Restrictions of human and citizen labor rights in connection with the introduction of a special legal regime

The right to work is one of the fundamental human rights, guaranteed by the Constitution of Ukraine at the state level, as well as by international treaties concluded and ratified by Ukraine. As a significant aspect of the process of development and formation of modern society, human labor rights can neither be violated nor limited without legitimate grounds. With the beginning of military aggression and the introduction of martial law in the country, the issue of legal regulation of social relations during the period of a special legal regime has gained importance. In this regard, some rights of citizens guaranteed by the Constitution have nevertheless been subject to some restrictions to the extent necessary to ensure the security of society and the state. The regulation of labor relations during the period of martial law on the territory of the state is significantly different from peaceful, which requires scientific and legal justification. This article analyzes the changes to the provisions of the current labor legislation regarding the implementation by a person of labor law functions in accordance with the social and legal vector of the state's activities. The importance of ensuring stability and security for employees under martial law is emphasized, and the temporary nature of restrictive measures in the field of labor relations is also emphasized. Although it is generally accepted that human rights cannot be violated in peacetime or wartime, the state is still forced to create conditions for the free development of labor, economic growth and the realization of human potential during this difficult period, but with certain restrictions. Based on a formal and legal analysis of the legislation of Ukraine and a comparison of regulatory documents and scientific provisions, the study highlights problematic aspects of compliance with the constitutional right to work. It is concluded that it is necessary to maintain a balance of interests between employers and employees, as well as to develop labor legislation taking into account the specifics of the situation during a military conflict.

labor rights, constitutional rights, the right to work, working conditions, restrictions on labor rights, labor legislation, international acts