LEGAL DUTIES OF CITIZENS DURING MARTIAL LAW: THEORETICAL AND LEGAL ASPECT
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 76)Publication Date: 2024-06-30
Authors : Matvieieva Liliia; Hamaniuk Lyubov;
Page : 113-118
Keywords : legal duty; subjective right; martial law; legislation;
Abstract
Introduction. Under martial law, legal duty can be studied as a type and measure of expedient, useful, objectively determined legal behaviour which is carried out in accordance with the will and consciousness of a person, and we also conduct a comprehensive analysis of the theoretical and legal aspects of legal duty in the reflection of subjective legal right. Legal duties are a crucial component of optimal interaction between the individual and the state based on the principles of law. This component determines a clear law and order, any other state and manifestation of public life, and the observance of discipline under martial law. As for the structure of a legal duty, it corresponds to the structure of a subjective right. The essence of legal duties may be the same but their content may differ, so it is the content that allows them to be distinguished, highlighted, classified, etc. Purpose. The purpose of the study is to analyze the theoretical and legal aspects of the legal obligation of citizens under martial law. Materials and methods. The research materials are: 1) legal acts containing legal norms that establish legal obligations; 2) works of domestic authors investigating the theory and practice of proper performance of legal obligations. In accordance with the goal, a system of methods of scientific knowledge was used, namely: the general scientific dialectical method, which contributed to the consideration of the problem in the unity of its social content and the implementation of a systematic analysis of the legal obligations of citizens in the theoretical and legal dimension; axiological — made it possible to clarify the orientations of modern law, which are expressed in the need for legal obligations of citizens in the conditions of martial law; anthropological — helped to consider the citizen as a subject of law, endowed with duties according to the Constitution of Ukraine and the current legislation in the conditions of martial law. Results. We prove that in order to properly fulfill your legal duties, you need to be aware of them. Legal rights and legal duties are objectively interrelated due to their interdependence and equality. An exhaustive list of constitutional rights and freedoms of human beings and citizens temporarily restricted in connection with the introduction of martial law, with an indication of the duration of these restrictions, is specified in the Presidential Decree on the introduction of martial law in Ukraine [9]. At the same time, under martial law, certain restrictions on constitutional rights and freedoms of human beings and citizens are envisaged. In today's environment, it is of particular importance to ensure that legal duties of citizens are strictly fulfilled and the citizens are not relieved of responsibility for their improper fulfillment. Discussion. It is noted that legal duty under martial law is of particular importance since it ensures the highest value — human life, acts as a measure of socially necessary human behaviour and, together with legal rights, is intended to ensure balance, stability and dynamism of legal regulation, in particular, the performance of military duty, professional duties of citizens of other specialties, and the duty to protect nature.
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Last modified: 2024-12-17 21:48:13