THE SYSTEM OF CONSTITUTIONAL AND LEGAL GUARANTEES OPERATING IN THE CONDITIONS OF UKRAINE'S DEFENSE
Authors: Demchyna Yaroslav 
Published: August 2022

Any war is directly related to a significant restriction of human as well as civil rights and freedoms. The war in Ukraine, which began in 2014 and escalated into a full-scale phase, has become the largest armed conflict on the European continent since World War II. It would seem that significant violations of human rights cannot be avoided with such a scale of armed confrontation but at the same time, the practical side of the issue demonstrates that no actual and systematic illegal decisions had been taken by Ukraine towards any conflict participants and civilians. The above raises a reasonable question: "How did Ukraine, in a very brutal, intensive and large-scale war, avoid the negative legal manifestations that had been inherent in any war for the last hundred years?" It was with the aim of understanding this issue that the article was written. The paper is devoted to the research of the issue concerning the system of legal norms protecting the rights and freedoms of man and citizen in Ukraine both under the conditions of the legal regime of martial law and a special period. Certain legal conflicts or inaccuracies that exist in the field of law governing the issues of national security and defense of Ukraine are clarified and explained in this study. Particular attention is paid to those constitutional and legal norms that are limited for the duration of the legal regime of martial law; the legitimacy of such restrictions is explained; a comparison with other constitutional and legal norms is made; as well as the correlation between the norms enshrined in the Constitution of Ukraine and inferior legal norms is demonstrated. The article analyzes of system of legal norms, which to some extent intersect with the constitutional and legal norms and which are aimed at ensuring the rights and freedoms of man and citizen in the conditions of Ukraine's defense. For writing this work, the legal acts (including the acts of international law) that are a part of the national legislation of Ukraine in their logical and continuous connection with the norms of the Fundamental Law are analyzed; answers are provided to the questions as for the legitimacy and the need for certain legal restrictions; the issues of restricting the right to life in the sense of Article 3 of the Constitution of Ukraine are revealed. This article provides the explanations as for the way the Ukrainian state effectively regulates social relations that exist under the conditions of the legal wartime regime and does not allow arbitrariness on the part of any armed structures, government agencies, organizations and institutions with a special mode of functioning of all state institutions. It will be useful for reading not only by the persons who were not previously familiar with the system of legal norms governing legal relations in the field of national security and protection in terms of ensuring the rights and freedoms of man and citizen, but also for people informed in this field who have not systematized their knowledge into a single logical system yet.