The Constitution as the Fundamental Basis of the Administrative and Legal Status of Citizens under the Legal Regime of Martial Law

Abstract

The research topic is highly relevant given that Ukraine has been enduring a full-scale war unleashed by the Russian Federation for nearly four years, during which the issue of safeguarding citizens’ rights and freedoms under the legal regime of martial law has acquired particular significance. Despite the fact that the Law of Ukraine “On the Legal Regime of Martial Law” was adopted as early as 2000 (in its first version), and that martial law was introduced in the country on 24 February 2022, there is currently a lack of comprehensive scholarly research on the impact of the Constitution of Ukraine - whose provisions determine the procedure for introducing martial law and the conditions under which citizens’ rights may be restricted—on the rights and obligations of citizens, as well as on the justification of these constitutional norms. The purpose of this article is to analyse the provisions of the Constitution of Ukraine in terms of their impact on the administrative and legal status of citizens during the period of martial law. The study employs general scientific and special research methods, including the formal-logical method, the dialectical method, systems analysis, and the dogmatic method. The article provides a definition of the “administrative and legal status of citizens” and carries out a systemic analysis of the provisions of the Constitution of Ukraine. In particular, it examines the conditions for the introduction of the martial law regime and the related provisions of the Law of Ukraine “On the Legal Regime of Martial Law” concerning restrictions on citizens’ rights during martial law. Special attention is paid to the justification of these norms in the context of their compliance with international legal instruments and to the expediency of their application, taking into account the conclusions set out in the decisions of the Constitutional Court of Ukraine. The article concludes that the majority of restrictions enshrined in the measures of the martial law regime are unjustified and that, during wartime, citizens’ rights may be restricted only to a minimal extent and solely within active combat zones or in border areas adjacent to the Russian Federation. It is noted that the Constitution of Ukraine allows for the introduction of a martial law regime not only during wartime but also under conditions that do not pose a threat to the life and health of citizens, which may result in unjustified restrictions of citizens’ rights. Based on the findings of the study, it is proposed to introduce amendments to the Constitution of Ukraine that would eliminate the possibility of unjustified imposition of martial law and the introduction of restrictions on citizens’ rights in the absence of armed aggression against Ukraine, and that would permit restrictions only on those rights and freedoms explicitly specified in the text of the Constitution (rather than on those that are not subject to restriction).