Quarantine restrictions appealed to Constitutional Court



Quarantine restrictions appealed to Constitutional Court

Quarantine restrictions appealed to Constitutional Court

06.06.2020 21:13


The Constitutional Court received the constitutional communication from the Supreme Court regarding the constitutionality of quarantine restrictions.

This is reported by the court press service.

“Today, June 4, 2020, the Constitutional Court of Ukraine received the constitutional communication from the Supreme Court on the constitutionality of quarantine restrictions stipulated by the provisions of certain regulatory acts adopted by the Cabinet of Ministers of Ukraine and the Verkhovna Rada, “the statement said.

The plenum of the armed forces decided on May 29 to appeal to the Constitutional Court.

“The anti-epidemic measures envisaged by the government concerning self-isolation restrict the human right to freedom of movement. In addition, restrictions on the activities of air carriers and the closure of border crossings directly contradict the guarantees This violates the right of individuals to freely leave the territory of Ukraine, which can only be limited by law and not Furthermore, by the decision of the executive, it is impossible to establish restrictions on the right of citizens at a peaceful rally, “said the Supreme Court.

The Supreme Council considers that, in accordance with the Constitution, citizens have equal constitutional rights and freedoms and are equal before the law. However, government provisions on self-isolation for people over the age of 60, as well as the permission of some companies to work, while others do not, contradict these guarantees.

In addition, as indicated in the communication from the plenum of the armed forces, Cabinet acts restrict other constitutional rights which are only possible in a state of emergency or martial law: the right to entrepreneurial activity and access to medical care.

The Armed Forces indicate that the analysis of certain provisions of resolution No. 392 of the Council of Ministers of May 20, 2020 “on the establishment of quarantine to prevent the spread of acute respiratory diseases COVID-19 caused by the coronavirus SARS-CoV-2 in Ukraine and the mitigation of anti-epidemic measures “, The procedure for implementing anti-epidemic measures linked to self-isolation, approved by the Cabinet of Ministers of Ukraine on May 20, 2020 No. 392, and the Cabinet of Ministers of March 14, 2020 No. 287-r “On the temporary restriction of crossing the national border to prevent the spread of acute respiratory diseases in Ukraine COVID-19 caused by the coronavirus SARS-CoV -2 “, as well as certain norms of the Ukrainian law of April 13, 2020 No. 553-IX” on the amendments to the Ukrainian law “on the budget of Ukraine for 2020” allow us to conclude that they are the essence and practical implementation does are not in accordance with the Constitution.

The Armed Forces consider that Law No. 553-IX amended article 25 of the Budget Code and established that temporarily, from the date of entry into force of this law until January 1, 2021, the standards of part 1 of article 25 of this Code. This part provides that the Treasury will proceed to the undisputed cancellation of the state budget and local budgets on the basis of a court decision. The adoption of these changes will result in non-compliance with court decisions, which contradicts the provisions of article 129-1 of the Constitution, according to which a court decision is binding, noted the Supreme Court.

However, according to the plenum of the armed forces, Law No. 553-IX, which, until the end of the quarantine, is limited to wages and cash benefits for employees, civil servants and officials of budgetary institutions, as well as deputies, judges, prosecutors and other persons whose remuneration is governed by special laws, a disproportionate interference in the property rights of these persons has been committed.

An analysis of the information contained in the Unified State Register of the declarations of the persons authorized to exercise the functions of state government or local self-government indicates that this restriction will affect only 1% of effectively active civil servants. At the same time, analysis of the special legislation which determines the level of remuneration, in particular for members of the CMU, people’s deputies and prosecutors, shows that most employees of budgetary institutions and public authorities do not do not suffer negative consequences in terms of material security in connection with the adoption of Law No. 553 -IX.

Consequently, according to the Supreme Court, this law resulted in a disproportionate reduction in the remuneration of judges compared to the material support of other employees of budgetary institutions, which, in turn, violates the principles of independence of judges.

The plenum of the armed forces asked the CCU to recognize the urgency of the procedure concerning this communication and to examine it within a period not exceeding one calendar month.

Read also: The Council of Ministers published a decree on the weakening of quarantine from June 5

According to Ukrinform, the Verkhovna Rada at an extraordinary meeting on April 13 adopted the law “On Amendments to the Law of Ukraine” on the State Budget of Ukraine for 2020 “(Bill 3279- d), which proposes to reduce revenues by 119, 750 billion UAH and spending – increase by 82.4 billion UAH.

The state budget also stipulates that as of April 1, the salary of all civil servants in the country, including members of the supervisory boards of state-owned enterprises, will not exceed UA 47,000.

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