Legitimacy of restrictions on the constitutional rights and freedoms of citizens and their protection in court

The article is devoted to the current problem of protection of constitutional rights of citizens in court and their legitimate restriction. The essence of restrictions on fundamental human rights is to ensure legitimate interference of the state in the private autonomy of the individual in order to ensure the common good. The principle of the rule of law determines that fundamental rights can be restricted reasonably, only on legal grounds with compliance with the requirements of the principle of proportionality. It should also be noted that only the laws of Ukraine determine the legal regime of martial law and state of emergency, rights and freedoms of man and citizen, guarantees of these rights and freedoms; basic duties of a citizen. That is why any restrictions on the rights and freedoms of man and citizen must be legitimate, and also established in accordance with the requirements of the legislation of Ukraine. The relevance of the issue is also determined by the fact that an important role in respecting the rights and freedoms of a person and a citizen when solving complex tasks of a social and state nature is assigned to the “three-component test”. In terms of the impossibility of restricting human rights and freedoms, the “three-component test” should be applied only in order to maintain a balance when restricting rights and freedoms in a democratic society. It includes three elements: not restricting human rights and freedoms can lead to significant harm to this goal; restricting human rights and freedoms must serve a legitimate goal; the harm that can be caused by not restricting human rights and freedoms is greater than the harm caused by such a restriction. The article also substantiates the fact that if all three components are present, it can be stated that the grounds for restricting human rights and freedoms are legitimate. From the above, we state that the Constitution of Ukraine contains norms regarding the need for a legitimate goal for the application of such restrictions, however, there is no consolidation of the entire “three-component test” in the regulatory order.