The Right to Leave Outside Ukraine Under the Conditions of Martial Law: Features of Regulation and Law Applicable Practice

The article examines the doctrinal approaches to understanding and the normative basis of the subjective right to leave the country. In accordance with international legal regulations, a model of legal relations of legal stay of a migrant is determined, which, in particular, provides for the right to freely leave any country, including one's own. The organizational and legal form is confirmed implementation of migration opportunities of an individual, which is characteristic of public law regulation. The impact of the large-scale Russian armed invasion on the migration sphere is analyzed. The legal nature of the limitation of the realization of subjective possibilities is clarified in comparison with foreign experience of restriction of human rights. A conclusion is made about the admissibility of the restriction of the right to travel outside Ukraine under the martial law regime. The numerous institutional tools of the security and defense sector in a protracted armed conflict require the involvement of human resources, which necessitates additional guarantees of the fulfillment of military duty by citizens of Ukraine. Legal restrictions designed to form an adequate mobilization contingent turned out to be interrelated with the exercise by citizens of their migration rights. The formation of Ukrainian law enforcement practice is noted under circumstances in which the state apparatus of other countries did not have to act to mobilize resources and protect state sovereignty. General mobilization correlates with the ban on leaving, which is allowed under martial law. The emphasis is on ensuring a balance between national interests and subjective opportunities, for which it is important to establish transparent rules of conduct, using the legal mechanisms provided for by the Constitution of Ukraine. Legal regulation must comply with the principle of legal certainty with clear and, if possible, stable rules for restrictions on rights and freedoms. People need to know what prohibitions, in particular regarding travel outside Ukraine, are related to the defense of the country and how to comply with them. The formation of a clear legal regulation of crossing the state border under martial law is considered a promising result of scientific research.