Restrictions on human rights under martial law


  • Nadiia Petechel


human rights, martial law,protection, restrictions, state


The article is devoted to the theoretical and legal study of the institution of restriction of the rights and freedoms of a person and a citizen inthe conditions of martial law as an important constituent element of any legal democratic state.
The main attention is paid to the analysis of human rights, which may be limited during the war.The legaldefinition of the concept of martial law is analyzed.It was found that martial law is the main legalbasis for restricting the constitutional rights andfreedoms of a person and a citizen.
Restrictions on the rights and freedoms of a person and a citizen in the conditions of martial law are of an exclusively temporary nature.The rights and freedoms of a person and a citizen can be limited only if this is directly provided for by the Constitution of Ukraine and does notcontradict the norms of international law. Only in this case, restrictions can be considered legitimate and legal.
Under martial law, certain rights are not abolished, but their exercise, that is, the scope of rights, is limited. However, inalienable rights and freedoms, such as the right to life, the right to housing, the right to respect for dignity, and others, are not subject to any restrictions and areprotected by relevant legal acts.
It was notedthat the establishment and provision of humanrights and freedoms is the main duty of the state.Therefore, during the legal regime of martial law,the state cannot abandon its obligation to ensurehuman rights.
It was established that the protection ofhuman rights under martial law is extremely difcult.Therefore, the development of mechanisms for theprotection of human rights is particularly importantfor ensuring justice, the development of democracyand the restoration of peace in our country
The necessity and importance of the institution of limitation of human rights in a democratic legal society is argued, taking intoaccount the denial of the absolutization of human rights and the need to reach a consensus.