RESTRICTIONS ON HUMAN RIGHTS AND FREEDOMS IN WAR: CONSTITUTIONAL AND LEGAL ASPECT

On February 24, 2022, in connection with the beginning of the war of the Russian Federation against Ukraine, a special legal regime was introduced — martial law throughout the country. The article considers the concept of «martial law», indicates the legal basis and grounds of this legal regime. Emphasis is placed on identifying problematic aspects of regulation, observance and implementation of human rights and freedoms in the context of the introduction of a special legal regime. . A special place in the article is occupied by the analysis of legal norms that regulate the principles of restriction of human rights and freedoms in wartime. Taking into account Art. 1, item 3 of Art. 5 and Art. 64 of the Constitution of Ukraine, it becomes clear that Ukraine must adhere to the democratic principles of restriction and observance of human rights in the context of martial law. The experience of foreign countries in consolidating and observing the constitutional principles of restricting human rights and freedoms in martial law is considered. The comparative analysis allows us to determine that the practice of countries with democratic political regimes is a good example for improving the legal framework of our country on this issue. It is emphasized that it is important to further study this issue in order to improve not only the theoretical basis of the study, but also to improve the legal culture of the population. It is necessary to turn to the experience of other countries, because only in this case Ukraine will be able to become a truly legal, democratic and socially oriented state.