RESTRICTIONS ON CONSTITUTIONAL HUMAN RIGHTS UNDER MARTIAL LAW IN UKRAINE

Resumo

Objective: This article examines the legislative and practical framework surrounding the imposition of martial law in Ukraine and its impact on constitutional human rights. The focus is on analyzing the rights that can be limited during martial law, differentiating between absolute and relative rights.

Methods: The study is based on a comprehensive review of Ukrainian legislation, judicial decisions, and academic literature. It employs theoretical and legal analysis to examine the constraints imposed on human rights under martial law, emphasizing the principles of necessity and proportionality.

Results: The findings indicate that while certain human rights can be restricted during martial law, absolute rights remain inviolable. The study discusses the state's obligations to balance national security with human rights protection, highlighting the legal mechanisms that safeguard non-derogable rights even during crises.

Conclusions: The research underscores the complexity of protecting human rights in wartime and stresses the importance of developing robust legal frameworks to ensure these rights are not unduly compromised. The paper calls for ongoing reforms to align national laws with international human rights standards, ensuring justice and democratic governance persist during martial law.