LEGALLY DEFINED GROUNDS FOR THE LAWFUL RESTRICTION OF CONSTITUTIONAL HUMAN RIGHTS AND FREEDOMS UNDER MARTIAL LAW

Abstract

The subject of scientific analysis was the norms of the current constitutional legislation of Ukraine, which determine the grounds for the lawful restriction of constitutional rights and freedoms of a person in the conditions of martial law. Based on this, a conclusion was made about the need to distinguish such grounds into two types: 1) factual, which are not identical to the factual grounds for introducing a legal regime of martial law in Ukraine or in some of its localities, and which are caused by the need to take measures to avert the threat, repulse armed aggression and ensure national security, eliminate the threat of danger to the state independence of Ukraine, its territorial integrity; 2) legal, which are acts of will of authorized subjects of administrative legal relations, the competence of which extends to the entire territory of Ukraine or some of its localities, where the legal regime of martial law operates (in particular, 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 or in some of its localities, approved by the Verkhovna Rada of Ukraine; Plan for the introduction and provision of measures of the legal regime of martial law in some localities of Ukraine, taking into account the threats and specifics of the specific situation that has developed; orders and directives on issues of provision defense, public safety and order, implementing measures of the legal regime of martial law; law enforcement acts of judicial and law enforcement agencies, their officials and employees).