The Ministry of Justice of Ukraine has updated the list of rights and freedoms that may be restricted for people in Ukraine and informed the Council of Europe about it. This is reported by UNN with reference to the document.
Details
According to the document, the country's military leadership has the right to restrict the freedom of movement of citizens, inspect belongings, and forcibly alienate property for the needs of the state.
The text refers to the fact that martial law has been in effect in Ukraine for a long time. Article 15 of the Convention on Human Rights provides that temporary restrictions on people's constitutional rights may be introduced during this period. This applies to the following articles:
- inviolability of housing (Article 30);
- secrecy of telephone conversations, correspondence, and postal items (Article 31);
- non-interference in personal and family life (Article 32);
- freedom of movement, the right to cross the border and return to Ukraine (Article 33);
- the right to freedom of thought and speech, as well as the free expression of one's views and beliefs (Article 34);
- the right to participate in the management of state affairs and referendums, to freely elect and be elected to state authorities and local self-government bodies, equal access to public service (Article 38);
- the right to peaceful assemblies and demonstrations (Article 39);
- the right to own and dispose of one's property (Article 41);
- the right to entrepreneurial activity not prohibited by law (Article 42);
- the right to education (Article 53).
What measures can the military command take?
Accordingly, as the text of the published document further states, the military command may, within the framework of temporary restrictions on human constitutional rights and freedoms, implement the following legal measures:
- carry out forced alienation of private or communal property for the needs of the state under the legal regime of martial law in the manner prescribed by law, and issue relevant documents (para. 4);
- introduce a curfew (prohibition of being on the streets and in other public places at a specified time without specially issued passes and IDs) in the prescribed manner (para. 5);
- establish in the prescribed manner a special regime of entry and exit, restrict the freedom of movement of citizens, foreigners and stateless persons (para. 5);
- establish in the prescribed manner the movement of citizens, foreigners and stateless persons, as well as the movement of vehicles (para. 6);
- conduct in the prescribed manner inspection of belongings, vehicles, luggage and cargo, office premises and citizens' housing, with the exception of restrictions established by the Constitution of Ukraine (para. 7);
- prohibit peaceful assemblies, rallies, marches, demonstrations and other mass events (para. 8);
- establish in the prescribed manner a ban or restriction on the choice of place of stay or residence of persons in the territory where martial law has been introduced (para. 10);
- prohibit citizens who are on military or special registration from changing their place of residence (place (places of stay) without appropriate permission (para. 16);
- establish a military housing obligation for individuals and legal entities (para. 17).
Recall
According to the mobilization law No. 10449, representatives of the TCC and SP can seize a vehicle for the needs of the Armed Forces of Ukraine from Ukrainians who own more than one vehicle.