The impact of martial law on the observance and protection of human rights and freedoms
The relevance of the scientific research conducted in this article stems from the fact that the observance and protection of human rights and freedoms are of particular importance under martial law. Under such conditions, all spheres of society, socio-economic, political, and cultural undergo a conceptual restructuring and adaptation to address urgent security issues. This implies granting additional powers to state authorities, military command, and law enforcement agencies solely to ensure the smooth functioning of the state apparatus under conditions of uncertainty, thereby minimizing the risks of destabilizing the internal situation. Naturally, this affects the observance and protection of human rights and freedoms, since any restrictions imposed under the legal regime of martial law must comply with the provisions of the Constitution of Ukraine, Ukrainian laws, and international legal acts ratified by Ukraine. The digitalization of public services is particularly important for ensuring the observance and protection of human rights and freedoms under martial law, as it involves maximally simplifying interactions between the population and public authorities amid the challenges posed by regular shelling, electricity shortages, and air raids. The development of digital technologies under martial law was largely facilitated by previous experience in adapting state institutions to remote work during the COVID-19 pandemic. Despite the potential restrictions on human rights and freedoms under the martial law regime, the activities of public authorities should be carried out in accordance with the principle of legality and within the powers provided by applicable law.
How to Cite
License
Copyright (c) 2025 DIXI
This work is licensed under a Creative Commons Attribution 4.0 International License.
Every single author of the articles has to declare that is an original unpublished work exclusively created by them, that it has not been submitted for simultaneous evaluation by another publication and that there is no impediment of any kind for concession of the rights provided for in the contract.
In this sense, the authors committed to await the result of the evaluation by the journal DIXI before considering its submission to another medium; in case the response by that publication is positive, additionally, the authors committed to respond for any action involving claims, plagiarism or any other kind of claim that could be made by third parties.
At the same time, the authors have to declare that they are completely in agreement with the conditions presented in their work and that they cede all patrimonial rights. These rights involve reproduction, public communication, distribution, dissemination, transformation, making it available and all forms of exploitation of the work using any medium or procedure, during the term of the legal protection of the work and in every country in the world, to the Universidad Cooperativa de Colombia Press.
Annual Report on the State of Observance and Protection of Human and Civil Rights and Freedoms in Ukraine in 2023. (2023). https://koordshtab.gov.ua/files/annual-report-2023.pdf
Avdeev, O. O., & Shevelev, K. E. (2019). The principle of presumption of innocence in the system of protection of human rights and freedoms. Bulletin of Criminological Association of Ukraine, Special Issue, 114–122.
Bondarenko, O. S., & Tymoshenko, O. O. (2024). Counteraction corruption under martial law: An analysis of problems and opportunities. Law and Safety, 2(93), 127–139. https://doi.org/10.32631/pb.2024.2.12
Borovyk, M. O. (2024). Countering hostile sabotage and reconnaissance groups by the National Police of Ukraine units in the context of martial law. Law and Safety, 1(92), 152–162. https://doi.org/10.32631/pb.2024.1.14
Bortnyk, S. M. (2021). Some aspects of legal regulation of restrictions on the rights and freedoms of police officers. Bulletin of the Kharkiv National University of Internal Affairs, 94(3), 34–48.
Convention for the Protection of Human Rights and Fundamental Freedoms. (1950, November 4). https://www.echr.coe.int/documents/d/echr/convention_ENG
Hurtova, K. M. (2024). Some aspects of the abuse of rights in civil and economic proceedings. Law and Safety, 1(92), 23–31. https://doi.org/10.32631/pb.2024.1.02
Kantor, N., Ivantsova, Z., Darahan, V., Velkov, A., & Andreiev, D. (2024). Legal regulation of ensuring human rights in Ukraine during the introduction of martial law: Constitutional, administrative and theoretical aspects. Jurnal Cita Hukum-Indonesian Law Journal, 12(1), 13–26. https://doi.org/10.15408/jch.v12i1.38634
Katerynych, A., Martyniuk, Ya., & Kharkivska, T. (2024). Innovative social work technologies during martial law. In Society. Integration. Education: Proceedings of the International Scientific Conference (pp. 687–696).
