The principle of continuity of power in time of war was discussed at a roundtable
Observance of the principle of institutional continuity of power in Ukraine is extremely important in the current military situation, as depriving the Ukrainian government of its legitimacy is one of the obvious priorities of the aggressor not only for propaganda but also for discrediting it in the international arena.
This conclusion was reached by the participants of the roundtable discussion «The Principle of Institutional Continuity of Power in Ukraine: Challenges in the Context of Martial Law and the Post-War Period» organized by the UNBA Committees on Electoral Law and Rule of Law.
During the round table, the following issues were discussed:
1. Legislative regulation of the institution of continuity of power in the context of national and international standards: parliamentary and presidential dimensions;
2. The role of constitutional control bodies in terms of official interpretation of the issues of continuity of power;
3. Law enforcement practice on the institutional framework for the continuity of power: court opinions, CEC practice, etc.
The event was attended by members of the NAAU committees, MPs of Ukraine, the Head of the Administrative Court of Cassation of the Supreme Court, members of the Central Election Commission of Ukraine, academics, representatives of the International Foundation for Electoral Systems IFES and the NGO Center for Political and Legal Reforms. The event was attended by students of Taras Shevchenko National University of Kyiv.
Maryna Stavniychuk, Chairman of the Rule of Law Committee, outlined in detail the issue of standards for the organization of state power in wartime. The speaker described the legal basis of the continuum as a principle of international law. The speaker noted that the Constitution of Ukraine provides an exhaustive answer to the question of ensuring the principle of institutional continuity of power in the context of systematic interpretation of the Constitution of Ukraine.
Mykhailo Smokovych, Chairman of the Administrative Court of Cassation within the Supreme Court, emphasized that the principle of institutional continuity of power is contained in the provisions of the Constitution of Ukraine, in particular, regarding the powers of the Verkhovna Rada of Ukraine and the powers of the President of Ukraine. He also emphasized that the issue of continuity of power also applies to other state authorities, in particular, the judiciary.
Oleksandr Kachura, Deputy Chairman of the Verkhovna Rada Committee on Organization of State Power, Local Self-Government, Regional Development and Urban Planning, outlined the importance of ensuring the principle of institutional continuity of power and noted the need to obtain the position of the Constitutional Court of Ukraine on the official interpretation of this issue in wartime.
Andriy Yevstigneev, a member of the Central Election Commission of Ukraine and the Council of the Committee on Electoral Law spoke about the CEC's law enforcement practice regarding the powers of public authorities at different levels and the problem of suspending electoral processes for the election of deputies at different levels.
Olga Lotiuk, Chairman of the Department of Constitutional Law at the Taras Shevchenko National University of Kyiv, devoted a significant part of her report to the principles that form the basis of the constitutional order in Ukraine, paying special attention to the decisions of the Constitutional Court of Ukraine.
Oksana Vasylchenko, Professor of the Department of Constitutional Law at Taras Shevchenko National University of Kyiv and member of the Board of the UNBA Committee on Election Law, analyzed the issue of the official interpretation of the problem of institutional continuity of power by the Constitutional Court of Ukraine. At the same time, the speaker emphasized the need to form the judges of the constitutional control body as soon as possible.
Borys Siklitskyi, a member of the Council of the Committee on Electoral Law, spoke about the legal positions of the continuity of power, in particular, the study of the practice of international judicial institutions.
Tetyana Saviak, a member of the Electoral Law Committee's Council, made a presentation on the legislative regulation of the institution of the continuity of power in the context of the powers of the President of Ukraine. The speaker analyzed the content of the relevant provisions of the Constitution of Ukraine concerning the need to prevent ambiguous interpretation of the issue of the exercise of powers by the President of Ukraine.
Mykola Torbeyev, a member of the Council of the Committee on Electoral Law, voiced problematic issues of institutional continuity of power in the context of acquiring and terminating powers of deputies of different levels.
Oleksandr Kliuzhev, an expert on electoral law reform at the International Foundation for Electoral Systems (IFES) in Ukraine, joined the roundtable discussion and emphasized the need to take into account the position of civil society representatives, which relates to a proper understanding of the principle of institutional continuity of power and may become a prerequisite for future post-war elections in Ukraine.
Yulia Kyrychenko, a member of the Board and head of constitutional law projects at the Center of Policy and Legal Reform, also expressed her opinion. She emphasized the importance of communicating to the public the main characteristics of the institutional framework for the continuity of power. She also expressed the position that it is inexpedient to appeal to the Constitutional Court of Ukraine to interpret the issue of continuity of powers of public authorities in Ukraine. The speaker also pointed out the decisive role of the Verkhovna Rada of Ukraine in the appointment of the first post-war elections in Ukraine.
Alla Basalaeva, Chairman of the Committee on Electoral Law, summarized the positions of the participants and reiterated the readiness of the bar community to actively cooperate with the legislative, executive and judicial branches of government, as well as with representatives of civil society in the issues of information and legal coverage of the institution of continuity of power in Ukraine.
Popular news
Guarantees of the practice of law
The NACP’s clarification regarding the declaration of membership in the UNBA should be clarified – BCU
An advocate’s membership in the UNBA is an element of professional status arising by virtue of law, rather than a voluntary private membership in an association. Therefore, failure to disclose it in a declaration should not automatically lead to the conclusion of unethical conduct or the concealment of a private interest.
Legislation
The UNBA is counting on the swift ratification of the Convention on the Protection of the Professions of Lawyer
The ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer must be accompanied by targeted amendments to legislation to strengthen safeguards for advocates, but should not be used as a pretext for dismantling the self-governing model of advocacy.
Interaction
A manifesto on AI in law was presented in Europe. The UNBA has joined the initiative
On June 24, as part of European Legal Sovereignty Day, which took place in Brussels, the Manifesto for a Referential of Human Guarantee in the Legal Use of AI was presented.
Court practice
Martial law has changed administrative disputes – findings from IUS PUBLICUM 2026
During martial law, the focus of administrative proceedings shifted: in addition to tax disputes, cases involving access to public information, personal data protection, and challenges to regulatory acts, the docket now includes mobilization issues, challenges to decisions by the TCC and the Special Purpose Commission, disputes regarding deferrals, military service, sanctions, and new administrative restrictions.
Court practice
Lidiya Izovitova identified 7 challenges in administrative proceedings for advocates
The predictability of judicial practice, jurisdictional disputes, cassation filters, enforcement of judgments against the state, the burden of proof, written proceedings, and guarantees for the practice of law remain key issues in administrative justice for advocates.
Guarantees of the practice of law
Preparations for the ratification of the Convention on the Protection of the Professions of Lawyer are in the final stages
On June 9, the Verkhovna Rada Committee on legal policy held a working meeting to prepare for the ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer. The Ministry of Justice and the Ukrainian National Bar Association agreed on approaches to draft laws regarding the ratification and implementation of the Convention. Participants have been given 10 days to prepare the draft laws that will be submitted for consideration.
Announcements
Internships at German law firms: IRZ is accepting applications from Ukrainians
In 2026, the German Foundation for International Legal Cooperation (IRZ) plans to organize a multilateral internship program for young advocates from partner countries. Participants will attend an introductory seminar in Bonn and complete internships at law firms in Germany.
Appointment
A representative of the UNBA will be stationed in Düsseldorf
By Order No. 159 of the President of the UNBA, BCU, dated June 3, 2026, advocate Vyacheslav Us has been appointed as the representative of the Ukrainian National Bar Association in the Federal Republic of Germany, in the city of Düsseldorf.
Publications
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates