Constitutional human rights under martial law: legal realities

Abstract

The military aggression of the Russian Federation and its full-scale invasion of the territory of Ukraine forced the introduction of martial law in Ukraine and the transition of the state apparatus and society in general to functioning in new legal realities. The introduction of martial law is reflected in the provision of constitutional human rights under martial law conditions. The purpose of the work is the analysis of constitutional human rights under martial law, the study of the state of ensuring such rights, and the difficulties in implementing some constitutional guarantees. The research methodology consisted of the following groups of research methods: general methods of thinking; general scientific methods; interdisciplinary and special legal methods. In particular, it is worth highlighting: the analysis, abstraction, formalization, dialectical, structural-functional method, systemic, statistical, concrete-sociological, formal-legal, special-legal, and hermeneutic methods. Attention was drawn to peculiarities of the legal regime of martial law; what limitations of constitutional rights are implemented and how such limitations affect society; whether restrictions on constitutional human rights are justified and expedient. Based on the analysis of legislation and scientific works, it was concluded that despite the new legal realities, constitutional human rights are subject to exclusive legal protection, and their protection is a key duty of the state. However, in the conditions of martial law, restrictions on such rights are possible, but such restrictions must be carried out exclusively in the manner and by the means provided for by the current legislation.