Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.41 N° 78
Julio
Septiembre
2023
Recibido el 24/02/23 Aceptado el 11/04/23
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
:
Re vicyhLUZ, In ter na tio nal Po li ti cal Scien ce Abs tracts, Re vis ta In ter ame ri ca na de
Bi blio gra fía, en el Cen tro La ti no ame ri ca no para el De sa rrol lo (CLAD), en Bi blio-
gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
Po li ti cal Scien ce, Re vencyt, His pa nic Ame ri can Pe rio di cals In dex/HAPI), Ul ri ch’s
Pe rio di cals Di rec tory, EBS CO. Se en cuen tra acre di ta da al Re gis tro de Pu bli ca cio-
nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
L
OIRALITH
M. C
HIRINOS
P
ORTILLO
Co mi té Edi tor
Eduviges Morales Villalobos
Fabiola Tavares Duarte
Ma ría Eu ge nia Soto Hernández
Nila Leal González
Carmen Pérez Baralt
Co mi té Ase sor
Pedro Bracho Grand
J. M. Del ga do Ocan do
José Ce rra da
Ri car do Com bel las
An gel Lom bar di
Die ter Nohlen
Al fre do Ra mos Ji mé nez
Go ran Ther born
Frie drich Welsch
Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nil da Ma rín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 41, Nº 78 (2023), 541-553
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Regulatory activities of the government
of ukraine during marital status conditions
DOI: https://doi.org/10.46398/cuestpol.4178.37
Anatolii Zaiets *
Zoya Pohoryelova **
Abstract
The peculiarities of the exercise of powers and the procedure
for the implementation of regulatory activities of the Government
of Ukraine under the conditions of martial law from February
24, 2022 are examined. This research was conducted through
the classication of types of special legal regimes and current
legislation on martial law in Ukraine, the requirements of the
Constitution of Ukraine and the experience of introducing martial
law in general, along with the analysis of the subject powers and
the decisions made by them in the humanitarian, socio-economic
and defense sphere. In addition, selected problematic issues
granting legislative powers to the government are indicated. Axiological,
analytical, historical-comparative, comparative-historical, comparative-
legal, hermeneutical and formal-legal methods were used to achieve
the research objectives. It is concluded that, despite the conditions of
martial law, the government powers meet the requirements of the current
Constitution of Ukraine. A signicant simplication of the order of its
normative activities requires the existence of appropriate mechanisms for
their fulllment. With the principles of the rule of law and the protection of
human rights in these conditions.
Keywords: special legal regimes; martial law; government of Ukraine;
normative powers; normative procedure.
* Doctor of legal sciences, professor, Head of the Theoretical Jurisprudence and Public Law Department,
National University of Kyiv-Mohyla Academy, Kyiv, Ukraine ORСID ID: https://orcid.org/0000-0001-
5636-0142
** Candidate of legal sciences, associate professor of the Department of Theory and History of State and
Law, Uzhhorod National University, Uzhhorod, Ukraine. ORCID ID: https://orcid.org/0000-0002-
1386-8592
542
Anatolii Zaiets y Zoya Pohoryelova
Regulatory activities of the government of ukraine during marital status conditions
Actividades reguladoras del gobierno durante las
condiciones de estado civil
Resumen
Se examinan las peculiaridades del ejercicio de los poderes y el
procedimiento para la implementación de las actividades normativas del
Gobierno de Ucrania, bajo las condiciones de la ley marcial, a partir del 24 de
febrero de 2022. Esta investigación se llevó a cabo a través de la clasicación
de los tipos de regímenes legales especiales y la legislación actual sobre la
ley marcial en Ucrania, los requisitos de la Constitución de Ucrania y la
experiencia de introducir la ley marcial en general, junto al análisis de los
poderes sujetos y las decisiones tomadas por ellos en la esfera humanitaria,
socioeconómica y de defensa. Además, se indican temas problemáticos
seleccionados que otorgan poderes legislativos al gobierno. Para alcanzar los
objetivos de la investigación se utilizaron métodos axiológicos, analíticos,
histórico-comparativos, jurídico-comparativos, hermenéuticos y jurídico-
formales. Se concluye que, a pesar de las condiciones de la ley marcial, los
poderes del gobierno cumplen con los requisitos de la actual Constitución
de Ucrania. Una simplicación signicativa del orden de sus actividades
normativas requiere la existencia de mecanismos apropiados para su
cumplimiento. Con los principios del Estado de derecho y la protección de
los derechos humanos en estas condiciones.
