The Principle of the Rule of Law in a State of Emergency: International Standards and National Practice

Autori:

Anna MOCHERAD, Oleksandr SKRYPNIUK, Oleksandr SKRYPNIUK, Oleh MALINEVSKY, Volodymyr BRATKOVSKYI

Cod: ISSN: 1583-3410 (print), ISSN: 1584-5397 (electronic)
Dimensiuni: pp. 196-219

How to cite this article:

Mocherad, A., Skrypniuk, O., Skrypniuk, O., Malinevsky, O., Bratkovskyi, V. (2026). The Principle of the Rule of Law in a State of Emergency: International Standards and National Practice. Revista de Cercetare si Interventie Sociala, 94, 196-219, DOI: 10.33788/rcis.94.11

Abstract:

This article examines the implementation of the rule of law under a regime of emergency legislation through the analysis of international standards and national practice. The study investigates the legal framework governing restrictions on human rights and fundamental freedoms during states of emergency, focusing on the European Convention on Human Rights, the International Covenant on Civil and Political Rights, the jurisprudence of the European Court of Human Rights, the practice of the United Nations Human Rights Committee, and the recommendations of the Venice Commission. Particular attention is devoted to the principles of legality, necessity, proportionality, non-discrimination, and temporality as conditions for the lawful application of emergency measures. The research employs systemic, comparative legal, and formal legal methods to examine mechanisms for protecting human and civil rights under emergency conditions at international and national levels. The article analyzes the implementation of martial law in Ukraine in light of international human rights standards. The findings demonstrate that temporary restrictions on rights and freedoms are permissible only when a genuine threat to the life of the nation exists and judicial, parliamentary, and international oversight mechanisms are ensured. The study concludes that balancing public security, national interests, and human rights protection requires strict adherence to the rule of law. Its practical significance lies in identifying legal safeguards and oversight mechanisms aimed at preventing abuses of emergency powers and preserving democratic governance during severe crises.