EXPERIENCE OF LEGAL REGULATION OF THE PROVISION OF DETECTIVE SERVICES IN FOREIGN COUNTRIES AND ITS IMPLEMENTATION IN UKRAINE

Abstract

The article is devoted to the analysis of the main problems regarding the grounds, procedure, proportionality, legality, and limits of restrictions on human rights in conditions of martial law. It is proved that the institution of lawful restrictions on human rights and freedoms creates opportunities for the proper implementation of these rights and freedoms. It is concluded that the legality of such restrictions should be ensured by strict adherence to the grounds and procedure, proportionality, legality, and limits of restrictions on such human rights in conditions of martial law.

It is established that the legal basis and the main reason for the introduction of restrictions on rights and freedoms in conditions of martial law is the need to ensure the territorial integrity and sovereignty of the state of Ukraine. It is determined that when restricting human rights, it is necessary to adhere to the principle of legality, the restriction must meet the criterion of unity of such legal restrictions, and the application of restrictions to absolute rights is inadmissible. It is substantiated that the content of the principle of proportionality includes three main requirements for a balanced restriction of human rights: the justification of the restriction, the importance of the goals of the restriction, and the correspondence of the degree of restriction of rights to the social significance of the goals of the restriction or the significance of the rights being protected.

It is concluded that restrictions on the rights of citizens during martial law are necessary in countries with different political and legal regimes. In some cases, such restrictions are due to a threat to the security and territorial integrity of the state. However, it is important to ensure the coordination of the interests of citizens and the state, since the security of the state is impossible without taking into account the balance of interests of the individual, civil society, and the state. This balance is achieved through the introduction of moderate restrictions on both the power of the state over the individual and the rights and freedoms of the individual. Further scientific research into the limits of restrictions on human rights under martial law can serve as the basis for solving these problems.