Ukraine's Constitutional Court strikes down govt's power to limit rights during epidemics

The Constitutional Court of Ukraine (CCU) has ruled that a provision in the law on protecting the population from infectious diseases is unconstitutional. This provision allowed the Cabinet of Ministers to independently establish temporary restrictions on individuals' and legal entities' rights and freedoms during infectious disease outbreaks.

The court's decision came after reviewing a constitutional petition by the Ukrainian Parliament Commissioner for Human Rights in September. The CCU's ruling states that the provision in question is incompatible with the Constitution of Ukraine because it allows the Cabinet to restrict constitutional rights and freedoms without proper legislative regulation.

The court emphasized that any doubts about state authorities' powers in restricting rights and freedoms must prioritize protecting those rights, ensuring they can only be limited by law. The CCU also noted that the Cabinet of Ministers can regulate temporary restrictions on constitutional rights and freedoms through normative acts, provided the Constitution and laws of Ukraine define the grounds, purpose, scope, and method of these restrictions.