theoretical Foundations and Practical Implementation
in the Priority of the Rule of Law in Times of War
Yevhen Romanchenko, Valentyna Lukianets-Shakhova, Ihor Zavalniuk,
Nataliia Kaminska, Vitalii Melnyk
42
Table 3. Local and regional dimension of Ukraine's resilience in wartime
and related legal constraints
Level / Aspect
Key elements of
resilience
Types of legal
restrictions
Impact on
communities
Mechanisms for
balancing rights and
security
Local level
(communities)
Self-organization of
the population,
activities of
volunteer
headquarters, local
resource
mobilization
Temporary
bans on mass
events, control
of movement
between
communities
Restrictions on
social activity,
but increased
security
Local coordination
councils involve the
public in decision-
making
(Melnykovska&Sokhey,
2025)
Regional
military
administra-
tions
Evacuation
management,
distribution of
humanitarian aid,
control of transport
corridors
Access control,
curfews,
document
checks
Slowing down
logistics and
economic
activity
Flexible permitting
procedure for strategic
transportation
(Marushak, 2023)
Transportation
infrastructure
Ensuring the
movement of
military, refugees,
and humanitarian
goods
Restrictions on
interregional
travel,
checkpoints
Temporary
reduction of
population
mobility
Electronic system of
route approvals, military
commandant's offices as
security regulators
Economic
sustainability of
the regions
Support for critical
infrastructure
enterprises,
business relocation
Restrictions on
free movement
of labor, export
regulation
Decline in
economic
activity in
frontline regions
State programs to
support relocated
enterprises
(Nakonechna& Novosad,
2023)
Information
security
Prompt
information,
countering
disinformation
Censorship of
military news,
ban on filming
military
facilities
Restriction of
freedom of
expression, but
reduction of
information
risks
Information centers at
the IAA and content
verification systems
(Ahapova& Ivanchuk,
2023)
Social
sustainability
Provision of basic
services, support
for internally
displaced persons
Restrictions on
freedom of
movement in
dangerous
areas
Psychological
burden and
migration
challenges
Implementation of
humanitarian corridors
and digital passes
(Marushak, 2023)
International
cooperation at
the regional
level
Cooperation with
international
partners, grant
programs for local
recovery
Regulatory
restrictions on
the
involvement of
foreign
volunteers in
combat zones
Delays in the
implementation
of recovery
projects
Simplification of visa and
customs procedures for
humanitarian missions
(Lupu & Wallace, 2024)
Source: created by the author based on (Ahapova& Ivanchuk, 2023; Lupu & Wallace, 2024;
Marushak, 2023; Melnykovska&Sokhey, 2025; Nakonechna& Novosad, 2023)
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VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 30-48
The Theoretical Foundations and Practical Implementation
in the Priority of the Rule of Law in Times of War
Yevhen Romanchenko, Valentyna Lukianets-Shakhova, Ihor Zavalniuk,
Nataliia Kaminska, Vitalii Melnyk
43
Table 4. Rule of Law Index (WJP) in Ukraine in 2021-2024
Year
WJP
index
Rank among
countries
Commentary
2021
0.51
74/139
stable period before the war
2022
0.50
-
slight decrease due to the introduction of
martial law
2023
0.47
89/142
minimum value for the years of observation
2024
0.49
88/142
the beginning of the restoration of stability
Source: created by the author based on World Justice Project (2021, 2023, 2024), V-Dem
Institute (2024b), Freedom House (2024), Transparency International (2024)
Ensuring a balance between state security and preserving the rights and freedoms of
citizens during martial law is a complex but critical task that requires a systematic
approach and responsible policy. First, a clear legislative framework should be introduced
to define the limits of emergency powers that can be used during martial law, taking into
account international human rights standards. This includes ensuring that the restrictions
are temporary, proportionate and strictly accountable for any abuse, as well as that they
are subject to ongoing monitoring by independent institutions and the public. Second,
the development and strengthening of constitutional and judicial oversight institutions
should be a priority. The judicial system should have the necessary independence and
resources to effectively review cases related to violations of rights during martial law. It
is important to ensure quick access to legal protection for citizens, to create specialized
mechanisms for reviewing such cases, which will allow not only to establish the facts of
violations, but also to respond to them properly. Third, maximum transparency and public
control over the actions of the authorities in wartime should be ensured. Regularly
informing the public about the restrictions imposed, their grounds and duration, as well
as public reporting by the responsible authorities, will help to increase trust and prevent
corruption and abuse. The involvement of civil society organizations, human rights
structures and international partners in monitoring the situation is extremely effective.
Finally, it is necessary to invest in training and professional development of civil servants
and law enforcement officials to ensure that the principles of the rule of law are upheld
even in extreme circumstances. It is important to foster a culture of legal responsibility,
tolerance and respect for human rights as the basic principles of state policy. The
introduction of such measures will help maintain a balance in which national security is
ensured while not violating the fundamental rights and freedoms of citizens, which is the
key to the long-term stability and development of the state.
