ОСНОВНИЙ ЗАКОН – ГАРАНТІЯ ПРАВ І СВОБОД ЛЮДИНИ В УМОВАХ ВІЙНИ

Abstract

The article is devoted to highlighting the role of the Constitution of Ukraine as the Basic Law of the state in guaranteeing human rights and freedoms under martial law. The possible limits of the limitation of human rights in the conditions of war and the constitutional guarantees of their protection are analyzed. This topic has gained the greatest scientific interest recently due to the peculiarities of the implementation of human rights in the conditions of an international armed conflict. Undoubtedly, the armed aggression on the part of the Russian Federation began back in 2014, but starting from February 24, 2022, it became full-scale with the open use of the Russian armed forces and shelling of civilian infrastructure and the population throughout the territory of Ukraine.

Human rights and freedoms in the conditions of martial law undergo significant negative transformations due to objective reasons. The primary task of the state during the war is the protection of sovereignty, independence, and territorial integrity. Security, defense and military necessity measures come to the fore, which often cannot be combined with the absolute observance and implementation of all rights and freedoms of persons who are in the territory of the war. The constitutional Human rights cannot be limited, except in the cases provided for by the Constitution of Ukraine. The Basic Law of Ukraine (Article 64) provides for the possibility of establishing certain restrictions on rights and freedoms in the conditions of martial law and state of emergency.

In the presence of a real external threat and military invasion, the state must balance between the use of force and all means of the military mechanism, on the one hand, and the restrictions established by the Constitution of Ukraine. Restrictions on human rights are caused by the increased need to apply all necessary measures to protect life, health, and dignity of people, as well as in the interests of national security, sovereignty, and territorial integrity of the state. Considering the circumstances of the interstate military conflict, in our opinion, more attention should be paid to international norms regarding the rules of waging war and guaranteeing human rights in this area with maximum implementation of these norms in all spheres of legal relations.