IMPLEMENTATION OF THE EUROPEAN COURT OF HUMAN RIGHTS STANDARDS ON THE RESTRICTION OF CIVIL RIGHTS DURING WAR: THE UKRAINIAN EXPERIENCE

Abstract

The purpose of the article is to provide a comprehensive examination of the substance, specific features, and challenges of implementing the standards of the European Court of Human Rights (ECtHR) concerning the restriction of civil rights under martial law in Ukraine, as well as to identify approaches for improving the effectiveness of their application within the national legal system. Research methods applies documentary analysis of international and national legal acts, comparative legal analysis, examination of judicial practice, systematisation and generalisation methods. These approaches made it possible to identify the particularities of applying ECtHR standards during a state of emergency and armed conflict. The results of the research demonstrates that the ECtHR’s three-step proportionality test, as a universal tool for assessing the legitimacy of interference with human rights, gains particular significance in wartime. The analysis of ECtHR case law clarified the content of the criteria of legality, legitimate aim, necessity, and proportionality. It was established that even in the context of full-scale war, the state remains obliged to respect fundamental rights from which derogation is not permitted under Article 15 of the Convention. The study of the case law of the Supreme Court of Ukraine indicates a gradual increase in the integration of ECtHR standards into national adjudication, particularly in cases involving compulsory expropriation of property. At the same time, the application of the structured three-step proportionality test in requisition cases remains selective, highlighting the need to improve the methodological approach to assessing interferences with property rights during martial law. Discussion: the research identifies several systemic challenges that hinder the effective implementation of ECtHR standards during wartime: the lack of clear legislative criteria for restricting rights, insufficient mechanisms for controlling the exercise of state discretionary powers, barriers to access to justice, and the absence of a comprehensive mechanism for compensating war-related damage. Strengthening judicial oversight, refining legislation, and developing effective institutional mechanisms are emphasised as essential steps for ensuring the rule of law and fulfilling Ukraine’s international obligations. Implementing ECtHR standards in wartime is presented not only as a legal necessity but also as a strategic component of Ukraine’s European integration and consolidation of democratic institutions.