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According to the provisions of the Constitution of Ukraine, human rights and freedoms are inalienable and inviolable. Constitutional rights and freedoms, the list of which is not exhaustive, are guaranteed and cannot be revoked. Human rights and freedoms and their guarantees determine the content and direction of state activity. In the conditions of Russian aggression, one of the priorities for the state should be ensuring the principles of legality and the rule of law. The role of the state is to assert and ensure human rights and freedoms, which follows from the content of Article 3 of the Constitution of Ukraine and is the main duty of the state. In the conditions of martial law, the state is unable to fully guarantee human rights, since the military aggression of the Russian Federation requires the state to implement unpopular measures that limit individual rights of citizens to ensure the safety and effectiveness of defense actions. However, this does not mean that the rights and freedoms of citizens should be completely ignored. Ukraine should take measures to guarantee compliance with the rights of individuals. To do this, it is necessary to improve the legal regulation of the protection of the rights of individuals and bring it into line with the requirements of international standards. The limitations of the constitutional rights and freedoms of a person and a citizen in the conditions of martial law defined by the Constitution of Ukraine are based on the security concept of Ukraine and are covered by the concept of security. In the conditions of war, the emphasis on identifying threats changes in the direction of narrowing human rights, guided by the need to ensure impact on potential and existing threats. In the conditions of martial law, the implementation of cyber strategies, which take into account potential cyber threats and determine measures to ensure security in the digital space, should become a priority direction. It is necessary to create an effective mechanism that would ensure state information security and respect for human rights, in particular in the temporarily occupied territories. Solving these problems requires a comprehensive approach, which will include technical security measures, legislative and regulatory initiatives of state legal institutions.
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Віталій Орестович Кучер
Uzhhorod National University Herald Series Law
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Віталій Орестович Кучер (Wed,) studied this question.
www.synapsesocial.com/papers/68e722feb6db64358769c60b — DOI: https://doi.org/10.24144/2307-3322.2024.81.1.19