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Rivalry Between Legal Principles and the Rule of Law in the Context of Armed Conflict: Case Study – Ukraine
Örebro University, School of Behavioural, Social and Legal Sciences.ORCID iD: 0000-0001-5680-3177
2024 (English)In: Rule of Law in a Transitional Spectrum / [ed] Rigmor Argren, Uppsala: Iustus förlag, 2024, p. 287-327Chapter in book (Other academic)
Abstract [en]

This study examines the phenomenon of the rivalry (competition) between legal principles and its impact on the rule of law in a state during armed conflict. For this purpose, the Ukrainian experience was investigated as a case due to the war in Ukraine, which was provoked by the aggression of the Russian Federation in 2022. The research scrutinises different legal acts that were adopted during the wartime in Ukraine and the responses to them by the authorities that are allowed to apply law. The author proceeds from the assumption that behind each legal norm, in its foundation, there is a principle of law or a set of them that manifest themselves through legal norms when they are applied in a specific situation. Each principle of law is formulated as an absolute, and each of them tends to its own self-absolutization.The only restraint on the self-absolutization of a principle is another principle of law. The study shows the difficulties and consequences of rivalry between legal principles. The situation of the rivalry between legal principles can be identified only in the process of the application of law and is characterised by the circumstances that lead to the necessity of choosing which principle of law should be upheld in a certain situation. This situation must be prevented by the inspection of the preconditions to it in law and the practice of the application of law. The rule of law in a state is negatively affected by the rivalry between legal principles. The paper also highlights the problems that agencies authorised to apply the law face in cases of rivalry between legal principles and a lack of statutes’ or courts’ clarifications in this regard. Therefore, a concrete mechanism for balancing the principles of law in the situation of their rivalry must be practically implemented.

Place, publisher, year, edition, pages
Uppsala: Iustus förlag, 2024. p. 287-327
Keywords [en]
Competition of legal principles, Rule of law, Armed conflict in Ukraine, Rivalry between legal principles, Principles of law, Balancing the principles of law
National Category
Law Other Legal Research Criminology
Research subject
Law
Identifiers
URN: urn:nbn:se:oru:diva-111807ISBN: 9789177372721 (print)OAI: oai:DiVA.org:oru-111807DiVA, id: diva2:1839590
Funder
Riksbankens JubileumsfondAvailable from: 2024-02-21 Created: 2024-02-21 Last updated: 2025-02-20Bibliographically approved

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Orzikh, Yurii

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CiteExportLink to record
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Citation style
  • apa
  • ieee
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  • de-DE
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