Ukraine informs the European Council about partial derogation from the Human Rights Convention: what is it about
Kyiv • UNN
During martial law, the military leadership of Ukraine has the right to restrict the freedom of movement of citizens, inspect belongings and forcibly seize private or communal property for state needs under martial law, according to the updated list of rights and freedoms.
The Ministry of Justice of Ukraine has updated the list of rights and freedoms that can be restricted in Ukraine and informed the European Council about it. This was 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 their belongings, and forcibly alienate property for the needs of the state.
The text refers to the fact that martial law has been imposed in Ukraine for a long time. Article 15 of the Convention on Human Rights provides that temporary restrictions on the constitutional rights of individuals may be imposed during this period. This applies to the following articles:
- inviolability of the home (Article 30);
- secrecy of telephone conversations, correspondence and mail (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 free expression of their views and beliefs (Article 34);
- the right to participate in the management of public affairs and referendums, to freely elect and be elected to state and local government bodies, and equal access to civil service (Article 38);
- the right to peaceful meetings and demonstrations (Article 39);
- the right to own and dispose of one's own property (Article 41);
- the right to entrepreneurial activity not prohibited by law (Article 42);
- the right to education (Article 53).
What measures can be taken by the military command
Accordingly, as the text of the published document further states, the military command may, within the limits of temporary restrictions on constitutional human rights and freedoms, take such legal measures:
- to carry out the expropriation of private or municipal property for the needs of the state under the legal regime of martial law in accordance with the procedure established by law, and issue relevant documents (clause 4);
- to introduce a curfew (a ban on staying on the streets and in other public places at a certain time without specially issued passes and certificates) in accordance with the established procedure (clause 5);
- to establish, in accordance with the established procedure, a special regime of entry and exit, to restrict the freedom of movement of citizens, foreigners and stateless persons (clause 5);
- to establish in accordance with the established procedure the movement of citizens, foreigners and stateless persons, as well as the movement of vehicles (clause 6);
- to inspect the belongings, vehicles, luggage and cargo, office premises and homes of citizens in accordance with the established procedure, except for the restrictions established by the Constitution of Ukraine (clause 7);
- prohibit peaceful assemblies, rallies, marches, demonstrations and other mass events (clause 8);
- to establish, in accordance with the established procedure, a prohibition or restriction on the choice of place of stay or place of residence of persons in the territory where martial law has been introduced (clause 10);
- to prohibit citizens who are registered with the military or special registry from changing their place of residence (place(s) of stay) without a corresponding permit (clause 16);
- establish military housing obligation for individuals and legal entities (clause 17).
Recall
According to the law on mobilization No. 10449 , representatives of the TCC and JV can seize a vehicle for the needs of the Armed Forces from Ukrainianswho own more than one vehicle.
