REGULATORY AND LEGAL REGULATION OF RESTRICTIONS ON CONSTITUTIONAL RIGHTS AND FREEDOMS OF HUMAN AND CITIZEN IN THE CONDITIONS OF MARTIAL LAW REGIME IN UKRAINE

Abstract

The article examines the issues of legal regulation of restrictions on the constitutional rights and freedoms of human and citizen in the conditions of the martial law regime in Ukraine. The provisions of certain normative legal acts adopted in Ukraine during the martial law regime were analyzed. The main purpose of restrictions on the constitutional rights and freedoms of human and citizen is to establish a balance of interests between the individual, society and the state. It is emphasized that human rights may be limited in accordance with the principles of the rule of law, legal certainty and proportionality on legal grounds. In addition, restrictions on human rights must be legitimate, ie there must be a need to “determine the limits of the exercise of subjective rights in the interests of others”. An analysis of certain international acts noted that the possibility of restricting constitutional human rights and freedoms by the state is provided by all international legal acts governing human rights and freedoms, but not every international act specifies the list of grounds for human rights restrictions and what human rights can be limited and to what extent. Particular attention is paid to detailing the decisions of the Constitutional Court of Ukraine on issues related to restrictions on human rights and freedoms. Cases of restriction of certain personal, political and socio-economic rights of a person and a citizen in the conditions of martial law regime in Ukraine are covered. In each case, the restriction of human rights involves reducing the amount of human behavior permitted by law and expanding the powers of public authorities.