The constitutional and legal mechanism of implementation and protection of human rights and freedoms in war conditions: world experience and Ukraine

Abstract

The article examines the national and international constitutional and legal mechanisms for the implementation and protection of human rights and freedoms in the conditions of war, which contain regulatory and institutional components. The national mechanism includes an ordered system of constitutional and legal forms of means and measures. The international legal mechanism forms a whole complex of international legal means and institutions to ensure the implementation of international legal norms in the fi eld of human rights. The latter is formed by two interrelated and mutually conditioned components – international normative and legal (conventional) and international organizational and legal (institutional). National and international mechanisms for the implementation and protection of human rights and freedoms are endowed with the ability to change and acquire diff erent dimensions and features depending on the conditions of their implementation (in peace or war). During war, the use of mechanisms depends on determining the nature of the confl ict. The article analyzes national and international legislation aimed at the realization of human rights and freedoms in the conditions of Russia’s large-scale aggression against Ukraine. Emphasis is placed on the specifi cs and features of the regulatory framework of the national mechanism; the list of rights from which the state withdraws in the conditions of the declaration of martial law and the list of human rights that are not subject to restrictions in the conditions of war are investigated.