THE FUNCTIONING OF THE HUMAN RIGHTS MECHANISM DURING THE WAR IN UKRAINE

Abstract

The article is devoted to identifying the features of the functioning of the mechanism for ensuring human rights during the war in Ukraine. The author determined that the main burden for ensuring human rights in Ukraine during the war fell on the Head of State, Parliament, Government, courts, the Constitutional Court of Ukraine, the Ombudsman, the Prosecutor’s Office, law enforcement agencies, local government bodies, local state administrations. At the same time, in connection with the war, in addition to the powers of peacetime, the above-mentioned public authorities experienced an additional burden due to the consequences of military actions.In addition to public authorities in Ukraine, there is a bar association and public organizations and political parties that also participate in the human rights process, their activities must be legal, timely and effective.One of the main problems of directly ensuring human and citizen rights and protecting and restoring violated rights lies not only in the area of gaps in legal regulation, but also in the area of insufficient material and human resources to ensure the implementation of relevant activities by public authorities.As a result of the introduction of martial law in Ukraine, temporarily, for the period of the legal regime of martial law, the possibility of restricting such rights and freedoms of a person and citizen has been introduced: the right to inviolability of the home, the secrecy of correspondence, the right to privacy, freedom of movement, the right to freedom of thought and speech, the right of citizens to participate in the management of state affairs, to elect and be elected, the right to peaceful assembly, the right to property, the right to entrepreneurial activity, the right to work, the right to strike, the right to education. All other rights and freedoms guaranteed by the Fundamental Law of Ukraine must be fully ensured.To fulfill this constitutional duty of the state, public authorities must simplify bureaucratic procedures, optimize document flow processes, apply an individual approach and the principle of the rule of law.