76
www.amazoniainvestiga.info ISSN 2322- 6307
DOI: https://doi.org/10.34069/AI/2022.54.06.8
How to Cite:
Panasiuk, V., Poliuk, Y., But, I., Zhyvotovska, I., & Synytsyn, P. (2022). Constitutional human rights under martial law: legal
realities. Amazonia Investiga, 11(54), 76-83. https://doi.org/10.34069/AI/2022.54.06.8
Constitutional human rights under martial law: legal realities
Конституційні права людини в умовах воєнного стану: правові реалії
Received: June 22, 2022 Accepted: July 30, 2022
Written by:
Vita Panasiuk34
https://orcid.org/0000-0001-8115-7621
Yuliia Poliuk35
https://orcid.org/0000-0003-0842-1056
Illia But36
https://orcid.org/0000-0001-7887-3504
Iryna Zhyvotovska37
https://orcid.org/0000-0002-0280-2926
Pavlo Synytsyn38
https://orcid.org/0000-0003-1593-2671
Abstract
The military aggression of the Russian
Federation and its full-scale invasion of the
territory of Ukraine forced the introduction of
martial law in Ukraine and the transition of the
state apparatus and society in general to
functioning in new legal realities. The
introduction of martial law is reflected in the
provision of constitutional human rights under
martial law conditions. The purpose of the work
is the analysis of constitutional human rights
under martial law, the study of the state of
ensuring such rights, and the difficulties in
implementing some constitutional guarantees.
The research methodology consisted of the
following groups of research methods: general
methods of thinking; general scientific methods;
interdisciplinary and special legal methods. In
particular, it is worth highlighting: the analysis,
abstraction, formalization, dialectical, structural-
functional method, systemic, statistical,
concrete-sociological, formal-legal, special-
legal, and hermeneutic methods. Attention was
drawn to peculiarities of the legal regime of
martial law; what limitations of constitutional
rights are implemented and how such limitations
affect society; whether restrictions on
constitutional human rights are justified and
expedient. Based on the analysis of legislation
and scientific works, it was concluded that
34
Ph. D., Associate Professor of Department of Constitutional Law of National University «Odesa Law Academy», Ukraine.
35
Ph. D., Associate Professor of Department of Civil Procedure of National University «Odesa Law Academy», Ukraine.
36
Ph. D., Associate Professor of Department of Civil Procudure of National University «Odesa Law Academy» Ukraine.
37
Ph. D., Associate Professor of the Department of Constitutional Law of the National University «Odesa Law Academy», Ukraine.
38
Ph.D. student of the Department of Constitutional Law of the National University «Odesa Law Academy», Attorney, Ukraine.
Panasiuk, V., Poliuk, Y., But, I., Zhyvotovska, I., Synytsyn, P. / Volume 11 - Issue 54: 76-83 / June, 2022
Volume 11 - Issue 54
/ June 2022
77
https:// www.amazoniainvestiga.info ISSN 2322- 6307
despite the new legal realities, constitutional
human rights are subject to exclusive legal
protection, and their protection is a key duty of
the state. However, in the conditions of martial
law, restrictions on such rights are possible, but
such restrictions must be carried out exclusively
in the manner and by the means provided for by
the current legislation.
Keywords: constitutional rights, human rights,
martial law, ensuring human rights, guarantees of
human rights, restrictions.
Introduction
One of the methods that contributes to
determining the damage and losses caused to
Ukraine as a Military actions on the territory of
Ukraine determine the urgency of studying the
issue of ensuring constitutional human rights in
the conditions of martial law.
First of all, it is worth noting that martial law is a
special legal regime that is introduced in Ukraine
or some of its localities in the event of armed
aggression, as well as in other cases provided for
by law, and provides for the granting of the
relevant authorities the powers necessary to repel
armed aggression and ensure of national security.
Therefore, to achieve the goal of introducing
martial law, it is possible to temporarily limit the
constitutional rights and freedoms of a person
and a citizen with an indication of the period of
validity of these restrictions.
