Bibliographic description of the article for the citation:
Кураш Ольга. Features of the protection of human rights and freedoms under the conditions of martial law//Science online: International Scientific e-zine - 2023. - №5. - https://nauka-online.com/en/publications/jurisprudence/2023/5/06-13/
Annotation:
This article is devoted to the study of the protection of human rights and freedoms in the conditions of martial law. The provisions of the Constitution of Ukraine are analyzed, the norms of which directly provide for the possibility of limiting some constitutional rights and human freedoms. This analysis is carried out on the example of consideration of some specific articles with the indication of examples of the application of restrictions to them, which have already been applied or may be applied. Also, the constitutional rights and freedoms of a person are taken into account, which cannot be restricted in any way, even despite the regime of martial law in Ukraine.
The article also takes into account some studies of modern scientists who have investigated in their works a similar issue of the specifics of the protection of human rights and freedoms under the conditions of the martial law regime in Ukraine. This research analysis is based on the works of scientists who studied this issue during the period of martial law, or before the introduction of martial law on the entire territory of Ukraine by decree of the President of Ukraine.
Also, this article superficially touches on the issue of protecting the rights and freedoms of military personnel and their families, in particular, this issue is investigated taking into account the decision of the Constitutional Court of Ukraine on the complaint of a military personnel. Changes to the legislation that took place during the period of martial law by Decree of the President of Ukraine, which were already adopted by the Verkhovna Rada of Ukraine to improve the protection of human rights and freedoms in various fields of law, are studied, and drafts of some laws related to the issue are also taken into account regulations on the protection of human rights and freedoms, which may be adopted by the Verkhovna Rada of Ukraine or will enter into force in the near future.
That is, this article examines in various aspects the peculiarities of the protection of human rights and freedoms in the martial law regime in Ukraine.
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