Окремі проблеми забезпечення неприпустимості обмеження права на судовий захист в умовах воєнного стану

Unlike some human and civil rights and freedoms, which may be limited under martial law, in Ukraine the right to judicial protection is under absolute constitutional protection - it cannot be limited under any conditions. The article is devoted to studying the question of whether the norms of the Constitution of Ukraine, which determine the rights of a person subject to the regime of possible restriction, contain elements of an unlimited right of a person to judicial protection and to what extent the practical need to clarify this issue is taken into account by the subjects authorized to establish the relevant restrictions in the process of their normative activity. The purpose of the study is to carry out a theoretical and legal assessment of the acts of current legislation, which establish certain restrictions on the rights and freedoms of a person and a citizen, with a view to compliance by the subjects issuing such acts with the prohibition on restricting the right of a person to judicial protection, as well as to prepare relevant proposals if there are grounds for this. Based on the analysis of the provisions of the Constitution of Ukraine, acts of current legislation on the introduction and extension of martial law in Ukraine, as well as documents of communication between the Permanent Representation of Ukraine to the Council of Europe and the Secretary General of the Council of Europe, the author identified certain problems of ensuring the inadmissibility of restricting the right to judicial protection in conditions of martial law. In particular, it was found that the guarantee of judicial protection of the right to refute inaccurate information about oneself and one’s family members and the right to demand the removal of any information is the object of a potential restriction. It was also found that there are prerequisites for initiating consideration of the issue of amending Clause 3 of the Decree of the President of Ukraine “On the Introduction of Martial Law in Ukraine” dated 24.02.2022 No. 64/2022 by specifying its provisions in terms of specifying Article 32 of the Constitution of Ukraine in order to exclude from the text of the specified by-law the provisions that cover the content of Part 4 of Article 32 of the Constitution of Ukraine.