Peace & security as fundamental values in conditions of transformation of international and constitutional legal order

Abstract

The nature and essence of peace and security as fundamental universally recognized values is analyzed, their significance for international and constitutional legal orders undergoing transformations of organizational and legal foundations, institutional mechanisms is clarified. The axiological dimension of the concepts of the right to peace and the right to security as individual and collective rights, their dichotomous nature, which determines their provision at the national, universal, regional levels, is emphasized. The realization of the rights to peace, security, identity, national resilience or stability, sustainable development requires effective cooperation between international and national institutions, experts, civil society etc. It is seen that these are values of the highest order for a person and all of humanity, the world community and its individual regions, and at the same time, a shared responsibility for their provision or violation. The dynamics of international and constitutional legal order in the context of the aforementioned challenges and threats necessitates the transformation of their organizational and legal foundations, institutional and other mechanisms. This concerns ensuring continuity, consistent development of object-subject components, modernization of the system of international law and the system of international collective security at various levels, the national legal system of Ukraine, other states, the evolution of their components, including doctrinal sources, constitutional and legal framework and law enforcement practice, increasing legal awareness and legal culture. At the same time, in our opinion, it is time to reform the UN, OSCE, other international organizations, update the sources of international humanitarian law and international criminal law, international human rights law, etc., taking into account the experience of russian aggression against Ukraine, the actual genocide of the Ukrainian people, as well as digitalization and other innovations. In the context of ongoing aggression and globalization challenges, European integration and digitalization, guaranteeing peace and security, protecting fundamental rights, restoring violated rights and freedoms, creating conditions for peaceful coexistence and civilized conflict resolution, as well as finding optimal urgent and effective ways to hold accountable for violations of imperative norms and principles of international law, international and constitutional orders are priority tasks not only for Ukraine, but also for the world community. That is, the Ukrainian state is actually the locomotive of transformations not only of the constitutional, but also of the international legal order in order to establish and preserve peace and security, achieve victory and justice, and ensure the effectiveness of guarantees of human rights and humanity for current and future generations.