OBSERVANCE OF THE RIGHTS AND FREEDOMS OF HUMANS AND CITIZENS UNDER THE CONDITIONS OF THE LEGAL REGIME OF MARITAL STATE IN UKRAINE

Abstract

The article is devoted to the study of issues related to the observance of human and citizen rights and freedoms under the conditions of the legal regime of martial law in Ukraine. It is argued that in accordance with the Basic Law, in the conditions of a state of emergency, the constitutional right guaranteed by Art. 33 of the Basic Law of Ukraine: freedom of movement, free choice of place of residence, right to freely leave the territory of Ukraine. Local executive authorities and local self-government bodies establish a special regime for citizens and vehicles to enter and leave the quarantine territory, and, if necessary, ensure a sanitary inspection of things, luggage, vehicles and cargo under quarantine conditions. It is substantiated that the norms of the Constitution of Ukraine correspond to the norms of the Universal Declaration of Human Rights, which stipulates that in the exercise of his rights and 4 freedoms, every person should be subject to only such restrictions as are established by law exclusively for the purpose of ensuring proper recognition and respect for the rights and freedoms of others, ensuring fair requirements of morality, public order and general welfare in a democratic society. The legal basis of limiting the rights and freedoms of a person and a citizen, the introduction of martial law in the state and the procedure for its introduction are analyzed. The provisions of separate legal acts adopted in Ukraine during the period of martial law are analyzed. The exceptions under which individual restrictions of human rights and freedoms can be established have been studied, and it has been established that, in accordance with the current legislation, during the period of the legal regime of martial law, the constitutional human rights and freedoms of citizens and citizens, which are provided for in Articles 30, 32, 33, 34, 38, 39, 41, 42, 43, 44, 53 of the Constitution of Ukraine may be limited. The list of rights defined by the Constitution of Ukraine, which cannot be limited even during the period of martial law, has been analyzed. The cases of restriction of individual personal, political and socio-economic rights of a person and a citizen in the conditions of martial law in Ukraine are highlighted.