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HUMAN RIGHTS AND THEIR RESTRICTIONS DURING WARTIME

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 50)

Publication Date:

Authors : ; ;

Page : 89-95

Keywords : martial law; war; restrictions on rights and freedoms; international law; international humanitarian law;

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Abstract

Recently, unprecedented events have taken place in Ukraine — the invasion and armed aggression of the Russian Federation. In view of this, the inviolability of human rights guaranteed by the Constitution and other legal documents is of great importance. After all, when a war breaks out in a country, the provision of all the freedoms that society has is under threat. In such cases, there is a conscious need to establish a special comprehensive regulation of relevant relations, which require additional coordination of socio-economic processes in terms of restricting the rights and freedoms of citizens. This article highlights the rights that can be reduced in the event of martial law, as well as those that can not be violated in any case. In particular, numerous documents were analyzed: the Constitution of Ukraine [1], the Law of Ukraine «On the legal regime of martial law» [2], «On the transfer, forced alienation or seizure of property under the legal regime of martial law or emergency» [3], persons to socially useful work in martial law approved by the Cabinet of Ministers of Ukraine dated July 13, 2011 № 753 [4]. Special attention was paid to the topic of international law and international humanitarian law. Its exclusive function is to establish rules of conduct that are standards for all states in their relations to interact in a way that promotes, not hinders, and that international law contains rules that encourage countries to adhere to certain rules of conduct. in peacetime and during war. Such legal instruments will help defend Ukraine's sovereignty, independence and territorial integrity in the face of Russian aggression. Therefore, important documents were studied: the Geneva Convention relative to the Protection of Civilian Persons in Time of War [6], the Convention for the Protection of Human Rights and Fundamental Freedoms [7], the case law of the European Court of Human Rights and other legislation.

Last modified: 2022-06-24 21:58:23