The impact of war on the functioning of political institutions in Ukraine: challenges to the rule of law

Abstract

This article is devoted to the study of the role of political institutions in upholding the principles of the rule-of-law state during wartime, triggered by the full-scale aggression of the Russian Federation against Ukraine in 2022. The paper outlines the impact of war on key political institutions, in particular the legislative, executive, and judicial branches of power. It analyzes the mechanisms for ensuring the rule of law under martial law and identifies the main challenges and prospects for the functioning of these institutions. The research is based on the application of structural neo-institutionalism as the primary methodological approach for analyzing political institutions in the context of systemic adaptation to crisis conditions. A systemic approach made it possible to consider political institutions as elements of a unified political system undergoing transformation under the influence of war. To provide empirical support, a comparative method was applied, enabling the identification of specific features in the transformation of Ukrainian institutions in comparison with similar processes in other states that have experienced armed conflicts. The article substantiates that war creates significant challenges for the functioning of political institutions, such as the strengthening of executive power, risks to democratic procedures, and the necessity of adapting the legal system to wartime realities. It is established that martial law presents key threats to the rule-of-law state, including the risk of authoritarian tendencies, the reduction of civil rights, and pressure on judicial independence. Special attention is given to the analysis of measures aimed at preserving political institutions and their capacity to operate during wartime. The article emphasizes that even under a special legal regime such as martial law, a balance must be maintained between ensuring national security and adhering to the principles of the rule-of-law state. The conclusion highlights the need to maintain oversight of governmental actions, prevent usurpation of power, and reinforce mechanisms of legal accountability. It is underscored that following the end of the war, the restoration of the rule-of-law state should occur through the strengthening of democratic reforms, ensuring transparency in the functioning of political institutions, and expanding the role of civil society. In turn, the integration of international experience and cooperation with European structures are key factors in shaping an effective legal regulation system in the postwar period. The findings provide insights into the current challenges facing political institutions, the mechanisms of their adaptation to wartime conditions, and the prospects for strengthening democratic standards after the war.