POLITICAL RIGHTS AND FREEDOMS UNDER MARTIAL LAW IN UKRAINE: CONSTITUTIONAL GUARANTEES AND SECURITY CHALLENGES

Abstract

The article presents a comprehensive analysis of the legal framework governing the restriction of political rights and freedoms in Ukraine under martial law, introduced in response to the large-scale armed aggression of the Russian Federation. It examines the constitutional limits of permissible restrictions on citizens’ rights and their compliance with international standards, including the International Covenant on Civil and Political Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms, the Geneva Conventions, and the Rome Statute.

The study explores the mechanisms for termination of  political party activities, limiting electoral processes and peaceful assemblies, and preserving the right to petition as one of the non-derogable rights, even in emergency situations. The article analyzes the implementation of such restrictions at the national level, particularly on the basis of presidential decrees, decisions of the National Security and Defense Council of Ukraine, and current legislation. It substantiates that legality, proportionality, and temporariness are key conditions for the legitimacy of state actions in the sphere of national security protection. The article concludes with the need to enhance transparency in law enforcement and to improve judicial and international oversight mechanisms.