The Value of Human Security and Legal Meansof Its Realization in the Context of the Armed Aggression of the Russian Federation againstUkraine

Background: The armed aggression of the Russian Federation against Ukraine and within Ukraine makes the issue of security as a universal human and legal value particularly relevant. Ukrainian legislation defines the concept of national security and links it, among other things, to the protection of vital human interests, safe living conditions, and well-being. This prompts an examination of the phenomenon of human security in view of: 1) the dependence of collective security on external factors, especially under martial law, and 2) the influence of internal factors on individual capabilities, particularly those related to national defence procedures. Methods: The study is based on a system of methods subordinated to a single natural law conceptual research approach, which serves to substantiate the scientific hypothesis that human security is understood as a component of a complex value—the value of the human personality, primarily in terms of its legal protection and development in conjunction with the value of freedom. Results and conclusions: Based on the results of the study, it was found that social relations related to the embodiment of the value of human security are subject to a general permissive type of legal regulation. Aimed at enabling the “general freedom of action” of a person, this type of regulation becomes a guideline and criterion for assessing legislation and legal practice, in particular, legal means that shape the content and scope of constitutional rights that mediate human protection procedures, such as the right to judicial protection. At the same time, the analysis of the practice of Ukraine’s constitutional jurisdiction illustrates examples of testing such legal means (justified from the standpoint of preserving and expanding the scope of freedom) in the course of examining issues of compliance with the principles of the non-exhaustiveness of human and civil rights and the prohibition of narrowing the content and scope of existing rights.