Administrative and Legal Guarantees of Human Rights and Freedoms in the Sphere of National Security Under Martial Law

Abstract

The article is devoted to a comprehensive study of administrative and legal guarantees of human and civil rights and freedoms in the field of national security under martial law. It is emphasized that the rule of law and the recognition of human life and dignity as the highest social value remain fundamental guidelines for the state, even when certain rights are subject to restrictions. It is substantiated that administrative law provides the necessary procedural framework to balance the interests of state security and human rights.

Based on the analysis of constitutional provisions, the Law of Ukraine “On National Security of Ukraine,” the National Security Strategy of Ukraine, and the scientific achievements of Ukrainian scholars (V. Averianov, O. Skrypnyuk, Yu. Shemshuchenko, O. Andriyko), the article proposes the “three Cs” concept: competence of executive bodies in the field of security, coordination of their activities with civil society institutions, and control over compliance with human rights and freedoms. It is demonstrated that without clear normative regulation of competences, institutionalization of coordination forms, and development of control mechanisms, any security policy risks turning into an instrument of administrative arbitrariness.

The novelty of the research lies in the formulation of the theoretical foundations of a new scientific category – “legal security,” defined as a system of legal and procedural guarantees of the predictability of state decisions aimed at protecting rights and freedoms in the sphere of national security. The article also puts forward proposals for improving the legislative framework, in particular amendments to the Law of Ukraine “On National Security of Ukraine” regarding procedural guarantees, creation of public control mechanisms, and mandatory adoption of administrative acts to formalize restrictions of rights and freedoms.

The practical significance of the article lies in the possibility of using its conclusions for drafting legislative proposals, developing administrative procedures for the activities of military administrations and security sector bodies, as well as for improving scientific concepts of the development of Ukrainian administrative law in the context of European integration.