But at the same time, constitutional human rights
are subject to exclusive protection. Thus, the
Constitution of Ukraine recognizes the highest
social value of a person, his life and health, honor
and dignity, inviolability, and security. The
Constitution also defines that the protection of
legal rights and freedoms of citizens is one of the
main duties of the state. At the same time, there
are cases when restrictions on the rights defined
by the Constitution are unavoidable, but such
restrictions must be carried out exclusively in the
manner and by the means determined by the
current legislation. In particular, Article 64 of the
Constitution of Ukraine establishes exceptions
that make it possible to limit human rights and
freedoms. One of these reasons is the
introduction of martial law (Law 254k/96-VR,
1996).
The decree 64/2022 (2022) of the President of
Ukraine dated 24.02.2022 introduced martial law
in Ukraine (Law 2102-IX, 2022).
Provisions of Art. 1 of the Law "On the Legal
Regime of Martial Law" defines that martial law
provides for the provision of the relevant state
authorities, military command, military
administrations, and local self-government
bodies with the powers necessary to avert a
threat, repulse armed aggression and ensure
national security, eliminate threats to state
independence of Ukraine, its territorial integrity,
as well as a temporary, threat-induced, restriction
of the constitutional rights and freedoms of a
person and a citizen and the rights and legal
interests of legal entities with an indication of the
period of validity of these restrictions
(Law 389-VIII, 2015).
Thus, the introduction of a special legal regime
of martial law is a potential threat to the provision
and realization of constitutional human rights.
Therefore, the current legislation provides
several essential guarantees for the protection of
human rights. For example, the provided
restrictions on the constitutional rights and
freedoms of citizens, which can be applied under
the conditions of martial law, are exhaustive and
are not subject to extended interpretation. The
period of their application cannot exceed the
period during which the martial law lasts. In the
conditions of a state of emergency and martial
law, the rights and freedoms of a person and a
citizen, are specified in Part 2 of Art. 64 of the
Constitution of Ukraine (Law 254k/96-VR,
1996).
Thus, as can be seen from the provisions of the
current legislation, it is vital to ensure the
constitutional rights of a person in the conditions
of martial law, but some restrictions are possible
in these special conditions. Given these
circumstances, the study of constitutional human
78
www.amazoniainvestiga.info ISSN 2322- 6307
rights in new legal realities is relevant and
necessary.
Theoretical Framework or Literature Review
Vasyliev and Malyar (2022) analyzed the legal
basis for the introduction of martial law in
Ukraine. In particular, the authors emphasized
that the legal regime of martial law has the
following characteristics: it can be introduced
only in certain cases provided for by the law, and
only in the manner established by the law, it
provides for the granting of additional powers to
the military command and military
administrations, it allows the restriction of
constitutional rights and freedoms of a person
and citizen The article also draws attention to
what should be foreseen, to determine exactly
which restrictions on the rights of citizens
military administrations can introduce
independently, and which - to agree with local
self-government bodies, and suggests that among
the powers of military administrations, only
those that are materially related to - technical
support of military units, organization of
mobilization, curfew, compulsory labor and
conscription of citizens for military service.
The constitutional rights and freedoms of a
person and a citizen and the martial law regime
were analyzed by the researcher Gula (2018).
The author focuses on the fact that the essence of
the martial law regime is to ensure an unhindered
and operational possibility of averting the threat,
repelling armed aggression and ensuring national
security, eliminating the threat of danger to the
state independence of Ukraine, its territorial
integrity, by providing the state authorities,
military command, as defined by legislation,
military administrations and local self-
government bodies certain powers necessary for
this. Therefore, certain constitutional rights and
freedoms of a person and a citizen may be
temporarily (for the period of martial law)
limited to protect national security, independence
of Ukraine, and its territorial integrity in the
conditions of martial law prevails over some
constitutional rights and freedoms of a person
and a citizen.
Moreover, Derevyanko (2019) considered the
political and legal aspects of the restriction of
political rights under martial law. The author
analyzed the legal grounds and political motives
for the introduction of martial law in Ukraine and
expressed considerations regarding the content of
the political rights of citizens and the expediency
of their restriction in the latest Ukrainian
realities.
What is more, Zanfirova (2017) considered the
provision of the principle of freedom of labor in
the conditions of martial law. Kaida (2022) also
investigated the issue of the right to work under
martial law.
The general principles of the legal regime of
martial law and state of war were studied by
Kyrychenko, Lobko, and Semenchenko (2019).
