PROVISION OF HUMAN RIGHTS BY LOCAL SELF-GOVERNMENT BODIES UNDER MARTIAL LAW

Abstract

The article is devoted to issues of ensuring human rights by local self-government bodies under martial law. The work reveals the constitutional foundations of local self-government and their role in ensuring human rights. It is noted that the Constitution of Ukraine stipulates that a person, his life and health, honor and dignity are recognized as the main social value. Human rights and freedoms determine the content and direction of the state’s activities and cannot be limited, except in cases provided for by the Constitution of Ukraine. The work contains an exhaustive list of rights and freedoms that cannot be restricted under conditions of war or state of emergency. In the research it is argued that taking into account the modern paradigm of constitutional law and under the conditions of the legal regime of martial law, the provision of fundamental human rights is carried out by local selfgovernment bodies and acquires special importance. Particular attention in the work is paid to the issue of ensuring and implementing the right to information in the context of the security of members of territorial communities in the conditions of martial law in Ukraine. The key directions of the functioning of local self-government bodies regarding the provision of human rights are proposed. The article reveals the key aspects of the following areas of operation: cooperation with military administrations and command regarding the order of work and the execution of certain powers; ensuring the rights and freedoms of internally displaced persons and the functioning of local selfgovernment bodies in the temporarily occupied territories. Key types of human rights, which are ensured by local self-government bodies, are highlighted within the named spheres. Thus, cooperation with military administrations and command regarding the procedure of work and the execution of certain powers involves ensuring the equality of constitutional rights and freedoms, the right to life and the right to integrity, as well as ensuring security through the implementation of the right to information. Ensuring the rights and freedoms of internally displaced persons is primarily connected with ensuring the realization of the right to social protection and the right to housing (this right primarily concerns internally displaced persons, but is not limited to ensuring, if necessary, also members of the territorial community). Functioning of local selfgovernment bodies in the temporarily occupied territories primarily concerns the provision of the right to life and security.