Конституція як фундаментальна основа адміністративно-правового статусу громадян в умовах дії правового режиму воєнного стану
The Constitution as the Fundamental Basis of the Administrative and Legal Status of Citizens under the Legal Regime of Martial Law

Summary/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. 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 conducts a systematic analysis of the provisions of the Constitution of Ukraine. In particular, it examines the conditions for introducing 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. It was concluded that most of the grounds for restrictions on the rights of citizens contained in the articles of the Constitution and the restrictions fixed in the measures of the martial law regime are unfounded, and that during the war, the rights of citizens may be minimally restricted and only in the combat zone or in the border areas with the Russian Federation. 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).

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