Keywords
Freedom
Human dignity
Martial law
Restriction of rights
How to Cite
Abstract
In Ukraine, as in many other countries, regulating key legal values, which represent universal ideals of civilization and democratic standards, is important and necessary. Despite the change in social processes and state-legal phenomena, they act as a stabilizing factor that helps contain and prevent serious threats, accumulate the best achievements of legal development at the national and international levels, develop legal awareness, legal culture, in particular constitutional culture, national legal ideology and identity. Human dignity has a defining role in the system of constitutional values. Being the core of every constitutional right, it forms and broadcasts the idea of a person as a unique self-determined being who is not under the state’s power. It forms respect for the inner world of a person, their place in society, and relations with the state. The right to respect for human dignity in almost all constitutional systems, including ours, is absolute, just like the right to life. This means that the state cannot restrict the right to exercise human dignity. The authors study the legislation and judicial practice to clarify the reasons for the introduction of the martial law regime. The article also pays attention to the potential restrictions on rights and freedoms under the conditions of martial law.
References
Bandura, O.O. (2003). Yednist tsinnostey ta istyny u pravi (filosofskyi analiz) [Unity of values and truth in law (philosophical analysis)]. Doctor's thesis. Kyiv [in Ukrainian].
Bukhanevych O.M., Mernyk A.M., & Petryshyn O.O. (2021).Approaches to understanding the category “special legal regimes”. Journal of the National Academy of Legal Sciences of Ukraine. 2021. No28(1). pp. 71–78. DOI: 10.37635/jnalsu.28(1).2021.71-78,c. 46-47
Constitution of Ukraine: Law of 28.06.1996 №254к/96-ВР URL: https://zakon.rada.gov.ua/laws/show/254к/96-вр#Text (accessed 28.03.2023).
Dzhuska, A., Kaminska, N., & Makarukha, Z. (2021). Modern concept of understanding the human right to life. Wiadomości Lekarskie TOM LXXII, 2, 1337-1342. DOI: 10.36740/WLek202102131.
Geiss E. (2013). Federal Republic of Germany: the right of the individual in the case law of the Federal Constitutional Court. Martyns'ko P.F., Campo V.M. (eds.) Human and Civil Rights and Freedoms in Ukraine (Doctrine of the European Court of Human Rights and the Constitutional Court of Ukraine). Kyiv: Jurinkom Inter. С. 53-60.
Hryshchuk O. (2007). Human dignity in law: philosophical problems. Kyiv: Atika. 2007. 431 с.
Hryshchuk O. (2019). Philosophy of constitutional values: monograph. Kyiv: VAITE. 416 p.
Kovaliv M. (2021). Protection of rights and freedoms of a person and a citizen as one of the tasks of the state. State-building and law-making in the context of European integration: materials of the participants of the VII All-Ukrainian round table. Lviv: Lviv State University of Internal Affairs. P. 74-77. p. 75
Motsa A.A., Motsa V.V. (2022). Human rights under martial law. Scientific Perspectives No. 4(22). https://doi.org/10.52058/2708-7530-2022-4(22)-280- 291. С. 280-29.
Paragraphs one, two of subparagraph 2.3 of paragraph 2 of the reasoning part of the Decision of the Constitutional Court of Ukraine No. 2 rp/2016 dated 1 June 2016; paragraph two of subparagraph 2.1 of paragraph 2 of the reasoning part of the Decision of the Constitutional Court of Ukraine No. 1 r/2017 dated 23 November 2017. This legal position is already well-established (see also: Decision of the Constitutional Court of Ukraine No. 1-р/2019 dated 26 February 2019, Decision of the Constitutional Court of Ukraine No. 4-р/2019 dated 13 June 2019, Decision of the Constitutional Court of Ukraine No. 7-р/2019 dated 25 June 2019, Decision of the Constitutional Court of Ukraine No. 12-р/2019 dated 20 December 2019)
Rozvadovsky V. (2018). Human dignity as a constitutional value and principle of the rule of law. Human dignity and human rights as the basis of the constitutional system of the state: a collection of scientific and practical theses. conf. October 19–20, 2018. Khmelnytskyi: Khmelnytskyi University of Management and Law. P. 259-266
Stefanchuk R.O. (2001). Protection of honor, dignity and reputation in civil law. - K.: Scientific World. - 306 p. - p. 10
Waldron J. (2009). The Tanner Lectures on Human Values: Dignity, Rank, and Rights. California : University of California.
Yakubenko V. (2005) Principles of the social state: state and prospects of their implementation in Ukraine: author's review. thesis ... candidate juridical sciences: 12.00.01 "Theory and history of the state and law; history of political and legal students"; Kyiv National Taras Shevchenko University, Kyiv, 2005. 21 p.
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