Authors

Discussion

Human rights violated during the war in Ukraine include the right to life and health care, the right for dignity, freedom and security, the right to inviolability of civilian’s housing, the right to education, the right to freedom of religion, the right to citizenship, the right to free elections and referendums, the right to a safe and healthy environment, the right to protection of cultural heritage etc.

The legitimacy of state power should be ensured through the institutes of direct and representative democracy. Is there a difference in the state of war? Direct routes are not limited to elections, referendums and freedom of assembly, the realization of which is restricted during the war period. According to the Constitution of Ukraine, it is also the right to participate in state decision-making through associations, petitions, freedom of speech and access to public service. The institutes of direct democracy perform moments, i.e., flashes of peoples’ governing. The day-to-day democratic regime in any country is exercised through representative bodies (still consisting of citizens), acting in the spheres of legislature, executive power and justice.

The right to judicial protection is one of the fundamentals. The judicial branch of power in modern Ukraine tends to rely on the in-state system, but also on international courts, presumably the future tribunal. One of the goals is to comprehend what are the democratic options for citizens’ involvement at this stage and level – for investigators, judges, participants of the process and legal scholars.