Palabras clave: regímenes legales especiales; ley marcial; gobierno
de Ucrania; poderes normativos; procedimiento
normativo.
Introduction
Attention to the rule-making activity of the Cabinet of Ministers
of Ukraine has always been very high due to its signicant role in the
implementation of Government policy and inuence on public relations.
Therefore, the tasks of improvement of this activity and the improvement
of the quality of Government acts have always been considered urgent.
Although much has been done in this area in recent years, there is still a
need to increase the level of systematization of the Government’s rule-
making activities, which would include proper planning, close coordination
and eective control overrule-making activities.
The relevance of these issues has not diminished in the conditions of
the introduction of martial law in Ukraine from February 2022, although
the Government has focused on solving the most urgent problems of
the country’s vital activities, leaving for the future the general issues of
optimizing rule-making activities.
543
CUESTIONES POLÍTICAS
Vol. 41 Nº 78 (2023): 541-553
Despite the existence of general legislation on martial law in Ukraine (The
Law of Ukraine “On the legal regime of martial law”, 2015), its introduction
called for a more in-depth study of the conditions and requirements for the
application of its many provisions regarding the entire spectrum of human
rights and freedoms as well as citizen’s rights and freedoms, the activities
of state authorities and local self-government, and thereby also regarding
the understanding of the requirements for the Government’s rule-making
activity in the conditions of martial law, the limits of the Government’s
rule-making powers, the rules and procedure for their implementation.
The developers of the Ukrainian legislation on martial law relied on the
practice of state authorities in the conditions of martial law in November-
December 2018 in ten regions of Ukraine, considered European and world
experience in this eld, used the works of domestic and foreign scientists
devoted to theoretical and legal aspects of introducing martial law in
dierent countries.
1. Literature review
Many academic works in Ukraine are focused on the study of theoretical
and legal aspects and experience of introducing martial law. They covered,
in particular, emergency legislation in foreign countries (Koliushko, 2020),
the issue of the administrative and legal regime of the state of emergency
(Andriy Basov, 2006), foreign experience and the Ukrainian model of
martial law (Kuznichenko and Golub, 2019), problems of legal regulation of
“martial law”, “state of war” and “wartime” (Topolnitsky and Tychna, 2019),
certain aspects of the procedure for the introduction and termination of the
legal regime of martial law in Ukraine (Lobko et al., 2019) observance of
human rights in the conditions of martial law (Hvozd, 2018) etc.
Researchers from other countries considered the use of emergency
powers in peacetime (Bonner, 2019), the emergency powers of the US
President (Goitein, 2019), the conditions for the use of emergency powers in
democratic countries and international conicts (Rooney, 2019), practical
and theoretical aspects of emergency powers (Head, 2016), typology of
extraordinary powers (Ferejhon and Pasquino, 2004), extraordinary
powers of the executive power (Friedman, 2009), etc.
2. Methodology
The methodological grounds of this research lie primarily in the
following general scientic methods as axiological, analytical, comparative-
historical, comparative-legal, hermeneutic methods, as well as the formal-
544
Anatolii Zaiets y Zoya Pohoryelova
Regulatory activities of the government of ukraine during marital status conditions
legal method. The axiological method has made it possible to focus the
conducted research on the signicant aspects of law-making activity,
which consist in the need to ensure a high level of perfection of the current
legislation adopted by the parliament, considering the need to observe
human dignity, freedom, justice, and ensure free entrepreneurship.
The analytical method was aimed at a qualitative comprehensive analysis
of the law-making activity of the parliament and the rule-making activity of
the Government of Ukraine. Comparative-historical, comparative-legal, and
hermeneutic methods were used to critically assess the state of legislation
in the eld of martial law in comparison with modern European and world
achievements. The formal-legal method was used to assess the state of the
regulatory framework of the Government’s regulatory framework, the rule-
making process.
