Legal grounds for limitation of human rights and fundamental freedoms under the conditions of marital state

Abstract

The article examines the legal institution of the restriction of human rights as a necessary and unconditional tool for the functioning of a democratic society. The article deals with the issue of the restriction of human rights under martial law. It was found that the restrictions on rights and freedoms during martial law, as a rule, do not apply to the basic rights of citizens; are limited in scope and time of effect, are applied only on the basis of relevant normative legal acts. It has been studied that martial law means the possibility of legal restriction of the rights and freedoms of citizens and a temporary deviation from the provisions of the Convention on Human Rights and Fundamental Freedoms and the Constitution of Ukraine.