No Legislative Basis for Punishment under Martial Law

The Ministry of Justice of Ukraine provided an official response to an information request submitted in July 2024 concerning the legal grounds for holding individuals accountable for violating curfew restrictions during martial law.

The response states that neither the current Code of Ukraine on Administrative Offenses nor the Criminal Code of Ukraine provides for any liability for violating curfew. This means that, at the legislative level, there is no administrative or criminal provision establishing legal consequences for being outside during curfew hours.

Additionally, it is emphasized that state and local authorities, as well as their officials, are obligated to act strictly within the limits of their powers and in accordance with procedures defined by the Constitution and laws of Ukraine. This confirms that it is unlawful to impose sanctions on citizens based solely on orders from military command or local administrations if such measures are not grounded in specific legal provisions.

The statement that the Ministry of Justice refuses to classify the provided information as public and instead invokes the status of legal consultation further confirms that no established or codified legal norm exists.

While the curfew itself is introduced by subordinate regulations during martial law, the absence of a corresponding liability norm in administrative or criminal legislation means that any attempts to penalize citizens for its violation cannot be considered lawful.

Accordingly, any actions aimed at punishing citizens for violating curfew — including administrative citations, fines, detentions, restrictions on movement, or other forms of coercion — are legally void. Since no offense is defined by law, the application of sanctions contradicts the principle of legality enshrined in Article 19 of the Constitution of Ukraine.

This creates grounds for mass legal challenges to such sanctions in court, recognition of their illegality, and the initiation of proceedings against officials who have exceeded their authority.

Therefore, while curfew in Ukraine may be introduced as a restrictive measure under martial law, any sanctions for its violation that are not supported by direct legislative provisions lack legal force and violate the fundamental principles of the rule of law.