Furthermore, the issue of legal regulation of the
introduction of martial law in Ukraine was
analyzed by Koval (2016).
Peculiarities in guaranteeing human rights and
freedoms under martial law in Ukraine became
the subject of research by Lazarev and
Malinovska (2022). The researchers concluded
that in the modern world, the application of
restrictions on human rights and freedoms is one
of the fundamental elements of the relationship
between a person and the state and is carried out
to find a compromise between society and the
state, which is manifested in the protection of the
person, the rights and freedoms of other persons
from arbitrariness. In Ukraine, this thesis is
enshrined at the level of the Constitution in
Article 23. Therefore, the limitation of the basic
rights and freedoms of a person is a legitimate,
targeted quantitative, and (or) qualitative
reduction in the process of the legal
implementation of those possible models of
behavior (powers) that make up the fundamental
right (freedom) of a person, by other persons. It
has an exclusively legal, temporary, targeted,
non-discriminatory, socially reasonable
character and consists in narrowing the scope and
content of a person's fundamental potential
capabilities. The possibility of limiting basic
human rights and freedoms by the state is
provided for in all international legal acts that
regulate human rights and fundamental
freedoms.
Besides, Marusiak (2022) considered
problematic issues of the implementation of
special legal regimes in Ukraine using the
example of the introduction of martial law in
2018. In the opinion of the author, the existing
constitutional and legal model of implementation
of special legal regimes is completely ineffective
and unbalanced, if the situation requires the
adoption of urgent, immediate decisions, in
particular in cases of the President of Ukraine
adopting a decision on the use of the Armed
Forces of Ukraine in the event of armed
aggression against Ukraine.
Melnyk (2015) considered the normative and
legal aspects of limiting freedom and personal
Volume 11 - Issue 54
/ June 2022
79
https:// www.amazoniainvestiga.info ISSN 2322- 6307
integrity in the conditions of an anti-terrorist
operation. Prots (2020) considered the
organizational and legal mechanisms of limiting
the basic rights and freedoms of a person and a
citizen under the legislation of Ukraine.
Additionally, Slavko (2016) considered the
comparative legal aspect in the context of
restrictions on human and citizen rights. The
article analyzes the foreign experience of legal
regulation of martial law. Among other things,
Slavko notes that the legislation of most
countries of the world does not contain
exceptional grounds for the introduction of
martial law, but the practice of the ECtHR shows
that threats must be unavoidable and
extraordinary and require the involvement of
military formations.
Sklyar (2022) studied in detail the limitations of
the constitutional right to the inviolability of
housing under martial law. The author noted that
the constitutional guarantee of the inviolability of
housing does not apply to cases when public
interests require a legitimate restriction of human
rights, in particular, to protect the rights and
legitimate interests of other members of society.
The limitation of the individual's right to the
inviolability of housing, which is defined in the
Constitution of Ukraine and international legal
acts, is recognized as a legitimate intervention of
the state in human rights to ensure the common
good.
Also, Figel (2015) investigated the issue of
restrictions on human rights under martial law.
The scientist found out that restrictions on rights
and freedoms during martial law, as a rule, do not
apply to the basic rights of citizens; are limited in
scope and time of effect, and are applied only
based on relevant normative legal acts. It has
been investigated that martial law means the
possibility of legal restrictions on the rights and
freedoms of citizens and a temporary deviation
from the provisions of the Convention on Human
Rights and Fundamental Freedoms and the
Constitution of Ukraine.
Therefore, as can be seen from the above-
analyzed list of literary sources, the issue of
limiting constitutional human rights under
martial law arouses considerable interest among
scientists, but the legal realities of today's
limitations of constitutional human rights under
martial law are insufficiently researched and
require a more detailed analysis.
Methodology
Several groups of research methods formed the
methodological basis of the study of
constitutional human rights under martial law:
general methods of thinking; general scientific
methods; interdisciplinary and special legal
methods.