3. Classication of types of emergency situations, their
constitutional and legal regulation, experience of introducing
martial law in dierent countries
In the constitutional legislation of foreign countries, several types
of emergency situations (emergency situations; state of emergency) are
enshrined, which entails the granting of emergency powers, in particular, a
state of emergency (this includes such countries as the USA, Great Britain,
Canada, India, Portugal, France, Germany, Spain, Poland, Finland, Turkey
and others), martial law regime (USA, Great Britain, Poland, Romania and
others) state of siege (Belgium, Italy), state of war (Belgium, Italy), state of
defense ( Germany, Finland). Legislation on emergency situations is quite
heterogeneous, as is the scope of powers granted to state authorities or the
military in the context of the introduction of martial law or other state.
Since the 19th century, more than 80 countries, including the USA,
China, Canada, Japan, Turkey, Japan and many others, have faced the
need to introduce martial law. The introduction of martial law mostly took
place in peacetime and without a declaration of war. So, for example, in
the USA, Article 1 of the Constitution allows the declaration of martial law
in the event of an uprising or a situation that threatens public safety and
traditional methods of security protection are insucient.
According to the legislation in force today (National Emergencies Act,
1976), during a state of war, the President of the United States can perform
actions necessary to maintain public order, in particular, to remove
administrative bodies from performing their duties, transferring their
performance to the Ministry of Defense, introduce military tribunals. The
Emergency Powers (Defence) Act was passed in Great Britain in 1939.
545
CUESTIONES POLÍTICAS
Vol. 41 Nº 78 (2023): 541-553
This law allowed the Government to adopt the so-called “defense
decrees”, which allowed the Government to carry out a wide range of actions,
in particular, to make arrests, enter premises and even impose the death
penalty for certain crimes (breaking through roadblocks and robbery). The
law was in eect until 1964.
In Canada is legislation on emergency powers (Emergencies Act, 1985),
which provides for the introduction of a state of war and the granting of
appropriate powers to the Government.
Article 16 of the Constitution of the French Republic (Constitution
du 4 octobre, 1958) states that when the institutions of the Republic, the
independence of the nation, the integrity of its territory are under serious
and immediate threat, and the normal functioning of constitutional public
bodies is suspended, the President of the Republic takes measures dictated
by these circumstances, after ocial consultation with the Prime Minister,
heads of chambers, as well as the Constitutional Council. These measures
should be dictated by the desire to provide constitutional public bodies with
the opportunity to full their tasks as soon as possible.
The Constitution of Spain (Article 116) provides for three types of state of
emergency regulated by organic law: state of threat, state of emergency and
state of siege and establishes the corresponding powers and limitations and
also provides that the declaration of a state of threat and state of emergency
and siege does not cancel the principle of responsibility of the Government
and its representatives It is the Government of Spain that has the right to
declare a state of emergency.
Martial law in the countries of the world was mainly introduced in
peacetime and was accompanied by restrictions on the rights and freedoms
of people and citizens (primarily, restrictions on freedom of movement and
change of residence), the introduction of curfews, expansion of the powers
of the Government and restrictions on the powers of local authorities.
The extent of these restrictions depended on the severity of threats to
internal security. In democratic countries, such restrictions were minimal
in nature and based on the requirements of the relevant legislation, and
the specics of the exercise of powers by state authorities were largely
determined by the form of state government.
On June 19, 2020, the European Commission “Democracy through
Law” (Venice Commission) issued a Report (Report respect for democracy,
human rights and the rule of law during states of emergency, 2020), which
summarizes the constitutional and legal regulation of emergency situations
(state of emergency): war or other emergency situation threatening the
life of the nation, as well as emergency powers for all member states and
observers of the Venice Commission and presents general legal standards
in this area.
546
Anatolii Zaiets y Zoya Pohoryelova
Regulatory activities of the government of ukraine during marital status conditions
According to the general rules, the provisions of the International
Covenant on Civil and Political Rights provide for the possibility of
a derogation from a simple limitation of guaranteed rights, and the
impossibility of a derogation from the so-called “absolute rights” (the right
to life, the prohibition of torture and inhuman or degrading treatment
and punishment, slavery, the principle of nullum crimen, nulla poena and
others).
General legal standards include the presence of parliamentary and judicial
control over the executive power to prevent the abuse of emergency powers
by national authorities, the application of the principles of subsidiarity and
proportionality of emergency measures and their compliance with the rule
of law.
