Analysis of the constitutional and legal mechanism for the protection of constitutional human rights in the special conditions of modern times

Abstract

The article is devoted to highlighting the issue of introducing a legal regime of martial law in Ukraine and the mechanism for protecting the impact of these restrictions on the constitutional rights of a person and a citizen in special conditions. Today, at the legislative level of our state, a certain system of rights, freedoms and responsibilities of a person and a citizen is established, the implementation of which guarantees the activity and development of the state on democratic, social and legal bases. However, constitutional rights and freedoms are endowed with the highest legal force, most of which, of course, are not absolute, because their exercise can be legally limited. Yes, such restrictions may apply to issues of public health protection, public and state security, territorial integrity, rights and freedoms of citizens, ensuring law and order, etc. But, analyzing and researching this issue, the authors paid and focused attention on those cases that focus on issues related to the basic rights and freedoms of a person and a citizen in the special conditions of these legal regimes, and are disclosed in accordance with the articles of the Constitution of Ukraine, the main laws that regulate this question, namely: “About the legal regime of martial law”. In view of the events taking place in our state, the specified normative acts have come into effect and entered into legal force throughout the territory of our state. In this regard, the question of the need to develop and improve normative legal acts that will properly secure and protect a person and a citizen of our state in conditions of restrictions, both from a practical and a scientific-theoretical point of view, arises acutely.Today’s challenges for the legal system of Ukraine and its citizens have opened a new page in the legal and legislative field of our country, which certainly focuses attention on the fact that, consolidation, regulation and creation of new laws is rapidly changing, but in turn, constitutional and legal mechanisms for the protection of rights and human and citizen freedoms must function at the highest level under any conditions. The authors worked out and focused attention directly on the legal nature of inalienable human rights, which usually have an imperative nature for current states, and have a direct impact on their activities, because the state is entrusted with the duty to ensure, guarantee and protect these inalienable rights. If, after all, these rights are to be limited, then the authorities must explain the reasons for the introduction of such measures, especially in special conditions.