19/02/2024

Ukrainian National Bar Association is a Private Entity

Regarding the inquiry contained within Part I, Question 178 of the European Union (EU) Questionnaire and Responses for Ukraine’s Candidacy Status:

“Does Ukraine possess a National Human Rights Institution (NHRI)? Is it in compliance with the Paris Principles concerning NHRIs, and does the NHRI hold accreditation from GANHRI, including its accreditation status?”

Ukraine’s response elucidates that the sole human rights body operational within the nation is the Human Rights Ombudsman.

There is an absence of a legal advocacy institution as delineated in the disclosed questionnaire, which raises certain implications.

The  ... Read more

06/02/2024

Uncompensated Material and Non-Pecuniary Damages

The head of the state does not take adequate measures to restore the housing of Ukrainian citizens who were forced to move from occupied territories or areas where combat operations are conducted, as well as those who have lost their homes and other property due to the occupation.

Many Ukrainian citizens have relatives left in the occupied territories who require assistance and protection, yet the state takes no action to protect them and does not allow family reunions by prohibiting movement across the demarcation line with the occupied territories.

As a result of rights violations, Ukrainian citizens suffer both moral and material damage.

Moral harm is recognized  ... Read more

06/02/2024

Avoidance of Responsibility by National Leadership

The leadership of the country is objectively suspected of embezzling property, that is, resources belonging to the citizens of Ukraine.

In 2023, with the assistance of parliament, the possibility was introduced to apply probationary supervision as a new form of punishment instead of imprisonment for individuals found guilty of abusing their official position, giving bribes, and bribing officials of private legal entities. In effect, such individuals would not face actual punishment.

Furthermore, one of the most frequently applied categories in the economic sphere is the composition of fraud as a criminal offense.

In Ukrainian judicial  ... Read more

06/02/2024

Ukrainian Courts and the Controversy Over Border Exit Rights

Ukrainian administrative courts are systematically denying Ukrainian citizens satisfaction in lawsuits challenging the decisions of military personnel of the State Border Guard Service of Ukraine on the temporary restriction of their rights as Ukrainian citizens to leave Ukraine; the recognition as illegal and the annulment of their decisions to deny crossing the state border of Ukraine, and the obligation for them to provide Ukrainian citizens with permissions to cross the state border of Ukraine on a permanent basis according to the law, based on the passport of a citizen of Ukraine for foreign travel.

The basis for the refusal to satisfy the claim, as stated in the court decision, is that the court considers that the Rules for Crossing the State Border by Citizens of Ukraine, approved by the resolution of the  ... Read more

06/02/2024

Breach of the Separation of Powers Doctrine

The separation of state power is the structural differentiation of three coequal primary functions of the state: legislative, executive, and judicial. It reflects the functional definiteness of each state organ, entails not only the demarcation of their powers but also their interaction, a system of mutual checks and balances aimed at ensuring their cooperation as a single state authority.

The principle of the separation of state powers only becomes meaningful under the condition that all state authorities act within a unified legal field.

This means that the legislative, executive,  ... Read more

06/02/2024

Justice Undermined by Ukraine's Supreme Court Abolition

In Ukraine, the actions of unlawful judicial authorities fail to protect the rights and legitimate interests of citizens.

During the judicial reform of 2016, the Supreme Court of Ukraine was abolished. A new Supreme Court was established in its place through a separate competition. The authors of the reform intended this process to purge the highest judicial body of corrupt judges. The parliament amended the Constitution and changed the name of the institution from “Supreme Court of Ukraine” (SCU) to simply “Supreme Court” (SC).

In February 2020, the Constitutional Court issued a decision declaring the abolition of the SCU unconstitutional and called on the parliament to immediately  ... Read more

06/02/2024

Discrimination Against Ukrainian Citizens Abroad

Ukrainian authorities and officials within the European Union are accusing thousands of Ukrainian men of crimes stipulated by Article 366 of the Criminal Code of Ukraine (evasion from mobilization) without having sufficient grounds for such accusations, as they lack information that these individuals are sought for committed crimes. Consequently, they predispose local citizens of the EU against Ukrainian men, which may lead to illegal actions against Ukrainians who are refugees in other countries.

They assert that Ukrainians should return and fight for their families, thereby unequivocally proposing to discriminate against men. This constitutes discrimination on the basis of gender.

Article 14 of the Convention for the Protection of Human  ... Read more

06/02/2024

The Aggressive Curtailment of Conscription Exemptions in Ukraine

Thus, the Law of Ukraine “On Mobilization Preparation and Mobilization” was amended in 2005 with Article 23, during Ukraine’s first revolution (Orange Revolution), to include, among others, the right for members of the Ukrainian parliament and deputies of the Supreme Council of the Autonomous Republic of Crimea to defer conscription during mobilization.