4. Limits of normative powers of the Cabinet
of Ministers of Ukraine
The question of the limits of the Government’s rule-making powers
and the specics of their implementation under martial law should be
considered primarily in the context of the specics of the legal regime of
martial law as one of the important type of special legal regimes (along with
the regime of a state of emergency, emergency situation, quarantine, etc.),
as it is connected with the possibility of introducing the most signicant
restrictions on the rights and freedoms of a person and a citizen.
After all, that is why it is determined at the level of the Constitution of
Ukraine that the introduction of martial law or a state of emergency must
be accompanied by the indication of the term of these restrictions and a list
of rights and freedoms that cannot be limited is established (Constitution
of Ukraine, 1996: article 64). The Constitution of Ukraine regulates only
the most general issues of the procedure for introducing martial law, not
touching either the specics of the application of the martial law regime or
the powers of state authorities in the conditions of martial law.
The acuteness and need to protect the country determine the measures
that can be implemented under the legal regime of martial law, as well
as the scope of powers of state authorities and the procedure for their
implementation (Articles 9 - 18 of the Law “On the legal regime of martial
law”, 2015). In 2021-2022, the current legislation of Ukraine on martial
law was signicantly adjusted. The Law comprehensively regulates the
activities of the Government in the conditions of martial law.
It is established, in particular, that the Cabinet of Ministers of Ukraine
in the event of the introduction of martial law in Ukraine or some of its
localities works in accordance with its Regulations; organizes and directs
547
CUESTIONES POLÍTICAS
Vol. 41 Nº 78 (2023): 541-553
central and other executive bodies under martial law; after the start of an
armed conict, takes measures to create safe zones in accordance with the
norms of international humanitarian law, organized in a way that makes it
possible to ensure the protection of civilians.
To fulll these provisions and in connection with the need for further
improvement of legal relations, the Verkhovna Rada of Ukraine during the
period of the introduction of martial law from February 24, 2022, adopted
a number of legislative decisions of a sectoral nature aimed at clarifying and
expanding the powers of the Government during the period of introduction
of martial law.
5. Discussion
The most signicant, exclusive powers of the Government should be
considered by the proposed changes to the current legislation (the Law
of Ukraine “On amendments to certain laws of Ukraine on ensuring state
management in martial law”), which, however, did not enter into force
because the bill is not yet signed by the President of Ukraine.
Thus, this Law stipulates that the Cabinet of Ministers of Ukraine, in the
event of the introduction of martial law in Ukraine or some of its localities,
makes decisions on all issues that require legislative regulation under
martial law conditions, in compliance with Article 64 of the Constitution
of Ukraine regarding the restriction of constitutional human rights and
freedoms and citizen, including decisions on determining tax payers,
taxable objects, tax base, tax rates, tax calculation procedure, tax period,
tax payment term and procedure, tax reporting term and procedure, tax
benets and their application procedure.
Within two days after the adoption of such a decision, the Government
submits to the Verkhovna Rada of Ukraine a draft law regulating the
relevant issues. If, based on the results of consideration by the Verkhovna
Rada of Ukraine, such a draft law is rejected, the relevant decision of the
Cabinet of Ministers of Ukraine loses its validity from the day following the
day of adoption of the decision to reject the draft law.
If, within one month from the date of registration of such a draft law,
the Parliament does not make a decision on its rejection or acceptance as
a whole, the relevant decision of the Government becomes invalid after
the expiration of the specied period or from the day following the day of
termination or cancellation of martial law, if this happens earlier. Decisions
of the Cabinet of Ministers of Ukraine provided for in this part shall not be
applied in the event of adoption and entry into force of a law dening the
specics of resolving relevant issues under martial law. The procedure for
entry into force of Government resolutions is also regulated.
548
Anatolii Zaiets y Zoya Pohoryelova
Regulatory activities of the government of ukraine during marital status conditions
Despite the fact that the introduction of martial law requires a signicant
strengthening of the Government’s powers, giving it the power to regulate
social relations by law actually means the transfer (delegation) of the
Government’s legislative function.
This is inconsistent with the requirements of the Constitution of Ukraine,
Article 75 of which stipulates that the only body of legislative power in
Ukraine is the Parliament - Verkhovna Rada of Ukraine. The specied
provision of the project contradicts the requirement the Law of Ukraine
on the legal regime of martial law, which states that “[d]uring the period of
martial law, the powers of the President of Ukraine, the Verkhovna Rada
of Ukraine, the Cabinet of Ministers of Ukraine cannot be terminated...”
