
EXPERTISE

Prof. Volodymyr Pylypenko
Kyiv University of Law of National Academy of Sciences of Ukraine
The Impact of Martial Law on the Rights and Freedoms of Ukrainian Citizens
Martial law, as a special legal regime, constitutes an extraordinary instrument of state authority aimed at safeguarding national security, territorial integrity and state sovereignty in situations of armed aggression or imminent threat. Its introduction inevitably entails temporary limitations on individual rights and freedoms, necessitating a comprehensive theoretical and practical analysis of this measure.
This analysis is particularly relevant given that, since 24 February 2022, Ukraine has been engaged in a full-scale war, which has required significant transformation of its legal mechanisms, including those governing the implementation and protection of citizens’ rights and freedoms.
Maintaining a balance between national security interests and human rights guarantees is crucial, as the times of crisis serve as a critical test of the constitutional order and the state’s ability to act within the framework of its international legal obligations. In this regard, attention must be given to the provisions of the Constitution of Ukraine, the Law of Ukraine “On the Legal Regime of Martial Law,” and relevant norms of international law (the European Convention on Human Rights and the International Covenant on Civil and Political Rights, in particular), which define permissible limitations on individual rights in the state of emergency.
Martial law is a special legal regime introduced in Ukraine during the armed aggression to protect the statehood, sovereignty, and national security of the country. Its imposition entails temporary limitations on a range of individual rights and freedoms. At the same time, even during wartime, the state is obliged to comply with international standards for the protection of human rights. International law permits temporary derogation from certain obligations in exceptional circumstances, but only under strictly defined conditions.
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Katolicki Uniwersytet Lubelski Jana Pawła II
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