Methodological Foundations for Researching Human Rights Protection Guarantees in the Context of Combating Illicit Drug Trafficking under Martial Law: Criminal Procedural and Administrative Procedural Aspects, and Mechanisms for Compensation for Damages
Author(s): Nataliia Shumska*, Roksolana Butynska, Tetyana Minka and Olena Antoniuk
Abstract
Aim: The paper sets out a conceptual groundwork for examining how human rights are secured when the state confronts the illegal drug trade in a period of martial law.
Methods: The research relies on comparative legal analysis of sources written in Spanish, Italian and German, on international treaties, and on the case law of international and constitutional courts. Particular emphasis is placed on the well-established proportionality doctrine as applied to surveillance, covert monitoring, special checks, road closures, secret interception of communications, police inspection visits and other coercive measures taken by the executive.
Results: The study reviews foreign models of emergency response to drug crime, namely those adopted in Ecuador, El Salvador, Colombia and Mexico, and compares them with the approach of Italy and Germany on the basis of official data for 2025-2026. It is argued that the mere existence of martial law does not justify suspending procedural safeguards in drug cases; only restrictions that are linked to defence needs, are fair and are limited in time can be accepted. Recommendations are developed on how these standards could be adopted in Ukraine.
Conclusion: The paper proposes a method for fighting the illegal drug trade during war, ensuring that human rights are not restricted more than allowed by Ukraine’s Constitution and international law. Working out this approach needs to consider how foreign countries set up emergency systems specifically to stop drug-related crimes.