Principles of limitation of rights and freedom through the prism of ensuring human security
Authors: Kiriyenko T. P. 
Published: March 2024

The article examines the basic principles of restricting rights and freedoms through the lens of ensuring human security, and characterizes the purpose of such restrictions in the modern conditions of Ukraine’s development as a legal state. It is noted that the possibility of limiting freedom is a measure of state influence, designed to ensure the safety of citizens in critical situations that pose a danger to their lives, health and well-being. Such restrictions are especially significant today, when both Ukraine as an individual country and the whole world in general, given the previously mentioned globalization, are facing many threats, both military (given the ongoing war on the part of the Russian Federation), and socio-economic (including one can count the large-scale destructive consequences of war, forced migration, demographic crisis, etc.), and epidemiological (the largest of which in recent years has been the pandemic caused by the coronavirus). It is emphasized that the restriction of freedom can be understood both in a narrow sense - through the use of measures originating from the state, and in a broad sense. A person is limited in his actions by a wide variety of factors, such as: moral norms, opinions of the environment and many other things, which people often directly encounter in everyday life. according to the content of these provisions, a person’s freedom in society is not absolute: a person is limited to the extent that it allows him not to harm society and not prevent other people from exercising their rights. On the one hand, this leads to the possibility of the state restricting human rights and freedoms, which in itself has a negative tendency, and on the other hand, due to restrictions, law and order is ensured, which ensures the observance of human rights and allows society to function normally. A mandatory condition for the restriction of constitutional rights and freedoms of a person and a citizen is that it can take place only on the basis and in the cases specified in the law, and, as a rule, by a court decision. The procedure for implementing such a restriction is fixed in the national legislation. Bodies of state power, bodies of local self-government, their officials and employees, depending on the actual circumstances, are authorized to choose methods of ensuring national security on their own or by applying to the court. Some rights enshrined in the Constitution of Ukraine cannot, in principle, be limited. Among them are the right to life, to protection of dignity, to freedom of religion and protection of private life. Having analyzed the above rights, it was concluded that the law does not provide for the restriction of those rights, exercising which a person cannot prevent others from exercising their rights, or simply pose a danger to other people (in contrast, for example, to the restriction of the right to free movement infected with coronavirus or persons who evade mobilization). On this basis, the principles were formulated, according to which the measures taken to ensure security cannot limit all the rights and freedoms available to a person, especially when it comes to such fundamental ones as the right to life, these are, in particular, the principles of proportionality, economic efficiency and regulation of the introduced restrictions.