POST-CONFLICT REGULATION: THE RULE OF LAW AND CONSTITUTION MAKING AS THE NUMBER ONE PRIORITY

Abstract

Regardless of the cause of conflicts in a state, when the violence is ceased its aftermath should be dealt with. The most effective and targeted scenario of post-conflict regulation for every specific state would be designed and executed. The international community can play a crucial role in encouraging or combating peace process and building peace. The adjustment mechanism combines peacemaking with elements of nation-building, humanitarian action, transitional justice and recovery. One of the key elements of such a process involves possible revision, rewriting or even adoption of a new constitution to ensure an effective peace and security. In most cases, however, it is impossible to exclude the history and agreements that led up to a decision to make or re-make a constitution. Constitution building involves steps and sequences, and is not necessarily linear. Despite the important role that this process can play, little attention has been paid to the ways of developing and implementing participatory mechanisms and involving citizens in the process of creating a constitution conducive to a lasting peace. However, even developed in the best way constitutional and institutional framework cannot guarantee a stable democracy or permanent conflict resolution, although it can help it. Turning to the case of Ukraine, its Constitution needs changes though not that profound as in Africa for instance. Primarily, stabilization and conflict resolution in the east of Ukraine requires working towards the formation understanding of values and normative basis among people that will make intentions and practical measures of the current government legitimate and necessary in the eyes of the vast majority of the population. Ukraine should also take due notice of the complexity and comprehensive character of the process of peace building which hopefully will be launched in the nearest future.