Derevianko Serhii. A security dimension of democracy in the conditions of the Hybrid War (original) (raw)

2020, Derevianko S. M. Bezpekovyi vymir narodovladdia v umovakh hibrydnoi viiny. iDerzhava i pravo : zb. nauk. pr. Seriia. Politychni nauky / In-t derzhavy i prava im. V. M. Koretskoho NAN Ukrainy. Kyiv: Vyd-vo «Iurydychna dumka», 2020. S. 308–318.

https://doi.org/10.33663/1563-3349-2020-87-308

Generalized approaches to understanding the essence of democracy, its institutions and hybrid war as political and legal phenomena. Based on the analysis of existing normative legal acts the fundamental provisions of the Constitution of Ukraine are disclosed, which protects the sovereignty and territorial integrity of Ukraine, ensuring its economic and information security are the most important functions of the State, the affair of all Ukrainian people. The peculiarities of the application in the conditions of newest Russian-Ukrainian hybrid War of the direct democracy institutions, considered by the international community as the probable format for solving the problem of the occupied territories’ status, are analysed. It focuses on attempts to manipulate the idea of folk volition leaders of self-proclaimed formations to identify themselves and legitimization of regional separatism. Generalized approaches to understanding the essence of democracy, its institutions and hybrid war as political and legal phenomena. Analyses the definitions of the terms ‘democracy’, ‘hybrid war’, ‘National security’ and derivatives from them. On the basis of analysis of current normative legal acts reveals the fundamental provisions of the Basic Law on which protection of sovereignty and territorial integrity of Ukraine, ensuring its economic and information security are the most important functions of the State, the business of the whole Ukrainian people. Analyses the norms of the current law of Ukraine ‘on national security of Ukraine’, which define the principles of democratic civilian control over the authorities, formation of the State security and defence sector, types and subjects of control and their powers It is proved that the security nature of restrictions on the use of institutes of democracy may occur under conditions of martial law or state of emergency. The peculiarities of the application in the conditions of newest Russian-Ukrainian Hybrid War of the Institutes of Direct democracy, considered by the international community as the probable format of problem-solving of the occupied territories’ status, are analysed. The position of the Ukrainian authorities is argued about the possibility of implementing such a scenario only after full liberation of the territory of Ukraine from the aggressor. It is emphasized on attempts to manipulate the idea of folk volition leaders of self-proclaimed formations of volition for self-identification and legitimation of regional separatism. Considerations on the grounds and expediency of limiting the political rights of citizens in the introduction of martial law. Formulated separate proposals for amendments to the current legislation on extending the use of institutes of direct democracy. Keywords: hybrid war, democracy, direct democracy national security, political institutions, sovereignty.