RESTRICTIONS ON HUMAN RIGHTS UNDER MARTIAL LAW

Introduction. This article is dedicated to the issue of human rights protection. Since the issue of their restriction is relevant in the context of martial law, everyone should know which of their rights and freedoms can be restricted and on what grounds. We emphasise that human rights are an inalienable axiological element of Western legal culture. We determine that today the nature of human rights is imperative for the state: public authorities are obliged to ensure human rights; at the same time, they determine the limits of the state's powers. In order to restrict human rights, there must be a reasonable justification and grounds for the use of such state coercion, especially in martial law. Restrictions of rights in a state of emergency or martial law (if such restrictions are large-scale) are subject to stricter requirements, in particular, to the definition of purely legislative grounds, temporary nature and compliance with procedural forms of restriction. It is concluded that the use of mechanisms for restricting human and civil rights and freedoms is possible only in exceptional circumstances in the manner and by the means provided for by current legislation. Such exceptions are contained in Article 64 of the Constitution of Ukraine, in particular, the introduction of martial law and the state of emergency. The authors define constitutional restrictions on human and civil rights and freedoms as a regime of temporary general or specific individual suspension or narrowing of the scope of rights and freedoms defined and guaranteed by the state, which are introduced by specially authorised bodies in martial law or a state of emergency in order to ensure the rights of others and national security. Purpose. The purpose of the study is to analyse topical issues of human rights, their observance or restriction in today's realities. Results. The study found that the topic of restrictions on human rights and freedoms under martial law does not receive sufficient attention, in particular in the academic sphere. However, this issue is extremely relevant, especially given the events in Ukraine. Further development of this topic may lead to improved implementation of the institution of restrictions on human rights and freedoms and the involvement of the international community to support and emphasise the importance of all human and civil rights and freedoms. Discussion. In further research, it is proposed to focus on the list of rights and freedoms violated under martial law, the grounds for their violation, the regulation of this phenomenon at the legislative level and the protection of one's rights and freedoms, which consists primarily in awareness of the peculiarities of their restriction in wartime. This will make it possible to draw conclusions on how to improve this institution and to inform society about the key points of restriction of human rights and freedoms.