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in the Priority of the Rule of Law in Times of War
Yevhen Romanchenko, Valentyna Lukianets-Shakhova, Ihor Zavalniuk,
Nataliia Kaminska, Vitalii Melnyk
44
Discussion
The results obtained confirm the difficulty of finding a balance between national security
and preservation of human rights during martial law. According to a number of
researchers, emergency powers can be justified only under conditions of clearly defined
temporality and proportionality, as well as in the presence of effective parliamentary and
judicial control (Binder et al., 2025; Mészáros, 2024). At the same time, some authors,
such as Dang and Hoang (2024), argue that even under severe restrictions, democratic
institutions are able to adapt to crisis conditions, provided that the government is open
and civil society is involved. In the context of Ukraine, this is confirmed by international
reports that demonstrate the stability of key legal indicators despite the large-scale
challenges of war (World Justice Project, 2024; V-Dem Institute, 2024a).
A comparison of the constitutional models of different countries shows significant
differences in the degree of independence of the judiciary and parliamentary control
during the state of emergency. European countries, such as Germany and France,
demonstrate the effectiveness of the system of checks and balances through
constitutionally enshrined mechanisms for verifying the legality of government decisions
(Kelbia et al., 2025; Honcharenko, 2024). Hungary, on the other hand, shows an example
of the gradual erosion of the rule of law due to the concentration of power in the hands
of the executive (Mészáros, 2024). In this context, the Ukrainian model looks
intermediate: despite significant challenges, it preserves the functioning of parliamentary
oversight, the Constitutional Court, and the basic elements of judicial independence
(Korentsov, 2024; Statsenko, 2025).
A number of scholars (Ahapova& Ivanchuk, 2023; Paskar, 2023; Krotiuk, 2025)
emphasize that the real effectiveness of the rule of law in wartime is determined not so
much by legal formulas as by the level of public trust in legal institutions. It is trust that
becomes a critical factor in legal sustainability, which is consistent with sociological trends
that show that Ukraine maintains a moderately high level of legal awareness and public
control, even under martial law. Other researchers, such as Lupu and Wallace (2024),
draw attention to the international dimension of the rule of law, emphasizing that the
support of international partners and external monitoring have a significant impact on
the stability of domestic legal institutions.
The contradictions between the positions of different groups of authors lie primarily in
the interpretation of the limits of permissible restrictions on human rights. Some scholars
believe that severe restrictions are inevitable to ensure national security (Marushak,
2023; Nakonechna& Novosad, 2023), while others emphasize that even in a crisis, the
state has no right to go beyond international humanitarian law standards (Nijs, 2024;
Kuchyk et al., 2023). The empirical evidence presented confirms that Ukraine is trying
to comply with these standards, ensuring that legal restrictions are controlled and
reversible.
At the same time, the analysis showed certain contradictions between the formal
existence of legal guarantees and their practical implementation. As noted by Mészáros
(2024), even democratic institutions can gradually lose their effectiveness in the case of
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Thematic Dossier - Rule of Law, Human Rights, and Institutional
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March 2026, pp. 30-48
The Theoretical Foundations and Practical Implementation
in the Priority of the Rule of Law in Times of War
Yevhen Romanchenko, Valentyna Lukianets-Shakhova, Ihor Zavalniuk,
Nataliia Kaminska, Vitalii Melnyk
45
"normalization" of emergency powers, when temporary measures become permanent.
For Ukraine, this danger is also relevant, as the war creates conditions under which
emergency governance tools can become commonplace. However, as the experience of
local communities shows (Melnykovska&Sokhey, 2025), local resilience and public
participation remain safeguards against the usurpation of power and excessive
centralism.
Thus, the results of the study confirm that the rule of law under martial law is a
multidimensional phenomenon that encompasses the legal, institutional and social levels.
Its preservation depends on a combination of effective legal mechanisms, political
accountability and the active role of civil society. However, the restrictions imposed
during the war leave a number of open questions, including the limits of legal control,
guarantees of judicial independence, and the long-term implications for democratic
development. These aspects require further interdisciplinary research that combines legal
analysis with sociological, political and psychological approaches to provide a holistic
understanding of the rule of law in extreme circumstances.
Conclusions and Prospects for Further Research
The study reveals the complex nature of the rule of law under martial law as a dynamic
system which combines legal, institutional and social components. Its scientific novelty
lies in the comprehensive comparative analysis of the constitutional mechanisms of
different states, which demonstrate that the effectiveness of the legal regime of martial
law is determined not only by legislative provisions, but primarily by the actual
functioning of the system of checks and balances. The Ukrainian experience confirms that
it is possible to preserve the basic principles of the rule of law even in times of military
threats, but reveals a number of problems, including the risks of normalizing emergency
powers, fragmentation of judicial control, and a lack of parliamentary oversight. The
practical significance of the findings lies in the possibility of using the identified patterns
to improve national legislation on human rights restrictions, develop effective monitoring
mechanisms, and strengthen local legal resilience. At the same time, the study faced
limitations related to the incompleteness of open data, rapid changes in the legal
framework, and the varying levels of availability of international benchmarks. Further
research should be directed at developing models for assessing the proportionality of
legal restrictions, studying the impact of martial law on trust in judicial institutions, and
analyzing the interaction between state and civil society structures in maintaining the
rule of law during crisis situations. Thus, the study lays the groundwork for the formation
of a strategy for the legal stability of the state, which is centered on the individual, his
or her rights and the value of democratic principles even in the most extreme conditions.
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