Особливий період і воєнний стан як чинники впливу на концептуальні засади конституційного ладу та конституційно-правовий статус суб’єктів права в Україні

Special Period and Martial Law as Factors of Influence on the Conceptual Foundations of the Constitutional System and the Constitutional and Legal Status of Legal Subjects in UkraineThe article examines the patterns of transformation of the conceptual principles of the constitutional order of the state and the constitutional and legal status of legal subjects in Ukraine under the conditions of the special period and martial law.It is proved that these regimes radically change the implementation of the constitutional principles of the state order, shifting the emphasis from peaceful principles to ensuring national security and defense.It is emphasized that the assessment of the impact of these states on certain phenomena in Ukraine is complicated by the secrecy and limited access to the content of important legal acts adopted by state authorities during this period.It is argued that the specifics of the transformation of these phenomena can be revealed using the latest concepts of the legal terminology system introduced during the actions of these regimes, namely -"temporarily occupied territory", "European identity of the Ukrainian people", "irreversibility of the European and Euro-Atlantic course of Ukraine", "internally displaced persons", "combat immunity", "military-civilian administrations", "military administrations", "aggressor state", "terrorist state", etc.It is emphasized that although under these legal regimes in Ukraine the conceptual principles of the constitutional order of the state in terms of democracy, the rule of law and the social state cannot be legally changed, however, there is a rethinking of the content of the concept of the state, which under these circumstances becomes much less democratic, not aimed at the development of human and citizen rights and freedoms.It is proved that the temporary restriction of a number of constitutional human rights against the background of the complication of ensuring guarantees of justice is marked by the suspension of the implementation of some components of the concept of the rule of law.It is emphasized that the interpretation and application of the key conceptual principles of the constitutional order (sovereignty, territorial integrity, rule of law) are aimed at preserving the state as a basis for the future and the post-war restoration of the constitutional order.By highlighting changes in the actual and legal status of individual territories of Ukraine under these conditions, attention is drawn to the consequences of this for the principles of the territorial structure of the state.It is emphasized that such legal regimes are often accompanied by a revision of the conceptual principles of the constitutional and legal status of the state, primarily in terms of foreign policy priorities of its course and neutrality, as has happened in Ukraine since 2014.Keywords: constitutional and legal status, constitutional order, special period, rights, freedoms and obligations of man and citizen, neutrality of the state, sanctions, concept of a democratic, social and legal state.