Control of observance of human rights during their restrictions in the conditions of special legal regimes

The article examines the institution of control over the observance of human rights as a means of protecting and restoring human rights during the operation of special legal regimes and after their termination, which is relevant in modern conditions, based on the presence of martial law in Ukraine. The purpose of the research is to carry out a legal analysis of the institution of control over the observance of human rights in the conditions of special legal regimes, to clarify the main features of public, state, and judicial control, to highlight the powers of institutions of civil society, state authorities, and Constitutional Courts in exercising control over the observance of human rights in the conditions of their temporary limitation. To achieve the goal, the work uses a system of methods of scientific knowledge, including general scientific and special legal methods. The practical value of the research lies in highlighting the powers of public authorities to monitor the non-violation of human rights in war and emergency situations. Since the application of special legal regimes always involves the use of extraordinary powers by state and municipal authorities and their illegal use can negatively affect democracy, basic human rights, as well as the rule of law, control over the introduction and implementation of special legal states and the use of discretionary authorities public authority is vital. It was concluded that control is a multifaceted and multifaceted social phenomenon, which can be defined as the activity of authorized subjects, which consists in determining the results of the control subject's influence on the object in order to determine its compliance with those legitimate evaluation criteria that presuppose the application of adequate to the received the result of response measures aimed at increasing the overall social efficiency of the system. It was emphasized that in case of violation of human rights by state and municipal authorities, the judicial system must provide people with effective protection (one of the requirements of the rule of law). Courts must exercise control to ensure that measures affecting human rights do not go (in general or in individual cases) beyond the limits of legality and beyond what is necessary to overcome and eliminate public security. The right to a court hearing on issues related to the legality of emergency measures must be protected by the independence of the judiciary. A meaningful judicial review of emergency measures by independent courts obliges the government to provide convincing evidence that the measures are consistent with the principles of necessity and proportionality.

Doi: 10.31359/1993-0909-2023-30-1-31