LEGAL PROTECTION AND RESTORATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN THE CONDITIONS OF OVERCOMING THE CONSEQUENCES OF WAR

Abstract

The scientific article is devoted to clarifying the peculiarities and identifying problematic aspects of legal protection and restoration of human rights and fundamental freedoms in the conditions of overcoming the consequences of war. The work reveals the essence of legal protection and restoration of human rights and fundamental freedoms in the conditions of overcoming the consequences of the war, because the full-scale invasion of the aggressor state on the territory of the sovereign legal and democratic Ukraine caused a significant imbalance of phenomena and processes of a socio-political and socio-economic nature. It is noted that the basic rights and freedoms of a person and a citizen in Ukraine are regulated by the Constitution and international legal acts, the most important of which is the Convention on the Protection of Human Rights and Fundamental Freedoms, implemented in domestic legislation. In the study, a generalization of scientific approaches to the formation of a list of rights and freedoms of a person and a citizen, which may be significantly limited in the conditions of the introduction of a special legal regime of martial law, is carried out. The need to guarantee citizens of Ukraine the right to housing, to protect socially vulnerable sections of the population, as well as those living in temporarily occupied territories, has been proven. The destabilizing influence of military factors on the provision of legal protection and restoration of the rights and fundamental freedoms of a person and a citizen, which are the basis for establishing restrictions on the rights and fundamental freedoms of a person and a citizen, is separately substantiated. The article pays considerable attention to the systematization of the main directions of legal protection and restoration of human rights and fundamental freedoms in the conditions of overcoming the consequences of war, and also proposes key measures of an administrative-legal and civil-law nature, with the help of which it is possible to increase the effectiveness of legal protection and restoration of human rights and fundamental freedoms in the conditions of overcoming the consequences of war.