Kitsoft. (2023). We have been digitalizing the construction industry for three years now. Results. https://kitsoft.ua/ua/news/cifrovizuyemo-budivelnu-sferu-vzhe-tri-roki
Kitsoft. (2024). Action: Digital state. https://kitsoft.ua/ua/projects/diya-cifrova-derzhava
Komziuk, А., Muzychuk, О., Kobzieva, Т., Siadrysta, І., & Kovalov, І. (2024). Ensuring human rights and freedoms does not mean equality for everyone: Legal exceptions and restrictions. Lex Humana, 1(16), 127–138.
Komzyuk, A. T., & Lipiy, E. A. (2020). Relations regarding the provision of human and citizen rights and freedoms as a component of the subject of administrative law. Bulletin of the Kharkiv National University of Internal Affairs, 90(3), 144–153.
Kurniawan, Y. (2018). A historical overview on the state of emergency and martial law in Indonesia. In The Politics of Securitization in Democratic Indonesia (pp. 45–68). Palgrave Macmillan. https://doi.org/10.1007/978-3-319-62482-2_3
Law of Ukraine No. 389-VIII. (2015, May 12). On legal regime of martial law. https://zakon.rada.gov.ua/laws/show/389-19/ed20231019#Text
Levy, B. S., & Leaning, J. (2022). Russia’s war in Ukraine — The devastation of health and human rights. The New England Journal of Medicine, 387(2). https://doi.org/10.1056/NEJMp2207415
Morhunov, O. A. (2024). Reassessment of views on public administration in the field of physical culture and sports in Ukraine under martial law. Law and Safety, 3(94), 109–115. https://doi.org/10.32631/pb.2024.3.10
Patel, A., & Tiwari, R. (2024). Critical analysis of international law failures in the Russian invasion of Ukraine: Implications for global security. Law and Safety, 3(94), 46–55. https://doi.org/10.32631/pb.2024.3.04
Pevko, S. G. (2024). Factors of deviant behaviour in a legally conscious society. Law and Safety, 3(94), 85–96. https://doi.org/10.32631/pb.2024.3.08
Pevko, S., Romaniuk, V., Perekopskyi, S., Khan, O., & Shaituro, O. (2022). Legality of restrictions on human rights and freedoms in a COVID-19 pandemic: The experience of Ukraine. Amazonia Investiga, 11(53), 122–131. https://doi.org/10.34069/AI/2022.53.05.12
Serbenyuk, S. O. (2024). Integrative directions of modern legal education development as a human rights compliance parameter. Law and Safety, 3(94), 21–32. https://doi.org/10.32631/pb.2024.3.02
Stezhko, Z., Hryshchenko, N., Kultenko, V., Savytska, I., Suprun, A., & Rusko, N. (2021). Freedom or arbitrariness: A social and philosophical analysis. Postmodern Opening, 12(2), 354–366. https://doi.org/10.18662/po/12.2/312
United Nations. (2003). The administration of justice during states of emergency. In Professional training series No. 9: Human rights in the administration of justice: A manual on human rights for judges, prosecutors, and lawyers (pp. 811–885). Office of the High Commissioner for Human Rights. https://www.ohchr.org/sites/default/files/documents/publications/human_rights_training_manual_administration_justice_en.pdf
Yurtayeva, K., Hladkova, Y., & Shcherbakova, A. (2018). Role of mass media in combating drug-related crime. Baltic Journal of Economic Studies, 4(3), 366–371. https://doi.org/10.30525/2256-0742/2018-4-3-366-371
Zahumenna, Yu. O., & Hrelya, D. P. (2024). Gender equality with regard to the current challenges to Ukraine’s national security: Theoretical and practical aspects. Law and Safety, 3(94), 33–45. https://doi.org/10.32631/pb.2024.3.03
Zhadan, D. O., Mordvyntsev, M. V., & Pashniev, D. V. (2024). Tracking illegal activities using video surveillance systems: A review of the current state of research. Law and Safety, 1(92), 78–89. https://doi.org/10.32631/pb.2024.1.07
Zhornokui, V. H. (2024). Legal liability: Seven doctrinal approaches to understanding its essence. Law and Safety, 1(92), 90–100. https://doi.org/10.32631/pb.2024.1.08
