GENERAL THEORETICAL ASPECTS OF ENSURING HUMAN RIGHTS IN CONDITIONS OF WAR

Abstract

The article is devoted to clarify the issues of mutual influence of human rights and martial law. The topic is extremely relevant, since the launched full-scale armed invasion encroached not only on the territorial integrity, independence and sovereignty of Ukraine, but also caused great damage to the entire population of the country. The introduction of martial law on the territory of Ukraine from February 24, 2022 was caused by the need to protect the state and repel Russian aggression, at the same time, it leads to the restriction of certain rights and freedoms of a person and a citizen. Martial law should be seen as a means of restoring the conditions under which people can effectively exercise their rights and freedoms. Accordingly, human rights determine the limits of the public authority’s activity regarding the introduction of martial law and the means used by it. At the same time, a number of rights cannot be limited, and the limitation of other rights cannot destroy their essence. In addition to defining human rights that cannot be restricted under martial law, constitutional and legal norms determine the specifics of the realization of individual rights under the circumstances under study: the right to property and the right to work.

In this article, the author draws attention to the importance of constitutional and legal regulation of social relations regarding the restriction of human rights in special conditions. It is emphasized that human rights are the means that limit public power, preventing its arbitrariness.

The system of protection of human rights during wartime includes legal measures established by the norms of national and international law. In the scientific article, the author investigated national measures for the protection of human rights during the war, such as protection by public authorities; protection by public organizations; self-defense; constitutional right to appeal; activities of prosecutor’s offices and internal affairs bodies; judicial protection and control. The article also considered the international mechanisms for the protection of human rights, which are provided for by the norms of international humanitarian law and the institute of international protection of human rights.