FEATURES OF PROTECTING HUMAN RIGHTS IN UKRAINE UNDER MARTIAL ARTS

Abstract

The article is devoted to certain aspects of ensuring human rights in the conditions of the introduction of martial
law in Ukraine. The study of the specifics of ensuring human rights during martial law, which has great
theoretical and practical value, is emphasized. The relevance and significance of this topic is outlined, which is
due to the fact that it allows assessing the effectiveness of the functioning of the human rights protection system
in emergency conditions, identifying existing problems and outlining ways to solve them. The focus is on key
international regulatory acts that are relevant standards for observing human rights and freedoms on a global
scale. The national regulatory legal acts that regulate the process of ensuring human and citizen rights and
freedoms are characterized. It is emphasized that almost all international legal documents that regulate the
observance of human rights and fundamental freedoms allow the state to introduce certain restrictions on these
rights, and domestic legislation is no exception to this rule, starting with the Constitution of Ukraine as the
Fundamental Law of the state and subsequent subordinate regulatory legal acts. The necessity and expediency of
the corresponding restrictions of a certain type of human and civil rights and freedoms, as well as those that do
not fall under this prohibition in any case, during the introduction of the legal regime of martial law in Ukraine
are substantiated. The features of ensuring human rights under martial law are highlighted, namely: a
legitimate, balanced and reasoned balance and proportionality between the protection of state sovereignty, the
preservation of citizens lives and compliance with democratic standards; a combination of legal mechanisms for
temporary restriction of rights, the preservation of fundamental freedoms and international guarantees,
enhanced control over the actions of the authorities and military administrations, and the creation of conditions
for the protection of the most vulnerable groups of the population. It is stated that the restrictions introduced
during martial law are an extraordinary measure, an exceptional measure and can be applied only when it is
really necessary. Martial law does not abolish human rights, but only adapts the mechanisms for their
implementation to extreme conditions, while ensuring the priority of life, security and defense capability of the
state.