In 2014, following the second revolution (Euromaidan), the aforementioned article was supplemented with a new section according to Law No. 1575-VII of July 3, 2014, establishing that full-time students are also  ... Read more

06/02/2024

The Egregious Curtailment of Free Movement in Ukraine

By Resolution No. 724 of the Cabinet of Ministers of Ukraine dated August 25, 2010, amendments were introduced to paragraph 4 of point 2 of the Rules for the Crossing of the State Border by Citizens of Ukraine, previously approved by its Resolution No. 57 dated January 27, 1995.

According to the aforementioned amendments, it was established that “In cases determined by legislation, for crossing the state border, citizens must also have supporting documents in addition to passport documents.”

Thus, the government had preemptively taken certa ... Read more

06/02/2024

The Sole Authority to Restrict Rights in Ukraine

The Constitutional Court of Ukraine, in its decision No. 10-r/2020 dated August 28, 2020, stated that “the restriction of constitutional rights and freedoms of a person and citizen is possible only in cases defined by the Constitution of Ukraine. Such restriction can only be established by law – an act adopted by the Verkhovna Rada as the sole legislative authority in Ukraine. Establishing such a restriction by a subordinate legal act contradicts Articles 1, 3, 6, 8, 19, 64 of the Constitution of Ukraine” (paragraph 3.2 of the reasoning part of the Decision of the Constitutional Court of Ukraine dated August 28, 2020, No. 10-r/2020).

The Constitutional Court of Ukraine clarified that, according to paragraphs 41 and 45 of the Report “Rule of Law,” approved by the European Commission  ... Read more

06/02/2024

Navigating Border Regulations - Document Requirements for Ukrainians

Article 3 of Ukraine’s “Law on the Procedure for Departure from and Entry into Ukraine by Ukrainian Citizens” sets forth a straightforward principle: Ukrainian citizens should cross the state border at designated points, armed with the requisite documents enumerated in Article 2. This provision ensures a structured and lawful framework for international travel.

However, Regulation No. 57 introduces a murky area during martial law periods, failing to explicitly mandate additional documentation for men, thereby creating a loophole that undermines the clarity and intent of the law. Moreover, the regulation ambiguously skirts around the issue of whether Ukrainian males aged 18 to 60 are outright forbidden from exiting Ukraine  ... Read more

06/02/2024

Decoding Ukraine’s Law on Citizens’ Exit Rights

Under Article 313 of the Civil Code of Ukraine, it is provided that an individual has the right to freedom of movement. An individual who has reached the age of sixteen has the right to freely and independently depart from the territory of Ukraine. An individual’s right to movement can only be restricted in cases established by law.

The Preamble of the Law of Ukraine No. 3857-XII dated January 21, 1994, “On the Procedure for Departure from Ukraine and Entry into Ukraine of Ukrainian Citizens,” states:

“This Law regulates the procedure for exercising the right of Ukrainian citizens to depart from Ukraine and enter Ukraine, the procedure for processing documents for foreign travel, determines the cases of temporary restriction of citizens’
 ... Read more
06/02/2024

The Illegal Restriction of Movement by State Officials

State officials in Ukraine are engaged in a blatant disregard for constitutional rights, notably violating Article 33 of the Ukrainian Constitution, which unequivocally guarantees every individual within Ukraine’s territory the freedom of movement, the free choice of residence, and the unrestricted right to leave the country, subject only to legal restrictions. In a grave overstep, these officials are enforcing subordinate regulations—namely, the Rules for crossing the state border established by the Cabinet of Ministers of Ukraine under Law No. 3857-XII—which, not being laws themselves, starkly contradict the Constitution, the Law of Ukraine, and the stipulations of international treaties.

 ... Read more

06/02/2024

Military Command’s Egregious Violations Under Martial Law

In a blatant defiance of the legal framework set by Law 389-VIII, “On the Legal Regime of Martial Law,” dated May 12, 2015, the military command has engaged in egregious overreaches that starkly violate the constitutional rights of Ukrainian citizens. This law, which specifies the conditions under which martial law may be invoked, clearly limits the scope of temporary restrictions on rights and freedoms to those expressly outlined by presidential decree and ratified by the Verkhovna Rada of Ukraine.

Contrary to these legal stipulations, the military command has usurped powers not granted to them, notably by imposing unwarranted restrictions on citizens’ freedom to move and cross borders. Such actions blatantly contravene the directives of Article 3, Section 2, and point 6 of part 1 of Article  ... Read more

06/02/2024

The Misguided Judicial Support for Unlawful Restrictions

Article 106 of the Ukrainian Constitution clearly delineates the powers vested in the President of Ukraine, notably omitting any authority to curtail citizens’ rights, even amidst the enactment of martial law. Despite this constitutional limitation, Ukrainian courts have erroneously upheld Presidential Decree No. 64/2022, dated 24 February 2022, “On the Imposition of Martial Law in Ukraine,” as a basis for restricting the fundamental right of citizens to freely exit the country during martial law periods.

