Restrictions on human rights and extraordinary legal regimes

Abstract

The war between Russia and Ukraine highlights the importance of the research. The resulting state of war has far-reaching consequences across all areas of Ukrainian society, including the basic liberties and entitlements of its people. Therefore, the aim of this scientific work is to explore how to lessen the detrimental consequences of restrictions considering different dimensions of individualsʼ opportunities in the conditions of an emergency situation. The methods used in this research include comparative legal analysis, legal hermeneutics, core scientific methods of analysis, synthesis, and others. The researchʼs central outcomes involve clarifying the legal essence of extraordinary regimes and identifying their characteristic features. It is revealed that in Ukraine, extraordinary regimes manifest in two forms – martial law and a state of emergency, with significant differences between them. The research also examines the cases of their implementation, notably that a state of emergency is predominantly declared during natural disasters, while martial law is imposed during armed aggression. The study also analyses national legislation regulating the imposition of extraordinary regimes, highlighting the main grounds for their introduction and the procedure. Attention is given to international acts, including conventions and pacts, defining circumstances under which a state can deviate from its obligations in emergencies. The international experience of regulating this institution is explored, particularly in Germany, Poland, and France. The research asserts that the most widespread basis for declaring a state of emergency globally has been the COVID-19 pandemic, while the full-scale armed invasion by the Russian Federation serves as a condition for imposing martial law in Ukraine. The findings of the research can be utilized for further investigations on related topics and for refining existing legislation concerning extraordinary regimes