PERSONAL NON-PROPERTY RIGHTS IN THE CONTEXT OF MODERN WARFARE: THE UKRAINIAN EXPERIENCE OF TRANSFORMING STANDARDS FOR THE PROTECTION OF THE RIGHT TO LIFE

Abstract

Introduction. Since the onset of the full-scale invasion by the Russian Federation on February 24, 2022, the legal system of Ukraine has encountered challenges unprecedented in global practice. The core issue emerged as the necessity to guarantee the absolute nature of the right to life, enshrined in Artіcle 27 of the Constitution of Ukraine, amidst a total threat to national security. Traditional human rights protection mechanisms proved insufficiently adapted to the conditions of a large-scale war and massive attacks on the civilian population. A dissonance arose between the normative recognition of life as the highest value and the capacity of state institutions to fulfill positive obligations regarding preventive protection and evacuation. The issue of the liability of officials for inaction in ensuring the protection of life has become a critical societal necessity, requiring immediate theoretical re-evaluation and legislative regulation.

Purpose. To conduct a comprehensive theoretical and legal analysis of the transformation of the substance of the right to life under martial law, identify systemic gaps in the mechanism of its implementation, and develop recommendations for improving legislation regarding the enhancement of responsibility for the failure to ensure proper protection of citize.

Methods. The methodological foundation comprises a complex of general scientific and specialized legal methods. Using the dialectical method, the dynamics of the development of the right to life from its natural essence to positive law developme were investigated. The system-structural method allowed for the analysis of the place of the right to life within the hierarchy of constitutional values. The comparative-legal method was applied when juxtaposing national norms with international standards (UDHR, ECHR). The case-law analysis method was employed to examine ECHR decisions and national court verdicts concerning war crimes and official negligence.

Results. It is proven that the right to life maintains its absolute character during war, as confirmed by Artіcle 64 of the Constitution of Ukraine. The transformation of the state's positive obligation has been established: it requires authorities to engage in active measures to minimize risks to civilians (evacuation organization, access to shelters). The role of the Criminal Code of Ukraine as an instrument of enhanced prevention was analyzed, where martial law acts as a qualifying circumstance increasing the level of liability for crimes against the person. It was found that the 2024 Grand Chamber judgments of the European Court of Human Rights in cases against the Russian Federation establish an emerging international standard for assessing the responsibility of an aggressor state, which must be integrated into the national human rights protection strategy.

Conclusion. The Ukrainian experience is identified as a unique precedent for updating international humanitarian law. The author's proposals include: 1. Detailing the personal liability of heads of authorities and military-civilian administrations for the failure of evacuation plans or improper maintenance of civil protection facilities under combat conditions; 2. Amending the Law "On the Legal Regime of Martial Law" regarding mandatory safety audits in frontline areas to identify risks before tragic consequences occur; 3. Developing a national mechanism for the implementation of ECHR decisions to claim reparations and hold perpetrators accountable in national courts; 4. Recognizing the protection of the right to life as a priority component of the National Security Strategy with annual monitoring of the adaptation of legal norms to modern warfare methods.