LIMITS ON RESTRICTIONS OF HUMAN RIGHTS: CONCEPT AND LEGISLATIVE CONSOLIDATION

Abstract

This article explores the limits of restrictions on the rights and freedoms of individuals and citizens, their concept, and legislative consolidation. It is noted that the rights and freedoms of individuals and citizens of Ukraine, as guaranteed by the Constitution of Ukraine, may be restricted. The cases in which such restrictions are permissible are detailed in the Constitution of Ukraine and provided for by norms of international law. Among the most effective measures for restricting human rights by the state are the introduction of martial law and a state of emergency. Generally, restrictions intensify when the entire society is under threat. Therefore, during martial law, human rights may be limited for the sake of the common good.It is emphasized that depending on the circumstances, forms of restriction of human rights may include obligations, prohibitions, protective measures, punishments, liability, preventive measures, and so on. Thus, any establishment of legal liability by the current legislation of Ukraine for violation of legal duties by an individual constitutes a restriction of human rights and freedoms. Every modern state has its own system of constitutionally enshrined universal values, which form the basis for determining the limits of the realization of rights and freedoms by the citizens of Ukraine. These foundations can be defined as a set of criteria and guidelines that outline the boundaries of citizens’ exercise of their constitutional rights and freedoms, as well as the implementation–within the framework of the Constitution and laws of Ukraine–of the powers of state and local self-government bodies.The article concludes that the foundation of the legal phenomenon of human rights and freedoms lies in their interaction with the state. It is the state that plays a direct role in establishing, recognizing, implementing, and guaranteeing human rights and freedoms. In this context, when imposing restrictions on human and civil rights and freedoms, the state must find a balance between the inalienable rights of the individual and the maintenance of public order in society. Any imposition of such restrictions within established boundaries must comply with the requirements of the current legislation.There is thus an urgent need for the legislative consolidation of the legal definition of restrictions on human and civil rights and freedoms, including the concept of the limits of such restrictions. The definition and legislative entrenchment of the boundaries of restrictions on rights and freedoms, the balance between citizens' actions, public interests, and the state itself, as well as prohibitions on abuse of state power and official authority during the implementation of human rights restrictions, are currently among the most pressing issues affecting nearly all spheres of public life.