Grounds for restricting the right to secrecy of correspondence in the conditions of a state of emergency and martial law in Ukraine: theoretical and practical aspects of implementation

Abstract

The article is devoted to the study of the legislative consolidation of the grounds for restricting the right to secrecy of correspondence in the conditions of a state of emergency and martial law in Ukraine and the practice of its application. It has been established that the right to the secrecy of correspondence is not absolute and may be limited in cases defined by legislation, in particular, in the conditions of special legal regimes - a state of emergency or martial law. However, it is determined that the provisions of the Constitution of Ukraine only provide for the possibility of restricting the right to confidentiality of correspondence, telephone conversations, telegraphic and other correspondence under the conditions of special legal regimes and, accordingly, this constitutional norm has a generalized nature. Therefore, for a detailed study of this issue, the author reviewed and analyzed the current national legislation on special legal regimes and restrictions on human rights and freedoms during their operation. The article examines the decrees of the President of Ukraine on the introduction of states of emergency and martial law in Ukraine in connection with the armed aggression of the Russian Federation in order to limit the right to secrecy of correspondence. Based on the analysis of the above-mentioned legislation, the author summarized and formulated a list of grounds on which temporary restriction of the right to the secrecy of correspondence, telephone conversations, telegraphic and other correspondence is allowed in conditions of emergency and martial law. In addition, a number of problematic aspects in the legislation on special legal regimes have been singled out, the presence of which negatively affects the practice of its application in the field of ensuring the right to secrecy of correspondence in conditions of war and emergency. Therefore, the author provided reasonable recommendations for the improvement of such legal norms, the implementation of which will protect the constitutional right to secrecy of correspondence, telephone conversations, telegraphic and other correspondence in the conditions of special legal regimes from illegal and excessive restrictions.