SOME ISSUES OF EXERCISING AND PROTECTING PERSONAL NON-PROPERTY RIGHTS OF INDIVIDUALS UNDER MARTIAL LAW

Abstract

Abstract. The present article considers some issues of exercising and protecting personal non-property rights of individuals under martial law. It is determined that statutory regulation of the category of personal non-property rights of individuals is based on the provisions of constitutional law which generally enshrine the system of personal rights of citizens and establish legal guarantees for their exercise. The article focuses on the fact that under martial law, the Russian aggression inflicts moral damage on Ukrainian citizens on a daily basis, i.e., violates their personal non-property rights. Thus, it is crucial to protect non-property rights, compensate for moral damage caused by physical and mental suffering, torture, etc., as well as restore justice and bring perpetrators to justice. It is noted that one of the most common ways to protect personal non-property rights of individuals is compensation for non-pecuniary damage, which constitutes physical and moral suffering caused to an individual as a result of violation of their and legitimate interests. Personal non-property rights are a fairly comprehensive and well-protected institution, as they affect the most important and fundamental human rights, which are protected both by the basic law of the state and at the international level by the Convention for the Protection of Human Rights and Fundamental Freedoms, judgments of the European Court of Human Rights, etc. The complex of ways to protect the relevant category of rights is well covered in the general provisions of the Civil Code of Ukraine and the rulings of the Supreme Court of Ukraine.