EXTRAORDINARY CIRCUMSTANCES AS A BASIC FOR THE FORMATIN OF THE LEGAL ORDER: PRACTICAL ASPECTS OF LEGITIMACY

Abstract

The purpose of the article is to study the changes in the legal order that may occur due to extraordinary circumstances of reality, the recognition of the fact of existence of which occurs without the introduction of an extraordinary administrative-legal regime and the nature of legitimacy and, as a result, the acquisition of actual legality of the corresponding changes. The article explores the relationship between extraordinary circumstances existing in reality and their ability to alter the legal order without the formal introduction of emergency legal regimes. The analysis covers the grounds and objectives for declaring a state of emergency and martial law. It is noted that the primary goal of introducing these regimes is to restore a legal order free from threats and to return special powers to competent authorities. At the same time, the article examines the events of 2014 related to the procedures for restoring the Constitution of Ukraine and terminating the powers of Ukraine's fourth president. It appears that the decision-making process at that time did not comply with the then-current version of the Constitution. However, the motives behind these decisions reflected the socio-political and legal reality, which was extraordinary in nature, as its legitimacy was derived from the people's exercised right to resistance. Any procedural actions related to the change of government, the adoption, and signing of laws after the departure of President Yanukovych from Ukraine would not have complied with Article 6 of the Constitution of Ukraine. Under these circumstances, the author suggests viewing the events of the Revolution of Dignity as those of an extraordinary state, where the existing legal system ceased to serve as a directive for determining the legality of actions. Instead, a formal-legal approach functioned solely as a means of documenting the altered legal order. The analysis concludes that, despite the absence of a formally declared emergency legal regime, the extraordinary circumstances themselves effectively allowed for changes to the organization of public authority in Ukraine. The legitimacy of these actions, in turn, facilitated the legalization of the new legal order.