Together with other methods of thinking used
during the research, it is possible to single out:
analysis (made it possible to single out the
characteristic features of restrictions on
constitutional human rights in the conditions of
martial law, which made it possible to understand
which rights can be limited and which should be
ensured under any conditions ), abstraction
(emphasized attention to the forms of ensuring
human and citizen rights under martial law in
practice), formalization (contributed to the
formalization of the recommendations developed
in the work regarding the mechanisms for
ensuring constitutional human rights under
martial law in Ukraine and other countries in the
form of proposals for introducing amendments
and additions to certain provisions of the
legislation of Ukraine).
Among the general scientific methods of
cognition, the following were utilized: dialectical
(with the help of this method, certain features of
the provision of human and citizen rights in the
conditions of martial law were singled out and
objectively considered various forms of
implementation of the legal foundations of such
interaction, including attention was paid to how
the legislation changed and the interpretation of
its individual provisions in the conditions of
martial law and how this affects the provision of
constitutional human rights); structural-
functional (helped to carry out a study of the
structural-functional connections between the
state-guaranteed rights for every person and
citizen and the mechanisms of their provision in
the conditions of martial law at the national, local
and supranational level); system method (helped
to study constitutional rights as a specific system
and, based on this, to single out the peculiarities
of the interaction of the state, civil society and
each person in ensuring constitutional rights
under martial law as elements of a particular
system).
Also, during the study of the legal realities of
observing constitutional human rights under
martial law, interdisciplinary (statistical,
specifically sociological) and special-legal
(formal-legal, special-legal, hermeneutic)
methods were used, which made it possible to
80
www.amazoniainvestiga.info ISSN 2322- 6307
conduct a conceptual scientific investigation of
the researched issues and develop specific
proposals for improving the mechanisms of
interaction between civil society and public
authorities in Ukraine. It is worth noting that
these methods helped to understand and define
key concepts in the field of human rights
enforcement and the mechanisms (tools) of such
enforcement under martial law conditions.
As for the normative legal acts that were operated
when writing this article, it is worth highlighting
among them:
− Constitution of Ukraine (Law No. 254k/96-
VR, 1996);
− Convention on the Protection of Human
Rights and Fundamental Freedoms (United
Nations, 1950);
− Law of Ukraine "On the Legal Regime of
Martial Law" (Law 389-VIII, 2015);
− Law of Ukraine "On transfer, forced
alienation or confiscation of property under
conditions of war or state of emergency"
(Law 4765-VI, 2012);
− Decree of the President of Ukraine "On the
introduction of martial law in Ukraine"
(Decree 64/2022, 2022);
− Law of Ukraine "On approval of the Decree
of the President of Ukraine "On the
introduction of martial law in Ukraine" (Law
2102-ІХ, 2022), and;
− Resolution of the Cabinet of Ministers of
Ukraine "On approving the procedure for
involving able-bodied persons in socially
beneficial works under martial law"
(Resolution 753, 2011).
Results and Discussion
As already mentioned, the Constitution of
Ukraine recognizes that the observance of
constitutional human rights is the duty of the
state. The same position is followed in the
European Convention on the Protection of
Human Rights and Fundamental Freedoms.
According to the provisions of the Convention,
human rights and freedoms are of absolute value,
are inalienable, and belong to everyone from
birth, and in any society, they are a significant
institution, through which the legal status of a
person is regulated, the limits of intrusion into his
personal sphere, guarantees are established
protection and realization of her rights and
freedoms. That is why their provision is one of
the main functions of the state (United Nations,
1950).
Simultaneously, to ensure national security in the
conditions of martial law, some of the
constitutional human rights may be limited. Let's
consider the issue of the possibility of limiting
constitutional rights in more detail.
The provisions of Part 3 of Decree 64/2022
(2022) determine that during the period of the
legal regime of martial law, the constitutional
rights and freedoms of a person and a citizen,
provided for in Articles 30 - 34, 38, 39, 41 - 44,
53 of the Constitution of Ukraine, may be
limited, namely:
− the inviolability of housing;
− non-interference in personal and family life,
except for cases stipulated by the
Constitution of Ukraine;
− freedom of movement, free choice of place
of residence, the right to freely leave the
territory of Ukraine, except restrictions
established by law;
− the right to freedom of thought and speech,
to free expression of one's views and beliefs;
− the right to participate in the management of
state affairs, in all-Ukrainian and local
referendums, to freely elect and be elected to
state and local self-government bodies;
− the right to assemble peacefully, without
weapons, and hold meetings, rallies,
marches, and demonstrations;
− the right to strike to protect one's economic
and social interests, and;
− the right to education.
