BALANCING SECURITY AND HUMAN RIGHTS DURING WARTIME: CONTEMPORARY CHALLENGES AND LEGAL MECHANISMS OF PROTECTION

Abstract

This article studies legal and practical issues of the balance between national security and human rights during martial law in Ukraine. The topic is important because of the war against Ukraine, which caused special legal rules and changes in the use of human rights.
The author analyzes Ukrainian law, especially the Constitution of Ukraine and the Law “On the Legal Regime of Martial Law”. The article also looks at international standards, such as the European Convention on Human Rights and the International Covenant on Civil and Political Rights.
Special attention is given to the principles of limiting human rights during war. These principles are legality, necessity, proportionality, and temporality. They help to keep a balance between the interests of the state and the rights of people. The article also explains the idea of derogation of rights and its limits.
The article studies main problems of human rights protection during martial law. These include problems in mobilization, access to justice, freedom of speech, protection of vulnerable groups, and risks of abuse of power.
The author concludes that it is necessary to improve legal mechanisms for the protection of human rights. This should be done according to modern challenges and European standards. It will help to support democracy and create an effective system of human rights protection during war and after the war in Ukraine.