Constitutional Law in Wartime: the impact of the Russia-Ukraine War on Ukrainian and global constitutionalism and human rights guarantees - HV4310

• Title: Constitutional Law in Wartime: the impact of the Russia-Ukraine War on Ukrainian and global constitutionalism and human rights guarantees
• Guaranteed by: Department of Constitutional Law (22-KUP)
• Faculty: Faculty of Law
• Actual: from 2023
• Semester: winter
• Points: 0
• E-Credits: 4
• Examination process: winter s.:
• Hours per week, examination: winter s.:1/1, colloquium [HT]
• 4EU+: no
• Virtual mobility / capacity: no
• State of the course: taught
• Language: English
• Teaching methods: full-time
• Teaching methods: full-time
• Level: basic
• Note: course can be enrolled in outside the study plan; enabled for web enrollment
• Guarantor: Sergiy Panasyuk, Ph.D.
• Teacher(s): Sergiy Panasyuk, Ph.D.

Annotation

Last update: Mgr. Barbora Šicnerová (19.09.2023)

The course was specially designed for Charles University students as an additional subject that will discuss modern issues of constitutional law and human rights during wartime.

During the course, students will learn such topics as basic provisions of the Ukrainian Constitution and domestic law and special legislative provisions of martial law and compare them with some of the Czech Republic laws provisions. Also, the International documents of human rights principles in war and armed conflicts will be discussed.

During lectures and seminars, the first Ukrainian governmental legislative steps and amendments after the Russian full-scale invasion on 24 February 2022. There will be analyzed violations of International and Ukrainian human rights principles by Russian government officials and troops. Also, legislative mistakes and constitutional and human rights violations by the Ukrainian government will be discussed.

As a finalization, students will be asked to predict and propose future steps that Ukraine and international society may take to reduce current human rights violations during the wars and how to minimize or avoid such violations in the future.

Requirements to the exam

Last update: Mgr. Barbora Šicnerová (20.09.2023)

Students can earn 100 points maximum.

 

10 points for each practice/seminar/discussion (20 points for two classes) + 30 points for class on topic 10 “If I was a country leader…” + final mini-conference 50 points.

 

The grade will depend on:

 

Quality of material (proofs, used sources, analyses, and conclusions), slide presentation presence, and speech quality (will student read from paper or not).

 

Also, organizing the presentations in small groups/teams will be possible depending on the number of students.

Syllabus

Last update: Mgr. Barbora Šicnerová (20.09.2023)

1.         Basics of the Ukrainian Constitutional provisions and principles, governmental structure, and inter-high officials’ relations (with some comparing with Czech Republic law) – 2 academic hours (lecture with questions and answers)

2.         Ukrainian constitutional and domestic law provisions about martial law (with some comparing with Czech Republic law) – 2 academic hours (lecture with questions and answers)

3.         International documents and principles of law in war and conflicts (lecture with questions and answers) – 2 academic hours (lecture with questions and answers)

4.         Practice/seminar/discussion on three previous lectures – 2 academic hours

5.         First legislative steps and amendments in war: the first immediate Ukrainian legislation changes and governmental actions after the Russian full-scale invasion on 24th of February 2022 – 2 academic hours (lecture with questions and answers)

6.         Constitutional and international human rights principles violation by Russian Government officials and soldiers – 2 academic hours (lecture with questions and answers)

7.         Legislative mistakes, constitutional and human rights violations by the Ukrainian government – 2 academic hours (lecture with questions and answers)

8.         Practice/seminar/discussion on three previous lectures – 2 academic hours

9.         What should we change? The conclusions, future amendments in domestic and international standards, and issues problems preventing after the year and a half in war – 2 academic hours (lecture with questions and answers)

10.     “If I was a country leader…” Open discussion with students reviewing their proposals for basic constitutional principles and provisions in wartime – 2 academic hours

11.     Students' final mini-conference with students' projects/proposals and discussion about the future of constitutional law and international human rights principles in wartime – 2 academic hours

Learning resources

Last update: Mgr. Barbora Šicnerová (19.09.2023)

Základní literatura:

1.    The Constitution of Ukraine - https://zakon.rada.gov.ua/laws/show/en/254к/96-вр#Text

2.    The UN Charter - https://www.un.org/en/about-us/un-charter/full-text

3.    The Universal Declaration of Human Rights - https://www.un.org/en/about-us/universal-declaration-of-human-rights

4.    European Convention on Human Rights - https://www.echr.coe.int/documents/d/echr/convention_ENG

5.    The Geneva Conventions of 1949 and their Additional Protocols - https://www.icrc.org/en/document/geneva-conventions-1949-additional-protocols