In addition, the Law 389-VIII (2015) provides
for the possibility of introducing compulsory
labor for able-bodied persons who are not
involved in work in the defense sphere and the
sphere of ensuring the livelihood of the
population and who are not reserved for
enterprises, institutions and organizations for the
period of martial law to fulfill works of a
defensive nature. At the same time, employees
involved in the performance of socially useful
works have certain guarantees during the
performance of such works. For example, the
previous place of work (position) is kept for such
employees. It is worth noting that for employees
involved in the performance of socially useful
works, the previous place of work (position) is
preserved during the performance of such works.
In accordance with the above-mentioned law and
the Resolution 753 (2011) appropriate
restrictions of rights are determined, including:
the possibility of using the capacities and labor
resources of enterprises, institutions and
organizations of all forms of ownership for the
needs defense, changing their work regime;
Volume 11 - Issue 54
/ June 2022
81
https:// www.amazoniainvestiga.info ISSN 2322- 6307
checking documents of persons, and, if
necessary, conducting an inspection of things,
vehicles, luggage and cargo, office premises and
housing of citizens, with the exception of
restrictions established by the Constitution of
Ukraine; prohibition of holding peaceful
meetings, rallies, marches and demonstrations,
other mass events; establishment of military
housing obligation for individuals and legal
entities for housing servicemen, rank and file
officers of law enforcement agencies, personnel
of the civil protection service, evacuated
population and accommodation of military units,
units and institutions.
All the above-mentioned measures must be
carried out following the current legislation and
cannot significantly limit the fundamental rights
of citizens. In addition, when implementing
restrictions, it is necessary to pay attention to
their proportionality to the goals for which they
are implemented.
The Constitution of Ukraine defines a list of
rights that cannot be limited even during martial
law. Among them: restrictions cannot be
established on the basis of race, skin color,
political, religious and other beliefs, gender,
ethnic and social origin, property status, place of
residence, language or other characteristics;
citizens of Ukraine cannot be deprived of
citizenship and the right to change citizenship;
the inalienable right to life cannot be violated; on
respect for dignity, freedom and personal
integrity; the right to send individual or collective
written appeals or to personally address state and
local self-government bodies is not subject to
restriction; the right to housing, marriage and
equal rights and obligations in marriage and
family cannot be limited; it is unacceptable to
violate the equality of children in their rights,
regardless of origin; the right to protect rights and
freedoms in court is not subject to limitation; for
compensation with the funds of the state or local
self-government bodies for material and moral
damage caused by illegal decisions of state
authorities; the right to professional legal
assistance cannot be limited; the right not to be
held twice liable for the same kind of legal
responsibility for the same offense; presumption
of innocence; the right to protection and refusal
to testify or to give explanations or statements
about oneself, family members or close relatives,
whose circle is defined by law (Law 254k/96-
VR, 1996).
The Law 389-VIII, (2015) provides for a
guarantee of compliance with such standards as
the minimum wage, the minimum vacation
period, and rest time between changes to the time
of the involvement of citizens in the performance
of labor obligations and compensation of the
value of property in the event of its forced
expropriation.
In particular, Article 3 of the Law 4765-VI
(2012) defines the possibility of compulsory
alienation of property under the legal regime of
martial law, subject to prior full reimbursement
of its value. And in case of impossibility of prior
full compensation for forcibly expropriated
property, such property is forcibly expropriated
with subsequent full compensation of its value.
So, as can be seen from the above analysis of the
legislation and literature, the provision of
constitutional human rights in the conditions of
martial law is possible provided that the
requirements of the legislation are strictly
observed. It is equally essential in the context of
ensuring human rights to establish
communication and clear interaction between all
state authorities and officials in the performance
of their duties. If such requirements are met, the
martial law introduced in Ukraine will minimally
affect the restriction of the rights of Ukrainian
citizens and in fact, will not affect their interests
and everyday life and will make it possible to
ensure national security, protect the person,
rights, and freedoms of other persons from
arbitrariness.
