LEGAL MECHANISMS FOR ENSURING CONSTITUTIONAL HUMAN RIGHTS AND FREEDOMS BY THE NATIONAL POLICE OF UKRAINE UNDER CONDITIONS OF MARTIAL LAW

Abstract

The article presents a comprehensive theoretical and legal study of constitutional rights and freedoms of individuals and citizens, as well as the specific features of their protection by the National Police of Ukraine under the legal regime of martial law. The methodological framework of the research is based on a combination of general scientific and special legal methods, which made it possible to analyze the transformation of the law enforcement function of the state during a crisis period. The study elucidates the essence of constitutional guarantees of individual rights and freedoms and outlines the legal limits of their permissible restriction in accordance with Article 64 of the Constitution of Ukraine, national legislation, and international standards, in particular the Convention for the Protection of Human Rights and Fundamental Freedoms. Particular attention is paid to the role of the National Police as one of the key actors within the system of internal security, whose powers under martial law combine both service-oriented and militarized components.

Attention is also directed to the practical aspects of implementing police preventive and coercive measures during the period of martial law. The study provides a detailed analysis of the specific features of police activity in ensuring public security, including the enforcement of curfew restrictions, verification of identity documents, inspection of personal belongings and vehicles, as well as the compulsory expropriation of property for defense needs. The challenges associated with the evacuation of the population and the prevention of looting in areas of active hostilities are also outlined.

The article identifies systemic risks arising in the process of expanding police discretionary powers, in particular the threat of excessive interference in an individual’s private life. The necessity of strict adherence to the principles of legality, reasonableness, and proportionality, which should constitute the core of any restriction of rights, is substantiated. Based on the findings of the study, the author formulates proposals aimed at improving the regulatory framework and organizational mechanisms of interaction between the police and other bodies of the security and defense sector. The conclusions obtained are intended to enhance the legal protection of citizens and may be implemented in the practical activities of law enforcement agencies, the legislative process, and may also serve as a basis for further research in the fields of constitutional and administrative law.