Роль принципу пропорційності під час обмеження конституційних прав і свобод людини і громадянина в Україні: проблеми теорії та практики

It is indicated that in the realities that have formed in our country in recent years, compliance with the principle of the rule of law, in particular its element of proportionality, is gaining increasing relevance. Cases of restriction of human rights are increasingly encountered in social and legal relations, therefore, studying the role of the principle of proportionality in the restriction of constitutional rights and freedoms of man and citizen in Ukraine is currently an urgent necessity. In particular, questions arise regarding the legality and expediency of restrictions on human and citizen rights during martial law, when the interests of the state have a higher priority than the interests of an individual. Therefore, the problem of improving the legislative regulation of the principle of proportionality is important, which will allow for effective protection of human rights and maintaining a balance between individual rights and public interests, in particular in emergency situations. The article analyzes proportionality as an important element of the principle of the rule of law in the context of constitutional law. The focus is on the indispensability of this principle in the sphere of restriction of human rights in Ukraine in modern conditions. Separately, the historical development of the principle of proportionality, the concepts associated with it, its consolidation in international practice, in particular in the decisions of the European Court of Human Rights, as well as its use in Ukrainian judicial practice, in particular in conditions of martial law, are considered. The relevance of the principle of proportionality when restricting human rights and freedoms in crisis situations, such as quarantine or martial law, is emphasized, and the need for a clear consolidation of this principle in national legislation is emphasized. The author concludes that the principle of proportionality is not only a legal instrument for ensuring legality and justice when restricting human rights, but also an important element for preserving democracy, the rule of law and fundamental rights and freedoms in independent sovereign Ukraine. It is it that ensures full and comprehensive observance of human and citizen rights and freedoms, in particular during special legal regimes, such as martial law. It also determines that restrictions must be minimal and not exceed what is necessary to achieve a specific goal.