THE IMPACT OF MARTIAL LAW ON THE CONSTITUTIONAL RIGHTS OF CITIZENS

Abstract

The purpose of the scientific article is to study the impact of martial law on the circulation of constitutionalrights of citizens in Ukraine, as well as legal mechanisms that could ensure a balance between the restrictionof rights and the protection of state sovereignty, territorial integrity and national security. In addition, generalprinciples for improving legal regulation regarding the outlined issue have also been formed.The methods used in the study of this topic are primarily system analysis and methods of comparison,logical and structural analysis, which were used to study the mechanisms of rights restriction under martiallaw. An interdisciplinary approach was also used, including the analysis of the norms of the Constitutionof Ukraine and special legislation on the legal regime of martial law. The result of the article was an analysis of the reason for the legal regime of martial law in Ukraine, whichhas clear normative and legal foundations that allow limiting certain rights of citizens to ensure the securityof the state. The basis and purpose of introducing martial law, its specifics and the procedure for implementationare also highlighted. The specifics of the restriction of the rights and freedoms of individuals are indicated,and the rights that cannot be restricted categorically are highlighted. Different opinions of the scientificcommunity are analyzed and the author’s position on this issue is highlighted. The analysis of practice showedthe importance of observing the principles of legality, proportionality and legitimacy when implementingrestrictions. Also, the result is that the comparison with international experience revealed opportunities forimproving Ukrainian legislation through the adaptation of best practices.Conclusions. The issue of martial law is quite relevant for today and becomes a significant challengefor the legal system of Ukraine, however, it is necessary to balance between ensuring protection of rightsand freedom of citizens and the need to protect national interests. Therefore, for the effective regulation of theseissues, it is necessary to improve the legislative mechanisms through law-making, which will only contribute tothe strengthening of the principle of the rule of law and the protection of the constitutional rights that citizensof this country have and are guaranteed.