Theoretical and practical justification of the limitations of the constitutional rights and freedoms of a man and citizen in the conditions of marital law in Ukraine

Abstract

The author reveals the theoretical and practical aspects of the introduction of restrictions on the rights and freedoms of a man and a citizen in Ukraine, provided by the Constitution of Ukraine, in the conditions of war, highlights the theoretical issue of the need to introduce such restrictions, analyzes the purpose of their introduction and substantiates the objective necessity and adequate proportionality of the measures taken by the state for restoration of normal life activities of the state and society. At the same time, the author analyzed the practical legislative basis for the introduction by the national authorities of a number of restrictions on constitutional rights and freedoms under martial law. The problem of reactivity and spontaneity of changes in legal regulation is highlighted and attention is focused on the exceptional importance of careful and high-quality provision of the rights and freedoms of every person and every citizen, even in special conditions for the state. The legal definition of martial law, as well as the judicial practice of the European Court of Human Rights regarding the principle of proportionality, are analyzed in the paradigm of the topic of this study.