Conclusions
1. The constitutional rights and freedoms of a
person and a citizen are an essential element
in the process of formation and socialization
of each individual because they allow him to
satisfy his needs and realize his potential in
various spheres of social life. The level of
their guarantee determines the degree of
democratic development of the state.
2. In the conditions of martial law, some
constitutional human rights are subject to
restrictions. At the same time, the
Constitution of Ukraine defines which rights
cannot be limited even in the conditions of
martial law, because their provision and
guarantee are meaningful for the existence
of a person and the state in a legal
democratic field.
3. The introduction of a special legal regime of
martial law in Ukraine is a potential threat to
the provision of constitutional rights and
human freedoms, therefore, the current
legislation of Ukraine contains several
necessary guarantees for the protection of
human rights. However, to avoid threats, the
82
www.amazoniainvestiga.info ISSN 2322- 6307
Constitution of Ukraine defines restrictions
on the constitutional rights and freedoms of
citizens, which can be applied under
conditions of emergency and martial law,
are exhaustive, and are not subject to
extended interpretation.
4. The application of limitations of
constitutional rights is one of the
fundamental elements of the relationship
between a person and the state. Therefore,
restriction of the basic rights and freedoms
of a person is possible only as a legitimate,
purposeful quantitative, and qualitative
reduction in the process of the legal
implementation of those possible models of
behavior that make up the basic right of a
person, on the part of other persons. Such
restrictions have an exclusively legal,
temporary, targeted, non-discriminatory,
socially useful nature and consist in
narrowing the scope and content of a
person's fundamental potential capabilities
for the sake of the security of states and
people in such a state.
Regarding further scientific research, it is vital to
carry out a comparative legal analysis of foreign
experience in the field of ensuring constitutional
human rights under martial law.
Bibliographic references
Decree 64/2022, On the introduction of martial
law in Ukraine. President of Ukraine, from
24.02.2022.
https://zakon.rada.gov.ua/laws/show/64/202
2#Text
Derevyanko, S. (2019). Limitation of political
rights of citizens under martial law: political
and legal grounds. State and Law: Political
Sciences, 93, 26–38.
https://www.academia.edu/42939259/Обме
ження_політичних_прав_громадян_в_умо
вах_воєнного_стану_політико_правові_пі
дстави
Figel, Y.O. (2015) Restrictions on human rights
under martial law. Bulletin of the Lviv
University of Trade and Economics, 2,
222-230. https://journals-
lute.lviv.ua/index.php/visnyk-
law/article/view/178/162
Gula, O.S. (2018). Constitutional rights and
freedoms of a person and a citizen and the
regime of martial law. Protocol: a legal online
resource.
https://protocol.ua/ru/https_drive_google_co
m_open_id_1qfufv6hr4imjnco8win013_jdcv
gckb9/
Kaida, N. (2022). The right to work under martial
law. Website of the Higher School of
Advocacy of NAAU.
https://www.hsa.org.ua/blog/pravo-na-
pratsyu-v-umovah-voyennogo-stanu/
Koval, V. P. (2016). Legal regulation of the
introduction of martial law in Ukraine.
Bulletin of Kharkiv National University
named after V. N. Karazin. "Law" series, 1,
115–117. http://www.irbis-nbuv.gov.ua/cgi-
bin/irbis_nbuv/cgiirbis_64.exe?I21DBN=LI
NK&P21DBN=UJRN&Z21ID=&S21REF=
10&S21CNR=20&S21STN=1&S21FMT=A
SP_meta&C21COM=S&2_S21P03=FILA=
&2_S21STR=VKhIPR_2016_22_29
Kyrychenko, S. O., Lobko, M. M., &
Semenenko, V. M. (2019). Regarding the
issue of the legal regime of martial law and
the state of war. Science and defense, 2, 9-16.
http://webcache.googleusercontent.com/sear
ch?q=cache:fcTIKGlqnqAJ:nio.nuou.org.ua/
article/view/179718/235365+&cd=1&hl=ru
&ct=clnk&gl=mt&client=safari
Law 2102-ІХ, On the approval of the Decree of
the President of Ukraine "On the introduction
of martial law in Ukraine". The Verkhovna
Rada of Ukraine, from 24.02.2022.
https://zakon.rada.gov.ua/laws/show/2102-
20#Text
Law 389-VIII, On the legal regime of martial
law. The Verkhovna Rada of Ukraine,
from12.05.2015.
https://zakon.rada.gov.ua/laws/show/389-
19#Text
Law 4765-VI, On the transfer, forced alienation
or confiscation of property under conditions
of war or state of emergency. The Verkhovna
Rada of Ukraine, from 17.05.2012.
https://zakon.rada.gov.ua/laws/show/4765-
17#Text
Law No. 254k/96-VR, Constitution of Ukraine.
