{"id":620789,"date":"2026-09-30T19:51:17","date_gmt":"2026-09-30T16:51:17","guid":{"rendered":"https:\/\/korabelov.info\/2026\/09\/620789\/the-constitutional-court-of-ukraine-annulled-the-provision-that-allowed-the-cabinet-of-ministers-to-independently-restrict-rights-during-epidemics\/"},"modified":"2026-09-30T19:51:21","modified_gmt":"2026-09-30T16:51:21","slug":"the-constitutional-court-of-ukraine-annulled-the-provision-that-allowed-the-cabinet-of-ministers-to-independently-restrict-rights-during-epidemics","status":"publish","type":"post","link":"https:\/\/korabelov.info\/en\/2026\/09\/620789\/the-constitutional-court-of-ukraine-annulled-the-provision-that-allowed-the-cabinet-of-ministers-to-independently-restrict-rights-during-epidemics\/","title":{"rendered":"The Constitutional Court of Ukraine annulled the provision that allowed the Cabinet of Ministers to independently restrict rights during epidemics"},"content":{"rendered":"

Constitutional Court of Ukraine<\/strong> declared unconstitutional the provision that allowed the Cabinet of Ministers<\/strong> to independently establish temporary restrictions on the rights of natural and legal persons during the spread of infectious diseases. The Grand Chamber of the CCU<\/strong> adopted decision No. 4-r\/2026<\/strong> on 29 September 2026<\/strong> \u2014 from that day the contested provision lost force.<\/p>\n

The case was considered on the constitutional submission of the Commissioner of the Verkhovna Rada of Ukraine for Human Rights<\/strong>. The subject of the review was a specific provision of part four of Article 29<\/strong> of the law \u201cOn the Protection of the Population from Infectious Diseases\u201d<\/strong>, which provided for the establishment of temporary restrictions on the rights of natural and legal persons.<\/p>\n

According to the court, this provision gave the government the opportunity to, at its own discretion, restrict constitutional rights and freedoms in the context of the spread of infectious diseases dangerous to life and health. Instead, the grounds and conditions for such restrictions should be directly defined by law by the Verkhovna Rada of Ukraine<\/strong>. The court found that transferring these powers to the government contradicted the Constitution of Ukraine<\/strong>.<\/p>\n

In its decision the court explained the principle of protecting rights as follows:<\/p>\n

\n

\u201cPublic authorities must interpret any doubts about their powers to restrict rights and freedoms from the standpoint of protecting those rights and freedoms, which includes guaranteeing that restrictions are imposed only on the basis of law.\u201d<\/p>\n<\/blockquote>\n

At the same time, the decision does not deprive the Cabinet of Ministers<\/strong> of the ability to regulate the application of temporary restrictions. The government may detail the procedure for their implementation if the Constitution<\/strong> and the laws of the Ukraine<\/strong> already define:<\/p>\n