КОНСТИТУЦІЙНІСТЬ ОБМЕЖЕНЬ ПРАВ І СВОБОД ЛЮДИНИ В УМОВАХ КАРАНТИНУ

Abstract

The introduced quarantine measures in Ukraine because of coronavirus infection spreading are analyzed in the article. The procedure of quarantine introducing and restrictions of rights and freedoms are examined in its accordance with Constitution and laws of Ukraine.

In 2020 the world faced with the problem of overcoming the pandemic of coronavirus COVID-19. Ukraine did not leave aside. The introduced measures of Ukrainian Government concerning prevention and counteraction of virus spreading caused a great number of disputes in community. The most questions arose  concerning the introduced restrictions of rights and freedoms of physical and juridical persons and established new obligations.

The reason for taking up quarantine measures in Ukraine was the decision of World Health Organization taken on March, 11^th, 2020 about coronavirus pandemic. The state of emergency was not introduced in Ukraine. The Ukrainian authorities took the decision only to proclaim the regime of emergency and introduce the quarantine. According to the regulations of the Cabinet of Ministries of Ukraine dd. 11.03.2020 № 211, dd. 20.05.2020 № 392, dd 22.07.2020 № 641 the restrictions of constitutional human rights and freedoms, the restrictions of juridical persons rights were introduced and the new obligations were established. The new sanctions concerning bringing a person to an administrative and criminal account because of quarantine rules violation were imposed on the law level.

It is emphasized in the article on the legal difference between the state of emergency and the regime of emergency, which was introduced by the Ukrainian Government. These two legal regimes have different constitutional status: opposite to the state of emergency the regime of emergency is not determined in the Constitution of Ukraine as one that can be accompanied by the restrictions of human rights and freedoms! The attention was also focused on the fact that the reason for introducing of the regime of emergency was epidemic but not pandemic as was defined by WHO.

At the first view, the Government acted in accordance with its competence, but in fact exceeded its authority. According to the decision of the Constitutional Court of Ukraine dd. 28.08.2020 № 10-р/2020 the restrictions of constitutional human and citizen rights and freedoms can be introduced only by means of law – the document approved by Verhovna Rada of Ukraine only in cases determined by the Constitution of Ukraine.

The article has the arguments of nonobservance of the procedure of quarantine introducing by the Government.