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Abstract

<jats:p>The article provides a comprehensive analysis of the issues of constitutional and legal restrictions and mechanisms for guaranteeing the rights and freedoms of a person and a citizen of Ukraine under the conditions of the legal regime of martial law. It has been established that the legal regime of martial law is a specific form of legal regulation that is activated in the event of an armed attack or its immediate threat. Its functional purpose is to provide extended competence to public authorities and the military administration to ensure national security and defense capability, which is accompanied by constitutionally justified temporary restrictions on the rights and freedoms of citizens. It was established that the national legal structure of the martial law regime is built on the principles of legality and procedure. It is noted that the role of an independent arbiter in assessing the legality of restrictions during martial law is performed by the judiciary. It is emphasized that in parallel with the national legal mechanisms of protection, international humanitarian law and international human rights law retain their validity in the period of armed conflict and act as critical guidelines for the formation of state policy. Attention is drawn to the relationship between the international legitimacy of the state and its obligations in the field of human rights under martial law. Key practical challenges arising in conditions of protracted conflict have been identified, namely: issues of reparation, effective regulation of the rights of the mobilized and ensuring access to justice in conditions of temporary occupation and internal displacement. On the basis of the analysis, the need to develop and implement clear mechanisms for compensation and restoration of the rights of the victims is substantiated. Keywords: martial law, rights and freedoms of citizens, restrictions and guarantees of rights and freedoms of citizens under martial law, access to justice, international humanitarian law, international human rights law.</jats:p>

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Keywords

rights martial legal international restrictions

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