The Verkhovna Rada of Ukraine, from June
28, 1996. Recovered from
https://zakon.rada.gov.ua/laws/show/254%D
0%BA/96-%D0%B2%D1%80#Text
Lazarev, V.V., & Malinovska, T.M. (2022).
Peculiarities of guaranteeing human rights
and freedoms under martial law in Ukraine.
Training of law enforcement officers in the
system of the Ministry of Internal Affairs of
Ukraine under martial law, 1, 71-73.
https://webcache.googleusercontent.com/sea
rch?q=cache:TN-
IgNkObsIJ:https://univd.edu.ua/science-
issue/issue/5213+&cd=30&hl=ru&ct=clnk&
gl=mt&client=safari
Marusiak, O. (2022). Problems of
implementation of special legal regimes in
Ukraine on the example of the introduction of
Volume 11 - Issue 54
/ June 2022
83
https:// www.amazoniainvestiga.info ISSN 2322- 6307
martial law in 2018. Kharkiv: Helvetica
Publishing House.
DOI:10.32837/11300.16137.
https://www.researchgate.net/publication/35
8165884_Problemi_implementacii_osoblivi
h_pravovih_rezimiv_v_Ukraini_na_prikladi
_vvedenna_voennogo_stanu_v_2018_roci
Melnyk, R. (2015). Normative and legal aspect
of restriction of freedom and personal
integrity in the conditions of an anti-terrorist
operation. Kyiv: National Academy of the
Prosecutor's Office of Ukraine.
Prots, I. M. (2020). Separate organizational and
legal mechanisms for limiting the basic rights
and freedoms of a person and a citizen under
the legislation of Ukraine. Comparative and
analytical law, 1, 381-384.
http://dspace.lvduvs.edu.ua/handle/1234567
890/3450
Resolution 753, On approving the procedure for
involving able-bodied persons in socially
beneficial works under martial law. Cabinet
of Ministers of Ukraine, from 13.07.2011.
https://zakon.rada.gov.ua/laws/show/753-
2011-п#Text
Sklyar I. (2022) Is the constitutional right to
inviolability of housing subject to restrictions
under martial law? Site of Kyiv
agglomeration.
http://www.kyivaglomeracia.org.ua/chy-
pidlyagaye-obmezhennyu-konstytuczijne-
pravo-na-nedotorkannist-zhytla-v-umovah-
voyennogo-stanu/
Slavko, A. S. (2016). Limitation of the rights and
freedoms of a person and a citizen under the
conditions of martial law: a comparative legal
aspect. Scientific Bulletin of the Uzhhorod
National University, 41(2), 74–78.
http://www.irbis-nbuv.gov.ua/cgi-
bin/irbis_nbuv/cgiirbis_64.exe?I21DBN=LI
NK&P21DBN=UJRN&Z21ID=&S21REF=
10&S21CNR=20&S21STN=1&S21FMT=A
SP_meta&C21COM=S&2_S21P03=FILA=
&2_S21STR=nvuzhpr_2016_41(2)__19
United Nations. (1950). Convention on the
Protection of Human Rights and
Fundamental Freedoms. Recovered from
https://zakon.rada.gov.ua/laws/show/995_00
4#Text
Vasyliev, S.V., & Malyar, S.A. (2022). Legal
basis for introducing martial law in Ukraine.
Science and technology, 3(3), 1-29.
https://doi.org/10.52058/2786-6025-2022-
3(3)-22-30
Zanfirova, T. (2017). Ensuring the principle of
freedom of labor under martial law.
Entrepreneurship, economy and law, 4,
77-80. http://www.pgp-
journal.kiev.ua/archive/2017/4/17.pdf