ABUSE OF RESTRICTIONS ON HUMAN RIGHTS AND FREEDOMS UNDER MARTIAL LAW: THREATS AND CONSEQUENCES FOR DEMOCRACY

Abstract

The legal regime of martial law has a direct and significant impact on the functioning of democratic institutions in Ukraine, including the realization of human and civil rights and freedoms. Understanding this is important both for studying the specifics of political processes in times of war and for the prospects of strengthening democratic foundations in post-war Ukraine, and is therefore relevant, scientifically and practically significant. The purpose of this article is to study the peculiarities of the exercise of constitutional rights and freedoms by citizens in conditions of martial law, the legal basis for their restriction, probable and actual attempts to abuse power for this purpose, and their consequences for the present and future democratic system of the state. General scientific and special political science methods were used; the comparative legal method made it possible to identify the fundamental provisions of the Constitution of Ukraine regarding guarantees and restrictions of human and civil rights and freedoms, their concretization in current legislative acts, the peculiarities of their application under martial law, and the inadmissibility of abuse. The legal grounds and political motives for the introduction of martial law in Ukraine are analyzed. The facts presented regarding restrictions on individual rights in the context of full-scale aggression by the Russian Federation, as well as considerations regarding the appropriateness of restricting political rights, the right to information, and the right to freedom of movement, are outlined. Emphasis is placed on the ambiguous attitude of politicians and citizens towards the introduction of martial law in 2018 and 2022–2025. The inadmissibility of abuse of power by state authorities to restrict these rights and the manipulative nature of justifying their need or denying them in political discourse are highlighted. It has been proven that the current legislation of Ukraine establishes the foundations for the general functioning of the legal regime of martial law, and the restrictions on the implementation of constitutional restrictions on citizens established by Ukrainian legislation are, in our opinion, sufficiently comprehensive, and their expansion is not advisable. Any abuse of these restrictions or attempts to do so undoubtedly pose a threat to the foundations of the democratic system and national security of the state and are therefore unacceptable. The activities of numerous political parties and other public associations, state authorities, and local self-government bodies should be directed toward this goal.