Legal Regulation of Protecting Information аbout Personal and Family Life in the Conditions of Martial Law

The article examines the legal basis for protecting information about personal and family life in the complex conditions of martial law, which provide for a number of specific restrictions and prohibitions defined by regulatory legal acts. It has been clarified that under martial law, the legal regulation of social relations objectively has certain peculiarities. In particular, it is possible to temporarily, for the period of the legal regime of martial law, restrict the constitutional rights and freedoms of a person and citizen, including those provided for in Article 32 of the Constitution of Ukraine, within the limits and scope necessary to ensure the possibility of introducing and implementing measures of the legal regime of martial law, which are provided for by the Law of Ukraine “On the Legal Regime of Martial Law”. Article 32 of the Constitution of Ukraine is considered in the context of guaranteeing a person’s right to non-interference in their personal and family life in order to determine the peculiarities of legal regulation of protecting information about personal and family life when introducing the legal regime of martial law. The peculiarities of legal regulation of social relations under martial law are studied. The state’s obligation to protect information about personal and family life is emphasized. Such protection involves creating a set of legal, administrative, organizational, technical, and other measures that ensure the preservation, integrity of information, as well as the proper order of access to information about personal and family life. In the context of this guarantee, three components have been identified that required concretization of content within the framework of the presented scientific study: information; personal life; family life of a person. During the study, the concept of “information” according to the Law of Ukraine No. 2657-XII “On Information” was taken as a basis. The content of the concept “personal life of a person”, a person’s right to personal life, a person’s right to the secrecy of personal life, a person’s rights to respect for their family life are considered. In the process of conducting the research, attention is focused on the fact that the legal regime of martial law cannot be used as an excuse for unreasonable restriction of personal rights.

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Publication Details

Journal
Uzhhorod National University Herald Series Law
Published
2024-08-19
DOI
https://doi.org/10.24144/2307-3322.2024.83.2.50
Primary Topic
Education, Law, and Society
Type
article
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article

Legal Regulation of Protecting Information аbout Personal and Family Life in the Conditions of Martial Law

І. В. Солончук
Uzhhorod National University Herald Series Law
Education, Law, and Society
article

Legal Regulation of Protecting Information аbout Personal and Family Life in the Conditions of Martial Law

І. В. Солончук
article en

Abstract

The article examines the legal basis for protecting information about personal and family life in the complex conditions of martial law, which provide for a number of specific restrictions and prohibitions defined by regulatory legal acts. It has been clarified that under martial law, the legal regulation of social relations objectively has certain peculiarities. In particular, it is possible to temporarily, for the period of the legal regime of martial law, restrict the constitutional rights and freedoms of a person and citizen, including those provided for in Article 32 of the Constitution of Ukraine, within the limits and scope necessary to ensure the possibility of introducing and implementing measures of the legal regime of martial law, which are provided for by the Law of Ukraine “On the Legal Regime of Martial Law”. Article 32 of the Constitution of Ukraine is considered in the context of guaranteeing a person’s right to non-interference in their personal and family life in order to determine the peculiarities of legal regulation of protecting information about personal and family life when introducing the legal regime of martial law. The peculiarities of legal regulation of social relations under martial law are studied. The state’s obligation to protect information about personal and family life is emphasized. Such protection involves creating a set of legal, administrative, organizational, technical, and other measures that ensure the preservation, integrity of information, as well as the proper order of access to information about personal and family life. In the context of this guarantee, three components have been identified that required concretization of content within the framework of the presented scientific study: information; personal life; family life of a person. During the study, the concept of “information” according to the Law of Ukraine No. 2657-XII “On Information” was taken as a basis. The content of the concept “personal life of a person”, a person’s right to personal life, a person’s right to the secrecy of personal life, a person’s rights to respect for their family life are considered. In the process of conducting the research, attention is focused on the fact that the legal regime of martial law cannot be used as an excuse for unreasonable restriction of personal rights.

Uzhhorod National University Herald Series LawVol. 2(83)
Peace, Justice and strong institutions
Openalex Percentile: Top 78%
Education, Law, and Society
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