НОРМАТИВНО-ПРАВОВЕ РЕГУЛЮВАННЯ ОБМЕЖЕННЯ ПРАВА НА СВОБОДУ ПЕРЕСУВАННЯ В УМОВАХ ВОЄННОГО СТАНУ

The article examines the regulatory framework governing restrictions on freedom of movement under martial law. It highlights the features of international legal and constitutional regulation of the human right to freedom of movement and defines the content of this right. The purpose and grounds for restricting the right to freedom of movement of individuals are determined. The essence and legal basis of the martial law regime are considered. Special attention is given to the procedures and grounds for imposing the legal regime of martial law in Ukraine. It is noted that the state of regulatory control over the restrictions on the freedom of movement of Ukrainian citizens during martial law is clearly unsatisfactory, as these restrictions significantly interfere with the realm of constitutional rights and freedoms of individuals. The existence of a legitimate aim for the introduced measures requires, as a priority, amendments to existing laws to clearly define the respective restrictions for military personnel leaving the country, taking into account the principle of proportionality. As a result of analyzing the laws of Ukraine, decisions of the Constitutional Court of Ukraine, the Supreme Court, and subordinate acts, the main issues of regulatory control over the crossing of the state border by male Ukrainian citizens aged eighteen to sixty were identified. It is noted that the right to freely leave the territory of Ukraine may be restricted during martial law but strictly in accordance with legal norms. It is emphasized that the absence of a current law that would provide restrictions for male Ukrainian citizens aged eighteen to sixty from crossing Ukraine's state border is a deficiency of national legislation. This situation violates the principle of legal certainty and constitutional norms regarding the possibility and mechanism of such restrictions, which the legislature failed to address within three years of the martial law regime in Ukraine. It is concluded that, for an appropriate legal regulation of the restriction on men aged 18– 60 traveling abroad, it is advisable to make relevant amendments to the Law of Ukraine "On the Procedure for Leaving Ukraine and Entering Ukraine by Ukrainian Citizens." Keywords: purpose of restricting rights and freedoms of citizens, grounds for limiting human rights, crossing the state border, prohibition of freely leaving Ukraine's territory, legislation on crossing Ukraine’s state border.

Authors

Publication Details

Journal
Visnyk of the Lviv University Series Law
Published
2025-06-20
DOI
https://doi.org/10.30970/vla.2025.80.212
Primary Topic
War, Law, and Justice
Type
article
Field-Weighted Citation Impact
0.00
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article

НОРМАТИВНО-ПРАВОВЕ РЕГУЛЮВАННЯ ОБМЕЖЕННЯ ПРАВА НА СВОБОДУ ПЕРЕСУВАННЯ В УМОВАХ ВОЄННОГО СТАНУ

Maksym Dzikovskyi, Anastasiia Herych
Visnyk of the Lviv University Series Law
War, Law, and Justice
article

НОРМАТИВНО-ПРАВОВЕ РЕГУЛЮВАННЯ ОБМЕЖЕННЯ ПРАВА НА СВОБОДУ ПЕРЕСУВАННЯ В УМОВАХ ВОЄННОГО СТАНУ

Maksym Dzikovskyi, Anastasiia Herych
article en

Abstract

The article examines the regulatory framework governing restrictions on freedom of movement under martial law. It highlights the features of international legal and constitutional regulation of the human right to freedom of movement and defines the content of this right. The purpose and grounds for restricting the right to freedom of movement of individuals are determined. The essence and legal basis of the martial law regime are considered. Special attention is given to the procedures and grounds for imposing the legal regime of martial law in Ukraine. It is noted that the state of regulatory control over the restrictions on the freedom of movement of Ukrainian citizens during martial law is clearly unsatisfactory, as these restrictions significantly interfere with the realm of constitutional rights and freedoms of individuals. The existence of a legitimate aim for the introduced measures requires, as a priority, amendments to existing laws to clearly define the respective restrictions for military personnel leaving the country, taking into account the principle of proportionality. As a result of analyzing the laws of Ukraine, decisions of the Constitutional Court of Ukraine, the Supreme Court, and subordinate acts, the main issues of regulatory control over the crossing of the state border by male Ukrainian citizens aged eighteen to sixty were identified. It is noted that the right to freely leave the territory of Ukraine may be restricted during martial law but strictly in accordance with legal norms. It is emphasized that the absence of a current law that would provide restrictions for male Ukrainian citizens aged eighteen to sixty from crossing Ukraine's state border is a deficiency of national legislation. This situation violates the principle of legal certainty and constitutional norms regarding the possibility and mechanism of such restrictions, which the legislature failed to address within three years of the martial law regime in Ukraine. It is concluded that, for an appropriate legal regulation of the restriction on men aged 18– 60 traveling abroad, it is advisable to make relevant amendments to the Law of Ukraine "On the Procedure for Leaving Ukraine and Entering Ukraine by Ukrainian Citizens." Keywords: purpose of restricting rights and freedoms of citizens, grounds for limiting human rights, crossing the state border, prohibition of freely leaving Ukraine's territory, legislation on crossing Ukraine’s state border.

Visnyk of the Lviv University Series Law(80)
Openalex Percentile: Top 79%
War, Law, and Justice
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