LEGALLY DEFINED GROUNDS FOR THE LAWFUL RESTRICTION OF CONSTITUTIONAL HUMAN RIGHTS AND FREEDOMS UNDER MARTIAL LAW

Liliia SERDIUK

SERDIUK L. (2022), LEGALLY DEFINED GROUNDS FOR THE LAWFUL RESTRICTION OF CONSTITUTIONAL HUMAN RIGHTS AND FREEDOMS UNDER MARTIAL LAW; Scientific Bulletin of Dnipropetrovsk State University of Internal Affair, Special Issue №2, 269-272

DOI: 10.31733/2078-3566-2022-6-269-272

 

ABSTRACT. The subject of scientific analysis was the norms of the current constitutional legislation of Ukraine, which determine the grounds for the lawful restriction of constitutional rights and freedoms of a person in the conditions of martial law.

Based on this, a conclusion was made about the need to distinguish such grounds into two types: 1) factual, which are not identical to the factual grounds for introducing a legal regime of martial law in Ukraine or in some of its localities, and which are caused by the need to take measures to avert the threat, repulse armed aggression and ensure national security, eliminate the threat of danger to the state independence of Ukraine, its territorial integrity; 2) legal, which are acts of will of authorized subjects of administrative legal relations, the competence of which extends to the entire territory of Ukraine or some of its localities, where the legal regime of martial law operates (in particular, the Constitution of Ukraine; the Law of Ukraine “On the Legal Regime of Martial Law”; the decree of the President of Ukraine on the introduction of martial law in Ukraine or in some of its localities, approved by the Verkhovna Rada of Ukraine; Plan for the introduction and provision of measures of the legal regime of martial law in some localities of Ukraine, taking into account the threats and specifics of the specific situation that has developed; orders and directives on issues of provision defense, public safety and order, implementing measures of the legal regime of martial law; law enforcement acts of judicial and law enforcement agencies, their officials and employees).

Keywords: Constitution of Ukraine, constitutional human rights and freedoms, legal regime of martial law, restriction of constitutional human rights and freedoms, grounds for lawful restriction of constitutional human rights and freedoms.

    References:

  1. Konstytutsiia Ukrainy [Constitution of Ukraine], pryiniata na piatii sesii Verkhovnoi Rady Ukrainy 28 chervnia 1996 roku [The Constitution of Ukraine, adopted at the fifth session of the Verkhovna Rada of Ukraine on June 28, 1996]. URL : ttps://zakon.rada.gov.ua/ laws/show/254%D0%BA/96-%D0%B2%D1%80#Text. [in Ukr.].
  2. Pro pravovyi rezhym voiennoho stanu [On the legal regime of martial law] : Zakon Ukrainy vid 12.05.2015. URL: https://zakon.rada.gov.ua/laws/show/389-19#Text. [in Ukr.].
  3. Serdiuk, I. A. (2016) Metodolohichnyi analiz interpretatsii poniattia «pravovyi akt» [Methodological analysis of interpretations of the concept of “legal act”]. Naukovyi visnyk Dnipropetrovskoho derzhavnoho universytetu vnutrishnikh sprav. № 1, pp. 76–83. [in Ukr.].
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