Relative Human Rights in the Context of Special Legal Regimes

Abstract

The article examines the human rights that may be limited in conditions of emergency and martial law, which is relevant in modern conditions, based on the presence of local military conflicts, states of emergency or the possibility of their existence in many countries. The purpose of the work is to clarify the main features of different types of human rights that are subject to restrictions in special legal situations, highlight the specific violations by public authorities and local governments in the application of certain types of restrictions. To achieve this goal, the work uses a system of methods of scientific knowledge, including general, private, and special legal. The practical value of the study lies in the implementation of classifications of human rights on the criterion of the possibility of their restriction in the context of special legal regimes. Thus, during the operation of special legal regimes, the following human and civil rights may be temporarily restricted: the right to liberty and security of person, the right to housing, the right to privacy, the right to private and family life, freedom of movement, freedom of thought, freedom to freely express one's views and beliefs, the right to participate in referendums, the right to vote and to be elected, the right to peaceful assembly, the right to property, the right to work and freedom of entrepreneurial activity, the right to education, the right to personal data protection. It is concluded that in the conditions of special legal regimes there is a large number of human rights, which are relations, not absolute, and may be limited by the state and its bodies, local authorities. However, in order for such restrictions to be lawful, consistent with the rule of law, and recognized as admissible, they must meet certain criteria: they must be provided for by law; should not affect the basic content of the law; must be dimensional to the goal (principle of proportionality); be carried out for lawful purposes, the list of which is exhaustive and not subject to expansion

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“…The importance and complexity of the existing issues in the field of intellectual property, reflecting the existing shortcomings within the country, drive researchers to seek solutions, resulting in various perspectives. This ranges from fulfilling a control function in society (Mernyk, 2023) and implementing changes associated with establishing a stable and integrated system of state institutions (Petryshyn et al, 2021), to obligatory involvement of experts in the intellectual property sphere in reform processes (Gusarov, 2020).…”

Confiscation as a special sign of protection of intellectual property rights

“…3The importance and complexity of the existing issues in the field of intellectual property, reflecting the existing shortcomings within the country, drive researchers to seek solutions, resulting in various perspectives. This ranges from fulfilling a control function in society(Mernyk, 2023) and implementing changes associated with establishing a stable and integrated system of state institutions(Petryshyn et al, 2021), to obligatory involvement of experts in the intellectual property sphere in reform processes(Gusarov, 2020).It is worth noting that a reform of the state intellectual property system was initiated in Ukraine in 2016, leading to significant changes.For instance, the Law of Ukraine "On Amendments to Certain Laws of Ukraine Regarding the Creation of a National Intellectual Property Authority" (2020) led to the establishment of a national intellectual property office responsible for implementing state policies in this sphere. Furthermore, problems within the state intellectual property system prompted the Cabinet of Ministers of Ukraine to issue Decree No.…”