HUMAN RIGHTS AND FREEDOMS REALIZATION UNDER MARTIAL LAW

The article provides a constitutional and legal review of the human rights and freedoms realization under martial law. Emphasized, that the Constitution of Ukraine guarantees a wide catalog of human rights and freedoms, but the Basic Law provides exceptions on the possibility of realization of human rights and freedoms in certain cases. According to Art. 64 the Constitution of Ukraine under martial law and states of emergency may establish different restrictions of the human rights and freedoms. Since February 24, 2022, Ukraine has been living in a military situation. At the same time the Decree of the President of Ukraine "On the imposition of martial law in Ukraine" was approved. The decree provides that temporarily, during the period of the legal conditions of the military situation, constitutional human rights and freedoms provided for in Articles 30 – 34, 38, 39, 41 – 44, 53 of the Constitution of Ukraine, and also introduce temporary restrictions of the rights and legitimate interests of legal entities and limits necessary to ensure the possibility of introducing and implementing measures of legal conditions under martial law.The article analyzes current legislation of Ukraine: The Constitution, laws, subordinate acts, which provide conditions and specificity of the implementation of the human rights and freedoms in conditions under martial law. Special focus is paid to the analysis decisions of the Constitutional Court of Ukraine, first of all, regarding the permissibility of restrictions on constitutional human rights and freedoms. Emphasized, that the state is obliged not only to refrain from violations or disproportionate restrictions of constitutional rights, but also to take appropriate measures to ensure their full realization by each person who is under its jurisdiction.It is noted that during the war it is extremely difficult to guarantee constitutional rights and freedoms, especially such as: The right to life; respect for dignity; adequate living standards; work, etc., but despite the state’s obligation to create effective organizational and legal mechanisms for their realization.