The principle of proportionality in the restriction of human rights during the war in Ukraine.

Autor: Kubko, Andrii, Turchynov, Kyrylo, Chudyk, Nataliia, Vladymyrov, Maksym, Matviichuk, Andrii
Předmět:
Zdroj: Amazonia Investiga; Oct2024, Vol. 13 Issue 82, p139-149, 11p
Abstrakt: The purpose of the article is to study restrictions on human rights and freedoms from the perspective of proportionality, which is determined by the nature of public interests which are the legitimate purpose of restrictions on human rights and freedoms, which is especially relevant in the context of armed aggression against Ukraine, since ignoring their threatens the functioning of the state. The research methods used are systematic analysis, synthesis, generalization, historical method, etc. The peculiarities of the implementation with the principle of proportionality under extraordinary conditions have been considered. It has been emphasized that in a situation of full-scale war and the introduction of martial law in Ukraine, the interests of the state lie primarily in ensuring security, territorial integrity of the state, protection of state sovereignty and repelling armed aggression. In the event of a threat to these interests, the state resorts to the application of restrictions on human rights and freedoms, applying the principle of proportionality between the interests of the state and basic fundamental human rights. This is manifested in the application of a number of restrictions on personal rights and freedoms, restrictions and special regulation in the field of economic activity, financial transactions, labour relations, and civil law obligations. [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index