Problems of human rights compliance under martial law: the case of Ukraine

Abstract

The article presents a scientific analysis of the implementation and protection of human rights in the context of martial law introduced in Ukraine in response to external armed aggression. The purpose of this study is to identify the primary issues that arise in ensuring human rights under an emergency legal regime, analyze the legal mechanisms for their guarantee, and specifically determine the directions for improving regulatory and legal frameworks. The research methods include a comparative legal analysis of international standards in the field of human rights, a systematic examination of the current legislation of Ukraine regarding the martial law regime, and a structural and functional analysis of state and non-state institutions that ensure the observance of human rights in crisis conditions. Results. The study found that, despite the existence of legal norms restricting rights and freedoms during martial law, the lack of precise mechanisms for their implementation leads to legal uncertainty, a decrease in the effectiveness of human rights activities, and the risk of power abuse. It was found that the mechanisms for ensuring control over the observance of human rights, in particular judicial and parliamentary oversight, require significant improvement. The analysis of the European Convention on Human Rights highlights the need to align Ukraine's national legislation with international standards, particularly in clearly defining the limits and grounds for permissible restrictions on human rights during martial law, which poses additional challenges to the protection of fundamental rights. Given this, restrictions must be lawful, proportionate, and regulated to prevent abuses and ensure a balance between security and citizens' rights. The role of civil society institutions and international organizations in monitoring compliance with human rights in martial law is noted. The conclusions substantiate the need for systematic modernization of legal norms regulating restrictions on rights and freedoms in emergencies, taking into account the balance between national security needs and the principles of the rule of law. The importance of increasing legal awareness of the population and supporting the effective functioning of independent human rights institutions is emphasized.