THE CONCEPT AND ESSENCE OF MARTIAL LAW AS AN EMERGENCY LEGAL REGIME

Abstract

The article highlights the issue of the concept and essence of martial law as an emergency legal regime, the understanding of the concept of legal regime, as well as characteristic features, features of the introduction and restrictions, as a result of the onset of this legal regime of martial law. The positions of scientists regarding the understanding of the concept of legal regime were analyzed and it was found that scientists often equate the concepts of legal regime and legal regulation. Also, during the research, it was determined that today the legal basis for restricting human rights and freedoms due to martial law is the following normative legal acts: the Constitution of Ukraine, the Law of Ukraine "On the Legal Regime of Martial Law", the Decree of the President of Ukraine "On the Introduction of Martial Law in Ukraine". It was determined that the legal regime of martial law is a legal regime that is introduced in exceptional circumstances that pose a threat to the integrity of the state, a threat to the normal life of society. It was emphasized that the introduction of martial law should in no way affect the basic rights of citizens, that the rights approved by the Constitution are limited only to those rights that theoretically can increase the negative consequences of martial law, which are clearly enshrined in the Constitution. It was determined that the guarantee of protection of human rights and freedoms, especially in the conditions of martial law, should be provided not only by laws, but also by bodies and institutions that exercise control over entities that directly exercise such restriction of rights within the framework of the law. The conclusion concluded that the introduction of the legal regime of martial law must comply with the principles of state, social necessity, objectivity, expediency and responsibility for possible consequences for the state and society, because regardless of the introduction of the legal regime of martial law, a person remains the highest social value in the state and those restrictions defined by the legislator cannot be the basis for illegal behavior in relation to a person.