Restrictions on the Right to Movement under the Conditions of Martial Law: The Ukrainian Practice

Abstract

The article is aimed at the analysis of the restriction of the right to movement in Ukraine, imposed at the end of February 2022 under martial law. Emphasis is put on the fact that freedom of movement is both a right and a guarantee, and even a prerequisite for the realization of other human rights. According to outlined criteria it becomes possible to limit human rights in general and the right to freedom of movement in particular. The issue of conflicts and gaps in Ukrainian legislation regarding the establishment of criteria for conscripts to cross the border, was investigated. The necessity of adopting or making changes to the existing legislation, which would regulate the categories of persons permitted to cross the border under martial law, is substantiated in detail.

Keywords: restriction of human rights, derogation, martial law, right to freedom of movement, conscripts