Current Issues in the Application of the Provisions of the Law of Ukraine `On the Legal Regime of Martial Law` and Their Impact on the Administrative-Legal Status of Citizens During the Period of Martial Law
DOI:
https://doi.org/10.21564/2414-990X.167.317976Keywords:
martial law, legal regime of martial law, armed aggression, threat of attack, martial law measures, restriction of rights and freedoms, curfewAbstract
The relevance of the conducted study is determined by the lack of comprehensive scientific research regarding the protection of citizens' rights during the enforcement of martial law. The purpose of the article is to analyze the provisions of the Law of Ukraine "On the Legal Regime of Martial Law" in terms of their impact on the administrative and legal status of citizens under martial law. General scientific and special methods of scientific inquiry were employed, including formal-logical, dialectical, systemic analysis, and dogmatic methods. The author conducted a systematic analysis of the provisions of the Law `On the Legal Regime of Martial Law`, addressing issues of potential violations of human and civil rights and freedoms due to the application of certain provisions of this law and their compliance with the norms of the Constitution of Ukraine. Factors and conditions for the introduction of martial law, as specified in the definition of `martial law` (Article 1), were analyzed, leading to the conclusion that the definition provided in the law does not fully correspond to the essence of the legal regime of martial law. It permits the imposition of martial law under conditions that do not pose a threat to the life and health of citizens or to the independence of the state, resulting in unjustified restrictions on citizens rights and freedoms. Based on the study, a revised definition of `martial law` was proposed, incorporating substantial changes compared to the existing law. This revised definition excludes the possibility of unwarranted imposition of martial law and stipulates restrictions only on specific rights and freedoms during its enforcement. To ensure the protection of citizens rights and freedoms, it is proposed to introduce two distinct emergency legal regimes in Ukraine related to external threats (aggression): a `state of threat (attack) regime` and a more stringent `martial law regime`. For each regime, the powers of state authorities, appropriate legal measures, and provisions for transitioning from one regime to another in the event of armed aggression must be defined. It is concluded that the implementation of the norms of the Law `On the Legal Regime of Martial Law`particularly the measures under the martial law regime, must not violate fundamental human and civil rights and freedoms that cannot be restricted even under martial law conditions. If the application of these norms leads to violations of citizens`rights, such norms must be amended or excluded from the law`s text.
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