(Part 1 of Art. 10 of the Law of Ukraine “On the legal regime of martial law”,
2015).
Pursuant to the powers granted by law, the Government adopted several
of its own decisions from February 24, 2022, which concern important issues
of legal regulation of economic, social, humanitarian, nancial relations and
the budget, as well as a complex of issues of popular resistance, territorial
defense under martial law. Decisions on humanitarian issues concern child
protection, evacuation, children, etc.
The economic decisions connected with providing the Ukrainian
army with everything necessary, simplifying the procedure for public
procurement, food security, supporting the Ukrainian producer, regulating
critical imports, compensation for material damage caused by the aggressor,
and housing reconstruction.
The procedure for carrying out rule-making activities of the Government
has also undergone changes, while preserving the general rule set forth
in Article 12-1 of the Law of Ukraine that the Government “operates in
accordance with the Regulations of the Cabinet of Ministers of Ukraine
under martial law”.
After all, all the key provisions of the Government’s rule-making
activity, including multi-stage control over the quality of the Government’s
normative acts, are reected in the Regulation (Resolution of the CM “On
Approval of the Regulations of the Cabinet of Ministers of Ukraine”, 2007),
and technical and legal norms - in the Rules for the preparation of draft
acts of the Cabinet of Ministers of Ukraine (Resolution of the Cabinet of
Ministers “On approval of the Rules for the preparation of draft acts of the
Cabinet of Ministers of Ukraine”, 2005).
It should be emphasized that the procedure of the Government’s rule-
making activity under normal conditions, namely before the introduction
of martial law in Ukraine, provided for by the Regulation, was democratic
and considered the holding of public consultations this, took into account
the interests of the regions, compliance with the necessary examinations.
549
CUESTIONES POLÍTICAS
Vol. 41 Nº 78 (2023): 541-553
In the conditions of the introduction of martial law, the Government
signicantly simplied the procedure for consideration at the Government
meeting of draft acts on urgent issues prepared during the period of martial
law.
The amendments to the Regulations introduced in December 2022
established that during the period of martial law in Ukraine or in some of its
localities, in urgent cases requiring immediate decision-making, the Prime
Minister or another member of the Government, with the agreement of the
Prime Minister the Minister may submit a draft act for consideration by
the Government without complying to the requirements of this Regulation
regarding approval and consultations, legal examination by the Ministry of
Justice, consideration at a meeting of the Government Committee
In December 2021, the mandatory requirement for consideration of draft
decisions by government committees, as well as the mandatory holding of
public consultations with representatives of interested parties regarding
draft acts of the Cabinet of Ministers, was abolished.
Obviously, these decisions should be considered as stringent, temporary,
and extraordinary measures. After all, the Government’s activity in the
conditions of martial law does in fact require extraordinary and fast
decisions, but it is hardly possible to neglect the fundamental principles of
rule-making activity, in particular, the principles of democracy, the rule of
law, the protection of human rights, the scientic validity of rule-making
decisions, and others.
Therefore, in any case, the following examination of this kind of adopted
acts should be carried out in order to have the possibility of adjusting them
in the future. This is also important in view of the fact that the procedure
for the implementation of rule-making activity and its separate stages and
elements of its mechanism, although they indicate that in recent years the
professionalism and quality of Government acts have improved, however,
the entire mechanism of rule-making activity did not constitute a single
highly eective training system, adoption, publication, implementation
and monitoring of relevant Government acts; many of its elements worked
ineciently and needed improvement.
It is obvious that with the return to peaceful life, measures aimed at
improving the government’s rule-making activities should be developed.
This necessity is recognized by the Government itself (Strategy for reforming
public administration of Ukraine for 2022-2025, 2021).
Regarding the activities of the already mentioned Government
committees and public consultations, we believe that they should be
restored as fast as possible after the abolition of martial law. Government
committees should be the “sieve” that would sift out the lion’s share of
imperfect projects and correct the shortcomings of the procedure for
550
Anatolii Zaiets y Zoya Pohoryelova
Regulatory activities of the government of ukraine during marital status conditions
passing and approving Government acts. It should be emphasized that the
positive role of Government committees at many stages of the formation of
the Ukrainian state has not been fully utilized.
