In accordance with Part 2 of Article 26 of the Law of Ukraine dated May 12, 2015 No. 389-VIII “On the Legal Regime of Martial Law”, in conditions of martial law, the rights and freedoms of a person and a citizen provided for in Part 2 of Article 64 of the Constitution of Ukraine cannot be restricted .
In accordance with Part Two of Article 64 of the Constitution of Ukraine, in special database conditions of martial law or a state of emergency, certain restrictions on rights and freedoms may be established, indicating the period of validity of these restrictions. The rights and freedoms provided for in Articles 24 , 25 , 27 , 28 , 29 , 40 , 47 , 51 , 52 , 55 , 56 , 57, 58, 59, 60 , 61 , 62 , 63 of this Constitution may not be restricted.
The content of part two of Article 64 of the Constitution of Ukraine imperatively defines a minimum list of human and citizen rights and freedoms that under any circumstances, neither in martial law nor in a state of emergency, may be limited or abolished .
However, other rights and freedoms, in particular, those guaranteed by the provisions of Article 21, Parts One – Three of Article 22 of the Constitution of Ukraine, may be restricted, since these articles are not included in the list specified in Part Two of Article 64 of the Constitution of Ukraine.
At the same time, such restrictions cannot be arbitrary, and
freedoms guaranteed by the provisions of Article 21, parts one and three of Article 22 of the Constitution of Ukraine during the legal regime of martial law in force in Ukraine are premature.
Law of Ukraine No. 389-VIII of May 12, 2015 “On the legal regime of martial law”:
Part 2 of Article 5 - in the event of a decision on the need to introduce martial law in Ukraine or in
in its individual localities, the President of Ukraine shall issue a decree on the introduction of martial law in Ukraine or in its individual localities and shall immediately address the Verkhovna Rada of Ukraine regarding its
Allegations of restrictions on rights
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