Such interpretations grossly exceed the constitutional framework, as it is unequivocally impermissible under Ukrainian law to introduce amendments or new regulations that impose restrictions on the freedom of citizens to  ... Read more

06/02/2024

Unlawful Discrimination in Times of Martial Law

Despite the clear directives of Part 2 of Article 64 and Article 24 of the Constitution of Ukraine, which mandate the equality of all citizens and prohibit any restrictions on constitutional rights and freedoms based on gender, social, or economic status, even during martial law, Ukrainian authorities have instituted discriminatory practices that starkly contravene these constitutional provisions.

Article 24 emphatically asserts the principle of equality before the law, explicitly forbidding any form of discrimination, including on the grounds of gender or social origin. Yet, in a blatant disregard for these c ... Read more

06/02/2024

Grave Violation of Constitutional Rights by Ukrainian Athorities

State officials and the judiciary in Ukraine are engaging in a flagrant violation of the Constitution by failing to uphold the unequivocal mandates of Article 22, which solemnly guarantees the inviolability of constitutional rights and freedoms. This article explicitly states that no new law or amendment can curtail the breadth and depth of the existing rights and liberties afforded to Ukrainian citizens.

The government’s enactment of subordinate legislative acts that diminish these rights further exacerbates this breach of constitutional duty, directly contravening the legal principle that no legislative change should ever infringe upon the established freedoms of the populace.

Current Ukrainian legislation categorically prohibits any  ... Read more

06/02/2024

Abuse of Military Power - Violating Citizens’ Rights in Ukraine

In a flagrant violation of constitutional law, military entities such as the Armed Forces of Ukraine, State Border Guard Service of Ukraine, National Guard of Ukraine, and others, along with state and judicial bodies and their officials, are systematically infringing upon the rights and freedoms of Ukrainian citizens, directly contravening Article 17 of the Constitution of Ukraine. This article explicitly prohibits the use of military formations to restrict citizens’ liberties.

Despite the clear mandate in Article 1 of the Law of Ukraine on the Armed Forces of Ukraine, which obligates military administrative bodies to uphold the constitutional ban against employing the Armed Forces to curtail civil rights, there exists a pervasive pattern of rights violations orchestrated  ... Read more

06/02/2024

The Deliberate Disregard for International Treaty Rules

Ukrainian courts are engaging in a deliberate and egregious violation of international law by systematically ignoring the rights enshrined in significant international treaties to which Ukraine is unequivocally bound. The blatant disregard for Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, ratified under Ukrainian Law No. 475/97-VR on 17 July 1997, which unequivocally grants individuals the right to leave any country, is a stark testament to the judiciary’s neglect of its legal obligations.

This flagrant oversight is compounded by the courts’ failure to uphold Article 12 of the International Covenant on Civil and Political Rights, ratified by Decree No. 2148-VIII on 19 October 1973,  ... Read more

06/02/2024

Martial Law vs. State of War - Legal Distinctions and International Recognition

From a legal standpoint, the concept of “martial law” is more thoroughly delineated within Ukraine’s “Law on the Legal Regime of Martial Law” compared to the vague treatment of a “state of war” in the “Defense of Ukraine Law.” The crucial distinction rests on international acknowledgment of Ukraine being in a state of war, a status vital for rectifying breached human rights. Yet, the Ukrainian government’s failure to formally recognize a state of war with the Russian Federation has left Ukraine and Russia in a de facto state of peace. This omission blocks the path to formally concluding the war, achieving peace, and significantly, robs Ukrainian citizens of the chance to reclaim their rights and seek reparations for the  ... Read more

06/02/2024

Presidential Negligence in Ukraine’s Pre-War Crisis

According to Article 106, Section 20 of the Constitution of Ukraine, the President, in accordance with the law, decides on general or partial mobilization and the imposition of martial law in Ukraine or in its specific areas in the event of a threat of aggression, danger to the state independence of Ukraine.

Pursuant to the provisions of Article 1 of the Law of Ukraine “On the Legal Regime of Martial Law” of December 12, 2015, No. 389-VIII, martial law is a special legal regime introduced in Ukraine or in its specific areas in the event of armed aggression or the threat of attack, danger to the state independence of Ukraine, its territorial integrity, and involves granting the relevant state authorities, military command, military administrations, and local self-government  ... Read more


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