The Ministry of Justice of Ukraine has submitted a statement to the Council of Europe on a partial temporary withdrawal from compliance with the European Convention on the Protection of Human Rights and Freedoms.
Ukraine has suspended the protection of rights under the conventions of the Council of Europe
Thus, according to the document published on the Council of Europe website, Ukraine's military leadership has the right to restrict the free’ freedom of movement, inspect the property, and forcibly confiscate property for the state's needs.
In fulfillment of Art. 3 of the presidential decree in connection with the introduction of martial law in Ukraine, the constitutional rights and freedoms of a person and a citizen, provided for in Articles 30-34, 38, 39, 41-44, 53 of the Constitution of Ukraine, may be temporarily limited during the period of martial law, — reads in the document.
In particular, during the period of martial law, the following legal measures may be implemented:
forcibly expropriate property for state needs;
imposing a curfew;
set a special mode of entry and exit the state,
introduce a ban on peaceful gatherings and meetings.
In addition, it is allowed to inspect things, vehicles, baggage and cargo, office premises and citizens' housing, except for the established procedure, with the exception of the restrictions established by the Constitution of Ukraine.
Ukraine may also prohibit or limit the choice of the place of stay or place of residence of persons in the territory where martial law has been imposed.
As you know, Ukraine, as a member state of the Council of Europe, must comply with the norms regarding the observance of human rights provided by the Convention. In case of their violation, organisations can file a lawsuit against Ukraine at the European Court of Human Rights (ECHR) in Strasbourg. However, the ECHR gives member states the right to declare a reasoned deviation from fulfilling certain obligations due to exceptional circumstances, including military aggression.
Martial law in Ukraine
Ukraine has been under martial law since February 24, 2022, which has been extended several times.
The last time this happened was on February 14, 2024, when the Verkhovna Rada voted to extend martial law for 90 days, until May 13, 2024.
Martial law is a special legal regime introduced in a country in response to an external threat or aggression. Its purpose is to ensure the safety of citizens and the state, protect the sovereignty and territorial integrity of the country, and repel aggression.
