Social and Legal Studios

Abstract

The article deals with the competence of the National Police concerning promotion of the rights and freedoms of citizens under special legal regimes on the basis of the analysis of legislation and the experience of a martial law in Ukraine. During the analysis of a wide range of sources and scientific literature, actual problems of legal regulation of public relations in the field of formation and development of legal bases for the imposition of special legal regimes – state of emergency and martial law are determined. The essence, content and main provisions of the legal regime of martial law and the impact of legal restrictions on the protection of citizen's rights and freedoms are clarified. Attention is paid to terminology in this field. The peculiarities of the legislative regulation of the circumstances under which a special legal regime can be imposed are clarified, and the concept of “martial law” is investigated in detail. The doctrinal views on the development of the legal institution of state of emergency and martial law in Ukraine are outlined. The main purpose of these regimes for ensuring national security of Ukraine is revealed. The international practice of using these modes is demonstrated. The peculiarities of the organization of activities of the National Police bodies concerning the protection of citizen's rights and freedoms under conditions of martial law are considered. The theoretical principles of citizen's rights and freedoms protection in the context of dynamics of changes of the national legislation and statics of international legal acts on human rights and freedoms under the conditions of imposition of special legal regimes are analyzed. The conducted analysis allows resolving the question of the possibility of improvement of the current legislation regulating specific legal regimes. Suggestions for improvement of the legislation on special legal regimes and legal regime of martial law are formulated

Keywords: human rights and freedoms, special legal regimes, state of emergency, martial law, National Police, restrictions on rights and freedoms

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