What has been said about the role and importance of the activities of
Government committees fully applies to the importance and importance
of public consultations with representatives of interested parties regarding
draft acts of the Government.
In such public consultations, a wider participation of public organizations
as institutions of civil society should be ensured, since public consultations
are not only a form of dialogue between executive authorities and the public,
but also contribute to the quality and real testing of Government decisions
on important issues of state and public life.
Even under the conditions of martial law, there is a need to ensure free
access to information on government decisions that are being prepared for
consideration, including the publication of draft government acts on the
Government website for their public testing, a thorough generalization of
the expressed critical assessments of these projects and their consideration
in the nal drafts, which submitted to the Government for consideration.
Conclusions
The constitutional and legal principles of regulating states of
emergency in Ukraine, in particular, martial law, are generally similar
to the corresponding practice of democratic countries. The introduction
of martial law in Ukraine based on the current Constitution of Ukraine
and the corresponding legislation led to a signicant expansion of the
Government’s powers and signicant changes in the procedure for the
exercise of its rule-making powers. In general, it should be recognized that
the Government has actively used the given powers by making a signicant
number of decisions in all spheres of public life.
It is positive that despite attempts to grant the Government the authority
to legislate social relations, which would contradict the Constitution of
Ukraine, the nal adoption of this decision did not occur. As for the rule-
making activity of the Government, it has been signicantly simplied in
comparison to the procedure for the rule-making activity of the Government
under normal conditions provided for by the Regulation, including the
cancellation of public consultations on important issues of Government
policy, the possibility of suspending the activities of Government
committees, the need to hold legal and other types of examinations.
Considering the application of these measures as temporary and
extraordinary, it is necessary to emphasize the need for the existence of
551
CUESTIONES POLÍTICAS
Vol. 41 Nº 78 (2023): 541-553
appropriate mechanisms for compliance with the principles of the rule of
law and protection of human rights in these conditions. For this purpose,
legal and other types of examination of Government decisions should be
preserved in the form of examination of already adopted decisions, which
would make it possible to review decisions that contradict the Constitution
or current legislation.
Despite the state of war in the country, the issue of improving the rule-
making activity remains relevant, as well as the task of improving the sub-
legal legal regulation of social relations with the aim of carrying out urgent
socio-economic and management reforms, comprehensive reforming of the
Government’s rule-making activity itself.
Bibliographic References
BONNER, David. 1985. Emergency Powers in Peacetime. Sweet and Maxwell.
London, UK.
CONSTITUTION OF UKRAINE. 1996. Law of Ukraine. No. 254k /
96-vr. Available online. In: https://zakon.rada.gov.ua/laws/
show/254%D0%BA/96-%D0%B2%D1%80#Text. Date of consultation:
15/01/2023.
DRAFT LAW OF UKRAINE. 2022. “On amendments to certain laws of Ukraine
regarding ensuring governance of the state in martial law” of 24.03.2022
R. No. 7153. Available online. In: https://itd.rada.gov.ua/billInfo/Bills/
Card/39203. Date of consultation: 15/01/2023.
EMERGENCIES ACT (RSC, C. 22 (4TH SUPP.). 1985. Available online. In:
https://laws-lois.justice.gc.ca/eng/acts/E-4.5/. Date of consultation :
28/01/2023.
EMERGENCY POWERS (DEFENCE) ACT. 1939. Available online. In: https://
www.parliament.uk/about/living-heritage/transformingsociety/
private-lives/yourcountry/collections/collections-second-world-
war/second-world-war-legislation/emergency-powers-defence-
act-c20-1940-/. Date of consultation: 28/01/2023.
FEREJOHN, John; PASQUINO, Pasquale. 2004. “The law of the exception:
A typology of emergency powers” In: Oxford University Press and New
York University School of Law. Vol. 02, No. 02, pp. 210–239.
FRIEDMAN, Joshua. 2009. “Emergency powers of the executive: the president’s
authority when all hell breaks loose” In: Journal of law and health. Vol.
25, pp.265-306.
