The principle of freedom of speech during the effect of martial state in Ukraine: certain legal aspects

Author:

PANKRATOVA Viktoriia1ORCID

Affiliation:

1. Sumy State University

Abstract

Introduction. The paper focuses on a topical topic - the effect of the principle of freedom of speech in martial law conditions in Ukraine. It is noted that in the context of modern global realities, where the preservation of national security becomes the highest priority for the state, the issue of limiting freedom of speech in the conditions of martial law. In this context, the question arises of ensuring the rights and freedoms of citizens, in particular, freedom of speech, which is traditionally one of the fundamental values of a democratic society. The purpose of the paper is to investigate the legal aspects of the principle of freedom of speech during martial law in Ukraine. Results. The author emphasizes that the influence of martial law on freedom of speech in Ukraine is enormous because the ongoing war in Ukraine has a significant impact on freedom of speech. In this regard, during the martial law in Ukraine, freedom of speech is limited. In particular, some mass media were forced to suspend their work because their activities could be considered a violation of martial law. The paper analyzes leading scientists' approaches to limiting freedom of speech during martial law. They consider the conflict between ensuring national security and preserving citizens' fundamental rights and freedoms. The author summarizes that the scientific approach to restrictions on freedom of speech under martial law includes: an analysis of constitutional principles; the relationship with international law; the role of the Constitutional Court is to ensure legality and protect the rights of citizens. Conclusion. The work summarizes that the scientific analysis of freedom of speech during wartime not only contributes to deepening the understanding of the problems of this sphere but also indicates the need to develop effective mechanisms for its protection in crises. It is summarized that restrictions on freedom of speech are possible during wartime.

Publisher

JSC Analityk

Reference6 articles.

1. 1. Constitution of Ukraine. Adopted by the Verkhovna Rada on June 28, 1996. Information of the Verkhovna Rada of Ukraine. 1996. № 30. art. 34. (in Ukrainian).

2. 2. On the legal regime of martial law: Law of Ukraine dated May 12, 2015. Information of the Verkhovna Rada of Ukraine. 2015. №. 28. (in Ukrainian).

3. 3. Constitutional rights, freedoms and duties of a person and a citizen in Ukraine / ed. Yu. S. Shemshuchenka. Kyiv, 2008. 252 p. (in Ukrainian).

4. 4. Kuznichenko S.O. The concept of restriction of human rights in the conditions of martial law. South Ukrainian legal journal. 2022. № 1-2. pp. 32-36. (in Ukrainian).

5. 5. Freedom of speech in conditions of armed conflict. Review of the practice of the European Court of Human Rights / O.O. Burmahin et al. Kyiv, 2019. 112 р. (in Ukrainian).

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