Peculiarities of the constitutional and legal mechanism for ensuring human rights under martial law

Abstract

The scientific article is devoted to modern approaches of the constitutional and legal mechanism of ensuring human rights in the conditions of martial law in Ukraine. The purpose of the study is to highlight the current mechanism for ensuring human rights under martial law. The main attention is paid to the institutional component of the mechanism for ensuring human rights under martial law. Enshrining at the constitutional level the list of human rights, which are not subject to restrictions, even under martial law, is their important constitutional guarantee. It is emphasized that when restricting human rights, public authorities must meaningfully justify the necessity and appropriateness of such restriction, as well as clearly justify the use of measures and means of state coercion. Attention is focused on the need to differentiate human and citizen rights according to their value and the capacity of the state mechanism to ensure them. Attention is focused on judicial and other guarantees aimed at the protection of human rights in the conditions of martial law. Based on the decisions of the ECtHR, the constitutional possibility of proportional limitation of pension payments was determined, and it was proposed to apply state austerity measures during the period of martial law, taking into account the general public interests of the Ukrainian people. It is summarized that the current constitutional and legal mechanism for ensuring human rights needs significant changes, in particular, the work of the Commissioner of the Verkhovna Rada of Ukraine for human rights should be strengthened, amendments should be made to the current legislation with a clear accounting of expenses, and the tasks of public authorities in relation to their activities under martial law should be specified. . The importance of fair constitutional and legal regulation of social relations in the issue of restriction and priority realization of human rights in the conditions of martial law is emphasized. It is necessary to provide guarantees to prevent the arbitrariness of power institutions in the exercise of their powers.