Guarantees for the Exercise of Citizens' Constitutional Rights under Martial Law in Ukraine

The article presents a comparative legal study of guarantees for the implementation of constitutional rights of citizens under martial law in Ukraine. The relevance of the topic is since martial law does not abolish the constitutional legal order but only establishes a special regime for the activities of public authorities, within which the admissibility of restrictions on rights must be combined with the requirements of legality, timeliness, necessity, proportionality, judicial protection and international legal control. The purpose of the study is to substantiate the author's comparative legal model of guaranteeing constitutional rights of citizens under martial law by comparing the national legislation of Ukraine with the provisions of the ECHR, ICCPR, the approaches of the ECHR and the recommendations of the Venice Commission on emergency legal regimes. The research methodology consists of doctrinal analysis, formal legal method, comparative legal method and qualitative content analysis of the corpus of normative, international and scientific sources. The results of the study showed that the Ukrainian model has a strong constitutional basis, at the same time, several problems were identified, including insufficient publicity of the periodic audit of restrictions during the continuation of martial law, uneven compensation procedures, fragmented legal information of citizens and the need for a standardized proportionality test for acts of military command and military administrations. The scientific novelty proposed three-component model of the guaranteed cycle of the realization of rights under martial law, which includes (1) the constitutional and material core; (2) the procedural legitimation of the restriction; and (3) institutional control and post-war restoration. The practical significance of the results obtained lies in the possibility of applying the proposed model for legal monitoring of martial law, preparation of legislative amendments and formation of a policy for the restoration of human rights after the end of martial law.