The Impact of Russian Aggression on Limitation of the Constitutional Right to Freedom of Movement in Ukraine

According to Article 33 of the Constitution of Ukraine, everyone who is legally staying in the territory of Ukraine is guaranteed freedom of movement, free choice of place of residence, and the right to freely leave the territory of Ukraine, with the exception of restrictions established by law. The consequence of Russian aggression was not only the departure of several million Ukrainian citizens abroad in search of salvation from hostilities. The consequence was that the Ukrainian state was faced with the challenge of introducing restrictions on a number of constitutional human rights. However, under the circumstances of a full-scale Russian-Ukrainian war, it turned out that theoretical considerations, the formulation of relevant concepts and principles of limiting the exercise of human rights “lag behind” the realities of war and require significant improvement. After all, the introduction of martial law in Ukraine significantly complicated the state’s ability to implement constitutionally guaranteed rights and freedoms. The consequence of such at times chaotically introduced legal restrictions was the narrowing of the content and scope of human and citizen rights and freedoms. At the same time, Article 22 of the Constitution of Ukraine establishes that human and citizen rights and freedoms affirmed by this Constitution are not exhaustive. Constitutional rights and freedoms are guaranteed and should not be abolished. The content and scope of existing rights and freedoms should not be diminished by the adoption of new laws or by the amendment of laws that are in force.