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All Journal Syariah: Jurnal Hukum dan Pemikiran Khazanah Hukum
Zaporozhchenko, Yuliia
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Humanities Law, Crime, Criminology & Criminal Justice

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Human Rights and Features of their Protection in Conditions of War: International Legal Standards, Administrative, Constitutional and Criminal Aspects Zaporozhchenko, Yuliia; Leheza, Yuliia; Volkova, Yuliia; Pushkina, Olena; Koval, Marat
Khazanah Hukum Vol 5, No 3 (2023): Khazanah Hukum Vol 5, No 3 December (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i3.33290

Abstract

The article is devoted to analysis of constitutional human rights and freedoms under martial law. The main focus is made on the analysis of human rights that may be restricted during martial law. Human rights are divided into absolute ones and relative ones. Absolute rights are determined as rights that cannot be limited under any circumstances. The legal definition of martial law is analyzed. It was found that martial law is the main legal basis for limiting the constitutional rights and freedoms of the person and of the citizen. Grounds for introducing martial law include threats to national security and territorial integrity. Attention is focused on the mechanisms and guarantees aimed at protection of human rights in conditions of martial law. Any restrictions on human rights must be justified, proportionate and necessary to achieve the legitimate goals of security and defense of the state. Affirmation and provision of human rights and freedoms is the main duty of the state. Therefore, during the legal regime of martial law the state cannot cancel its obligation to guarantee human rights. The list of rights which are not subject to restriction even during martial law, are human and citizen’s rights guaranteed by the Constitution. Respect for human rights is a guarantee of state power both at the national and international levels.
Foreign Experience of Ensuring Human Rights during Recruitment of the Armed Forces as an Element of the State’s National Security Zaporozhchenko, Yuliia; Kononets, Vita; Kumeiko, Andrii; Lemekha, Rostislav; Pysmennyi, Oleksandr
Syariah: Jurnal Hukum dan Pemikiran Vol 24 No 1 (2024)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v24i1.12577

Abstract

The purpose of the article is to carry out an original study of the main aspects of ensuring human rights during recruitment of the armed forces as an element of the state’s national security. Four methods of recruitment (manning) of armed forces have been established in the world, namely: on the basis of general military duty - by conscription of citizens for military service; on a voluntary basis - by recruiting military personnel under a contract; mixed - on the basis of the law on general military duty and voluntary recruitment of servicemen under contract; police method - on the basis of the law on the general military conscription. This article is the qualitative research with a historical and comparative approach. It was concluded that the main argument of supporters of a professional army in the world consists in the following: firstly, professional possession of military equipment in conditions of the digital development of society, and secondly, motivation of military personnel to complete military service. Currently, most developed countries such as the United States of America (USA), France, Israel, Germany, Poland, the Czech Republic, and Switzerland adhere to the course of professionalizing their armed forces and recruit their armies on a voluntary basis.
Human Rights and Features of their Protection in Conditions of War: International Legal Standards, Administrative, Constitutional and Criminal Aspects Zaporozhchenko, Yuliia; Leheza, Yuliia; Volkova, Yuliia; Pushkina, Olena; Koval, Marat
Khazanah Hukum Vol. 5 No. 3 (2023): Khazanah Hukum Vol 5, No 3 December (2023)
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v5i3.33290

Abstract

The article is devoted to analysis of constitutional human rights and freedoms under martial law. The main focus is made on the analysis of human rights that may be restricted during martial law. Human rights are divided into absolute ones and relative ones. Absolute rights are determined as rights that cannot be limited under any circumstances. The legal definition of martial law is analyzed. It was found that martial law is the main legal basis for limiting the constitutional rights and freedoms of the person and of the citizen. Grounds for introducing martial law include threats to national security and territorial integrity. Attention is focused on the mechanisms and guarantees aimed at protection of human rights in conditions of martial law. Any restrictions on human rights must be justified, proportionate and necessary to achieve the legitimate goals of security and defense of the state. Affirmation and provision of human rights and freedoms is the main duty of the state. Therefore, during the legal regime of martial law the state cannot cancel its obligation to guarantee human rights. The list of rights which are not subject to restriction even during martial law, are human and citizen’s rights guaranteed by the Constitution. Respect for human rights is a guarantee of state power both at the national and international levels.
Co-Authors Kononets, Vita Koval, Marat Kumeiko, Andrii Leheza, Yuliia Lemekha, Rostislav Pushkina, Olena Pysmennyi, Oleksandr Volkova, Yuliia