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 8 of Law 389, which confine military authority to specific measures such as establishing special entry and exit regimes within Ukraine, as detailed by the Cabinet of Ministers of Ukraine No. 1455 resolution dated December 29, 2021.

This unauthorized assertion of power by the military at border crossings is a clear infringement of the Law of Ukraine “On the Procedure for Exit from Ukraine and Entry into Ukraine of Ukrainian Citizens,” and represents a direct assault on the fundamental rights of individuals. Furthermore, Article 6 of Law 389 unequivocally mandates that any restrictions on constitutional rights due to martial law must be explicitly enumerated in the President’s decree, a requirement grossly ignored in these instances.

The military and police’s arbitrary confiscation of vehicles from citizens and businesses, without due legal process or subsequent accountability, is a stark violation of property rights and rule of law principles. The absence of state-led efforts to locate this confiscated property or compensate the aggrieved parties highlights a disturbing disregard for legal norms and the well-being of Ukrainian citizens.

These actions by the military command not only exceed their legal mandates but also erode the very foundations of justice and democratic governance, betraying the trust of the Ukrainian populace and undermining the integrity of the state’s commitment to uphold the rule of law and protect citizens’ rights and freedoms.



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