Contemporary Vectors of Structuring Ukraine’s security legislation under martial law: theoretical and legal analysis
DOI:
https://doi.org/10.32631/v.2025.03.19Keywords:
security legislation, structure of legislation, structuring, martial law, national security, sources of law, security interventionism, military legislation.Abstract
The article provides a comprehensive theoretical and legal analysis of the structure of Ukraine’s national security legislation, identifies key trends (vectors) and problems in its development under martial law. The aim of the work is to form a comprehensive scientific description of the structure based on a systematic approach. It has been proved that the complication of the structure of security legislation is objective and inevitable, which is projected onto the sphere of law enforcement. The author's concept of the current stage of structuring security legislation as a dynamic, contradictory and multifactorial process is substantiated, and the author’s definitions of the concepts of “structure of national security legislation” and “structuring of national security legislation” are formulated. The main components of the structure of security legislation are analysed, and the role and place of the Constitution of Ukraine, laws, subordinate regulatory legal acts, international treaties and “non-classical” acts of strategic law-making in it are determined. It has been established that at the level of laws, its structure is formed mainly according to a horizontal rather than a hierarchical principle, and the thesis about the legal priority of security laws over others has been refuted. The key vectors of development of security legislation, which have been shaped by full-scale aggression, have been identified and characterised, including the dominance of military legislation and the author’s term “security interventionism” to denote the penetration of security norms into other areas of law. The main problems of the current stage of structuring, related to legal uncertainty, conflicts and instability of regulatory regulation, are outlined. Conclusions have been drawn regarding the unfinished nature of this process, its intensification and significant determination by military threats, which determines the prospects for further improvement.
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