The Supreme Court considers quarantine restrictions imposed by the Cabinet of Ministers to be contrary to the Constitution
Expressing general support for actions to prevent the spread of the disease, the Plenum of the Supreme Court, however, in its appeal to the Constitutional Court of Ukraine dated May 29, 2020. insists on inconsistency with the Constitution of certain provisions of the Decree of the Cabinet of Ministers No. 392 of May 20 and the Law on the State Budget for 2020
APU Plenum considers
The Plenum of the Armed Forces of Ukraine believes that the implementation of anti-epidemiological measures related to the so-called “self-isolation” directly restricts the constitutionally guaranteed right of citizens to freedom of movement.
In the same way, the Plenum considers the restrictions on the work of air carriers and the closure of checkpoints on the state border to be provisions that are contrary to the Constitution. The position of the Armed Forces of Ukraine is based on the constitutional principle that the freedom of citizens to travel outside Ukraine can be limited solely by the Law of Ukraine, but not by acts of the Government.
The Plenum of the Armed Forces of Ukraine insists on contradiction to the principles of equality before the law of the provisions of the Decree of the Cabinet of Ministers of Ukraine, which prescribe the “self-isolation” regime for people over 60, as well as permission to carry out economic activities of one group of business entities, with a ban on such for other business groups.
The Armed Forces of Ukraine emphasize that a ban on holding peaceful assemblies is possible only by a court decision in the interests of national security, but not by a decree of the Cabinet of Ministers.
According to the Plenum, the temporary restriction on the indisputable write-off of local and state budget funds is also contrary to the Constitution, since it leads to non-execution of court decisions.
The Plenum of the Supreme Court asks the Constitutional Court to immediately open proceedings on this submission and consider it within a month.
It should be noted that the Plenum of the Supreme Court outlined the position that the local courts also adhered to when making decisions regarding bringing to administrative responsibility for violating quarantine rules. Recall that earlier the specialists of the Legal Agency “AKTIV” an analysis of the judicial practice of considering this case categories.
© Legal agency “AKTIV”, 2020.
