Constitutional Restrictions on the Rights and Freedoms of Citizens under Martial Law in Ukraine

Abstract

The study is devoted to the analysis of constitutional restrictions on the rights and freedoms of citizens introduced in Ukraine under martial law, with an emphasis on legal mechanisms of their regulation and practical application.

The purpose of the research is to determine the limits of permissible state interference in the sphere of human rights under a special legal regime, as well as to assess the balance between national security needs and constitutional guarantees of rights.

The methodological framework of the study is based on a system-structural approach, comparative method, analysis of the provisions of the Constitution of Ukraine, legislative acts regulating the legal regime of martial law, and generalization of scholarly positions regarding the transformation of an individual’s legal status in crisis conditions.

The results of the study indicate that the introduction of martial law objectively changes the mechanism for the realization of certain constitutional rights and freedoms, but does not abolish their fundamental content. It has been established that restrictions have a clearly defined normative nature and are implemented through special legislative procedures that ensure temporariness and proportionality of state interference. Particular attention is given to the analysis of rights subject to partial restriction and those that remain inalienable even under martial law. The role of public authorities in ensuring legal certainty and monitoring compliance with constitutional guarantees in crisis conditions is also examined. Practical aspects of implementing restrictive measures in the fields of freedom of movement, information rights, and labor relations are separately considered.

The conclusions state that constitutional restrictions on rights and freedoms under martial law serve as a legal response mechanism of the state to threats to national security; however, their application requires strict adherence to the principles of legality, proportionality, and temporariness. It is substantiated that the effectiveness of legal regulation depends on the coherence of the regulatory framework and its practical implementation, as well as on the level of judicial and institutional control. The necessity of further improvement of human rights guarantee mechanisms under emergency legal regimes, taking into account modern challenges, is emphasized.