SUSCHENKO V. Counter-terrorist measures as a basis for forced temporary restriction by state bodies of human and citizen's rights and freedoms in Ukraine

The thesis is a comprehensive research study, that highlights, answering the call time, complex problem of determination on constitutional and legal grounds for restricting the rights and freedoms of human and citizen in terms of counter-terrorist measures. The influence of anti-terrorist measures on constitutional rights and freedoms is investigated as a combined legal phenomenon, which, on the one hand, pursues the goal of protecting the constitutional rights and freedoms of human and citizen, as it overcomes the terrorist threat, and on the other hand, is accompanied by restrictions on such rights and freedoms. It is established that at present the restrictions and guarantees of constitutional rights and freedoms in the context of counter-terrorist activities are hardly regulated at the constitutional and legal level. In this regard, the imposition of such measures is not always consistent with constitutional human rights principles and threatens to violate the rights, they are called upon to protect. The inconsistency of particular restrictions on constitutional rights and freedoms in the context of counter-terrorist measures with the provisions of the Basic Law of Ukraine has been scientifically proven. The need for additional legal regulation of the guarantees of constitutional rights and freedoms, which are adversely affected by counter-terrorist activities, is pointed out. It is proposed to define the constitutional and legal status of counter-terrorist measures as one of the grounds for the forced temporary restriction of the constitutional rights and freedoms of human and citizen. The urgent need for such a definition is justified in order to enable the assessment of the limitations of these measures on the subject of constitutionality and the observance of human rights standards. Taking into account the national constitutional principles and international standards in the field of human rights protection, the author propose improvement of the norms of the current legislation, law-making and law enforcement activities in order to prevent the unlawful restriction of constitutional rights and freedoms in the application of counter-terrorist measures.