LIMITATION OF THE RIGHT TO THE SECRET OF CORRESPONDENCE UNDER THE CONDITIONS OF MARTIAL STATE: UKRAINIAN REALITIES

Abstract

The article is devoted to the study of the peculiarities of the limitation of the right to secrecy of correspondence in the conditions of martial law in Ukraine and the world. Taking into account the current situation in Ukraine and the introduction of martial law throughout its territory, except for temporarily occupied regions, and the introduction of restrictions on certain human rights and freedoms, including the right to secrecy of correspondence, the research topic is extremely relevant. The author clarified the essence and conditions of the application of restrictions on human rights and freedoms in the conditions of martial law, analyzed the models of constitutional regulation of human rights and freedoms in the conditions of operation of special legal regimes, and determined the one that is inherent in Ukraine and the one that is considered the most appropriate for application. The article examines the legislation of foreign countries that limit the right to secrecy of correspondence under martial law, highlights and summarizes the principles of legitimate restriction of the right to secrecy of correspondence under martial law in different countries. The author determined that martial law is almost the only legal possibility to restrict the right of a person to the secrecy of correspondence, and therefore it is stated that any gaps in the legislation or problems of practical implementation of legislative norms may cause excessive or unjustified restriction of the right to secrecy of correspondence in conditions of martial law. In this regard, shortcomings and gaps in Ukrainian legislation and in the practice of its application in this area were identified, and ways of improving the provision of the constitutional right to secrecy of correspondence in the conditions of martial law were proposed.