the-echr-has-ruled-in-the-case-of-the-ban-on-the-st-georges-ribbon-in-ukraine-what-it-ruled

ECHR has ruled in the case of the ban on the St. George's ribbon in Ukraine: what it ruled

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The European Court of Human Rights (ECHR) has recognized the ban on the public wearing of the St. George's ribbon in Ukraine as legal. The decision was made in the case of Borzykh v. Ukraine, UNN reports with reference to the court's website.

Details

The plaintiff, Yuriy Borzykh, is a former military man, an ethnic Russian, who wanted to wear the St. George's ribbon on May 9, the Day of the Soviet victory over Nazi Germany.

The complaint was filed with the ECHR on November 17, 2017. The plaintiff complained, in particular, about the ban on wearing the St. George's ribbon in public places and that, in his opinion, this ban was discriminatory.

"The Court noted the changing significance of the St. George's ribbon in the ongoing armed conflict with Russia and found, in particular, that although the ban in Ukraine restricted freedom of expression, it was within the state's discretion," the ECtHR said in its judgment.

The Court also saw no reason to question the efforts of the Ukrainian government to address the problems caused by the armed conflict. The Court noted that the ban on the St. George's ribbon was not a total ban, and there were many exceptions, including its legitimate use as an original state award or military honor granted before 1991.

The ECtHR ruled that the state had not exceeded its discretionary powers ("margin of appreciation") and rejected this part of the application as manifestly unfounded.

It is noted that Borzykh was also unable to prove that the ban caused him mental anguish or anxiety, or otherwise had a significant impact on him.

In its judgment in the case of Borzykh v. Ukraine (application no. 11575/24), the European Court of Human Rights unanimously declared the application inadmissible. The decision is final.

Addendum

Ukraine has a ban on the use of symbols of totalitarian regimes. Articles of the law provide for both administrative and criminal liability.

Anna Murashko

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