FREEDOM AND HUMAN DIGNITY AS FUNDAMENTAL CONSTITUTIONAL VALUES: THE CHALLENGE OF MODERNITY

• Autor(a) principal: Melnychuk, Svitlana
• Data de Publicação: 2023
• Outros Autores: Zagorui, Ivan, Zagorui, Liudmyla, Kravchenko, Ihor, Kuderska , Nadiia
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Lex Humana
• Texto Completo: https://seer.ucp.br/seer/index.php/LexHumana/article/view/2655
• topic: Constitutional rights; Freedom; Human dignity; Martial law; Restriction of rights

In Ukraine, as in many other countries, regulating key legal values, which represent universal ideals of civilization and democratic standards, is important and necessary. Despite the change in social processes and state-legal phenomena, they act as a stabilizing factor that helps contain and prevent serious threats, accumulate the best achievements of legal development at the national and international levels, develop legal awareness, legal culture, in particular constitutional culture, national legal ideology and identity. Human dignity has a defining role in the system of constitutional values. Being the core of every constitutional right, it forms and broadcasts the idea of a person as a unique self-determined being who is not under the state’s power. It forms respect for the inner world of a person, their place in society, and relations with the state. The right to respect for human dignity in almost all constitutional systems, including ours, is absolute, just like the right to life. This means that the state cannot restrict the right to exercise human dignity. The authors study the legislation and judicial practice to clarify the reasons for the introduction of the martial law regime. The article also pays attention to the potential restrictions on rights and freedoms under the conditions of martial law.