Ukraine has submitted to the Council of Europe's secretariat an updated list of exceptions to its obligations regarding the rights of its citizens. The published document caused a storm of hate. Find out whether Ukraine has suspended the protection of the right to property and free elections under the Council of Europe conventions and what the published document means

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Ukraine has notified the Council of Europe Secretariat of changes to the list of exceptions to its obligations under the Council of Europe's documents, including the European Convention on Human Rights and Fundamental Freedoms (ECHR). The relevant document was published on the Council of Europe's website. However, the information about the alleged restriction or abolition of the rights to property and to fair elections, which has begun to spread online, is false. This was emphasized by the Minister of Justice of Ukraine Denys Malyuska in his post on Facebook.

What kind of document was sent to the Council of Europe?

According to Malyuska, the document sent is “not a know-how - all countries at war do this (except russia, of course, whose human rights record is always bad)” and the first notification of the possibility of applying restrictions on certain rights was sent back in 2022, almost immediately after the introduction of martial law. However, in general, such notifications have been sent since 2015, when russian aggression in Ukraine began.

At the same time, the media began to actively talk about the fact that Ukraine had allegedly suspended the protection of the right to property and free elections under Council of Europe conventions. However, as stated in the document itself, and as emphasized by Denys Maliuska, on the contrary, on April 4 this year, Ukraine clarified the list of existing restrictions and reduced it, renewing its obligations to obtain certain human rights. In particular, the obligations regarding discrimination, restrictions on political activity of foreigners, the right to compensation, freedom of conscience and some aspects of forced labor were previously restricted. 

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What rights are restricted according to the published document?

The report states that during martial law (war), Ukraine suspends compliance with certain articles of the Convention. In particular, it refers to Articles 12, 17, 19, 21, 25 of the International Covenant on Civil and Political Rights and Articles 8, 10 and 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Thus, the military command of the country may implement measures of the martial law regime, in particular:

– carry out expropriation of private or municipal property for the needs of the state under martial law in accordance with the procedure established by law and issue relevant documents;

– to introduce curfews (prohibition of staying on the streets and in other public places at certain times without specially issued passes and certificates) in accordance with the established procedure;

– establish a special regime of entry and exit, restrict the freedom of movement of citizens, foreigners and stateless persons;

– to conduct, in accordance with the established procedure, an inspection of belongings, vehicles, luggage and cargo, office premises and housing of citizens, with the exception of restrictions established by the Constitution of Ukraine;

– prohibit peaceful gatherings, rallies, marches, demonstrations and other mass events;

– impose a ban or restrictions on the choice of place of stay or place of residence of persons in the territory where martial law has been introduced;

– to prohibit citizens registered in the military or special registry to change their place of residence (place of stay) without a corresponding permit;

– establish military housing obligation for individuals and legal entities.

We remind you! The first days of May will bring significant changes to Ukrainians that will affect various areas of their lives. The first change is the introduction of a new law on mobilization, which will bring significant changes to the system of conscription and service of persons liable for military service. Read more about what else will change in our previous article.