552
Anatolii Zaiets y Zoya Pohoryelova
Regulatory activities of the government of ukraine during marital status conditions
GOITEIN, Elizabeth. 2019. The Alarming Scope of the President’s
Emergency Powers. B. The Atlantic. Available online. In: https://www.
theatlantic.com/magazine/archive/2019/01/presidential-emergency-
powers/576418/. Date of consultation: 27/01/2023.
HEAD, Michael. 2016. “Emergency Powers in Theory and Practice”. The Long
Shadow of Karl Schmitt.
HVOZD, Victor. 2018. “Military state and human rights” In: Journal of
geopolitical analytics. No. 04, pp. 26-35.
KOLIUSHKO, Igor. Public administration reform in 2019: do we stand still or
do we move forward? 2020. LB.ua. Available online. In: https://lb.ua/
blog/igor_koliushko/454890_reforma_publichnoi_administratsii.
html. Date of consultation: 25/01/2023.
KUZNICHENKO, Sergiy; GOLUB, Victor. 2019. Martial law: foreign experience
and the Ukrainian model (comprehensive research experience).
Helvetica. Kyiv, Ukraine.
LAW OF UKRAINE. 2015. “On the legal regime of martial law” of 12.05.2015.
No. 389-VIII. Available online. In: https://zakon.rada.gov.ua/laws/
show/389-19#Text. Date of consultation: 27/01/2023.
LOBKO, M; SEMENENKO, V; FUCHKO, A. 2019. “Some aspects of the legal
regime of martial law in Ukraine: the procedure for its introduction and
termination” In: Collection of scientic papers of the Center for Military
and Strategic Research of the National Defense University of Ukraine
named after Ivan Chernyakhovsky. No. 02, No. 66, pp. 06-13.
NATIONAL EMERGENCIES ACT. 1976. Available online. In: https://www.
govtrack.us/congress/bills/94/hr3884/text. Date of consultation:
28/01/2023.
REPORT RESPECT FOR DEMOCRACY, HUMAN RIGHTS AND THE
RULE OF LAW DURING STATES OF EMERGENCY: Reections by
Nicos Alivizatos (Member, Greece) Veronika Bĺlková (Member, Czech
Republic) Iain Cameron (Member, Sweden) Oliver Kask (Member,
Estonia) Kaarlo Tuori (Member, Finland). 2020. Taken note of by the
Venice Commission on 19 June 2020 by a written procedure replacing
the 123rd plenary session. Available online. In: https://www.venice.
coe.int/webforms/documents/?pdf=CDL-AD(2020)014-e. Date of
consultation: 27/01/2023.
RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE No. 870.
2005. “On the approval of the rules for the preparation of draft acts
of the Cabinet of Ministers of Ukraine”. Available online. In: https://
553
CUESTIONES POLÍTICAS
Vol. 41 Nº 78 (2023): 541-553
zakon.rada.gov.ua/laws/show/870-2005-%D0%BF#Text. Date of
consultation: 20/01/2023.
RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE No. 950.
2007. “On approval of the regulations of the Cabinet of Ministers of
Ukraine”. Available online. In: https://zakon.rada.gov.ua/laws/
show/950-2007-%D0%BF#Text. Date of consultation: 20/01/2023.
ROONEY, Bryan. 2019. “Emergency Powers in Democracies and International
Conic” In: The Journal of Conict Resolution. Vol. 63, No. 03, pp. 644-
671.
STRATEGY FOR REFORMING THE STATE ADMINISTRATION OF
UKRAINE FOR 2022-2025. 2021. Available online. In: https://zakon.
rada.gov.ua/laws/show/831-2021-%D1%80#n9. Date of consultation:
20/01/2023.
TEXTE INTEGRAL DE LA CONSTITUTION DU 4 OCTOBRE 1958
EN VIGUEUR. 1958. Available online. In: https://www.conseil-
constitutionnel.fr/le-bloc-de-constitutionnalite/texte-integral-de-
la-constitution-du-4-octobre-1958-en-vigueur. Date of consultation:
29/01/2023.
TOPOLNITSKY, V; TYCHNA, B. 2019. “Problems of legal regulation of the
concepts “martial law”, “state of war” and “wartime” In: Legal position,
Vol. 25, No. 4, pp. 91-99.
www.luz.edu.ve
www.serbi.luz.edu.ve
www.produccioncienticaluz.org
Esta revista fue editada en formato digital y publicada
en julio de 2023, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.41 Nº 78
