Peculiarities of public authorities’ functioning in extraordinary regimes: international experience for Ukraine

The problem of constitutional regulation of public authorities’ powers in extraordinary regimes has become particularly relevant for Ukraine, which has faced a full-scale military invasion and is currently under martial law. This situation has revealed not only the state’s capacity for rapid adaptation but also existing gaps and risks within the constitutional and legal mechanism. Given that amending the Constitution of Ukraine during martial law is explicitly prohibited, there is an urgent need for the early study and development of a concept for future constitutional changes based on an analysis of international experience. The aim of the study is to conduct a comparative legal analysis of the constitutional regulation of public authorities’ powers under crisis regimes in France, Germany, and Sweden to develop well-founded proposals for improving the Fundamental Law of Ukraine. To achieve this goal, comparative legal, systemic, historical, and formal legal methods were used. The comparative analysis allowed for the identification of common and distinct features of foreign models, while the historical method provided an understanding of the genesis and reasons for their formation. As a result of the research, key approaches to ensuring the effectiveness of power and preserving democratic principles in crisis conditions were identified. It was established that France grants broad powers to the President accompanied by strong judicial control, whereas Germany strictly limits the executive branch (federal government), prioritizing parliamentary control. The Swedish experience demonstrates that pre-established mechanisms in case of total incapacity of the highest state authorities allow the state to act effectively even under existential threats. The results obtained indicate that the experience of these countries is valuable for Ukraine. Prospects for further research should focus on the possibilities of implementing the developed recommendations and conducting a broad public dialogue to legitimize constitutional reform, which is a necessary step for the post-war reconstruction of the state.

Authors

Institutions

Publication Details

Journal
Problems of Legality
Published
2026-10-30
DOI
https://doi.org/10.21564/2414-990x.174.364634
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Peculiarities of public authorities’ functioning in extraordinary regimes: international experience for Ukraine

V.Ye. Zhelnin, Anton Chyrkin
2 links
Problems of Legality
Legal and Policy Issues
article

Peculiarities of public authorities’ functioning in extraordinary regimes: international experience for Ukraine

V.Ye. Zhelnin, Anton Chyrkin
article en

Abstract

The problem of constitutional regulation of public authorities’ powers in extraordinary regimes has become particularly relevant for Ukraine, which has faced a full-scale military invasion and is currently under martial law. This situation has revealed not only the state’s capacity for rapid adaptation but also existing gaps and risks within the constitutional and legal mechanism. Given that amending the Constitution of Ukraine during martial law is explicitly prohibited, there is an urgent need for the early study and development of a concept for future constitutional changes based on an analysis of international experience. The aim of the study is to conduct a comparative legal analysis of the constitutional regulation of public authorities’ powers under crisis regimes in France, Germany, and Sweden to develop well-founded proposals for improving the Fundamental Law of Ukraine. To achieve this goal, comparative legal, systemic, historical, and formal legal methods were used. The comparative analysis allowed for the identification of common and distinct features of foreign models, while the historical method provided an understanding of the genesis and reasons for their formation. As a result of the research, key approaches to ensuring the effectiveness of power and preserving democratic principles in crisis conditions were identified. It was established that France grants broad powers to the President accompanied by strong judicial control, whereas Germany strictly limits the executive branch (federal government), prioritizing parliamentary control. The Swedish experience demonstrates that pre-established mechanisms in case of total incapacity of the highest state authorities allow the state to act effectively even under existential threats. The results obtained indicate that the experience of these countries is valuable for Ukraine. Prospects for further research should focus on the possibilities of implementing the developed recommendations and conducting a broad public dialogue to legitimize constitutional reform, which is a necessary step for the post-war reconstruction of the state.

Problems of Legality(174)
Yaroslav Mudryi National Law University (UA)
Peace, justice, and strong institutions
Openalex Percentile: Top 3%
Legal and Policy Issues
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Laika access coming soon