Legal regulation of legitimate restrictions on the right to privacy under martial law
Year: 2025
Type: article
Abstract: The article provides a comprehensive analysis of the legal aspects of legitimate restrictions on human and civil rights and freedoms under martial law, which is particularly relevant in the context of contemporary geopolitical challenges and armed conflicts. The research encompasses both theoretical foundations of the permissibility of such restrictions from the perspective of international law and their practical application in accordance with the provisions of Ukrainian national legislation. The author examines key international documents, such as the European Convention on Human Rights regarding derogation from obligations during states of emergency, and the International Covenant on Civil and Political Rights, which establish criteria for the legitimacy of rights restrictions, including the principles of necessity, proportionality, and non-discrimination. Special attention is given to analyzing the compliance of Ukraine’s national legislation, particularly the Law of Ukraine «On the Legal Regime of Martial Law» and other normative legal acts regulating the activities of state bodies during wartime. The paper investigates specific restrictions on rights and freedoms implemented in Ukraine in connection with the full-scale russian aggression, including limitations on correspondence confidentiality, inviolability of housing, and adherence to the rights of personal data subjects. The proportionality and justification of these restrictions are evaluated in light of the need to ensure national security, territorial integrity, and protection of citizens’ lives and health in the conditions of armed conflict. Based on the analysis of legislation, Constitutional Court decisions, and considering the practice of the European Court of Human Rights regarding the possibility of applying restrictions to fundamental rights under martial law in Ukraine, the article proposes recommendations for improving legal regulation in this field. The measures outlined in the conclusions are aimed at ensuring a more effective balance between protecting national security and respecting fundamental human and civil rights and freedoms, minimizing the negative impact of martial law on their implementation, and strengthening the legal foundations of a democratic state.
Author: O. I. Polonska
Institution: Security Service of Ukraine
Language: English
Topic: War, Law, and Justice
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4412387145