HUMAN RIGHTS PROTECTION AND LAW ENFORCEMENT ACTIVITIES OF THE STATE BORDER GUARD SERVICE OF UKRAINE UNDER MARTIAL LAW

Abstract

This article provides a comprehensive legal and doctrinal analysis of the human rights protection and law enforcement activities of the State Border Guard Service of Ukraine under the legal regime of martial law. The relevance of the research is determined by the profound transformation of the functional role of border authorities following the introduction of martial law on 24 February 2022 as a result of the full-scale armed aggression of the Russian Federation against Ukraine. In the current security environment, the State Border Guard Service of Ukraine performs not only its traditional tasks related to the protection of the state border and border control but also exercises an expanded range of law enforcement, administrative-jurisdictional, defense-related and humanitarian functions. This multidimensional nature of border activities significantly increases the importance of ensuring effective protection of human rights while simultaneously safeguarding national security interests. The article examines the normative and legal framework governing the activities of the State Border Guard Service of Ukraine during martial law, with particular attention paid to the application of constitutional provisions, special legislation regulating border protection, and international human rights standards. The study identifies the specific features of administrative and legal regulation of border activities in extraordinary legal conditions, emphasizing the need to maintain the principles of legality, proportionality, necessity and legal certainty when restricting individual rights and freedoms. Special focus is placed on procedural guarantees for persons crossing the state border, including internally displaced persons, refugees, asylum seekers, foreign nationals and stateless persons, as well as men of conscription age whose freedom of movement is subject to temporary restrictions under mobilization legislation. Based on the analysis of law enforcement practice and official statistical data, the article highlights the key challenges faced by border authorities during martial law, including unprecedented migration flows, a significant increase in administrative offenses related to border crossing, heightened security risks, and the complexity of documenting offenses under conditions of information sensitivity. Particular attention is devoted to the administrative-jurisdictional activities of border units, including the application of administrative coercive measures, detention procedures, verification of documents and initiation of administrative liability proceedings. The study substantiates that inadequate regulation or inconsistent enforcement of these powers may lead to violations of human rights and undermine public trust in state institutions. The article concludes that the effectiveness of human rights protection by the State Border Guard Service of Ukraine under martial law largely depends on the improvement of legal regulation, enhancement of professional training of border personnel, development of internal oversight mechanisms, and strengthening cooperation with other law enforcement bodies, the Ukrainian Parliament Commissioner for Human Rights and international monitoring institutions. The author argues that further adaptation of border legislation to international human rights standards is essential to ensure a sustainable balance between national security imperatives and the protection of fundamental human rights in times of armed conflict.