Male travel ban: legal regulation in Ukraine and international standards

Abstract

The article discusses the issue of legal regulation in Ukraine of the ban on travel abroad. Russia’s military aggression against Ukraine made it difficult for the state to guarantee the rights of citizens and forced them to be partially limited. Since the introduction of martial law in Ukraine, men of conscription age have been prohibited from traveling abroad. The Constitution of Ukraine established the standards of the rule of law in this situation, which provide that the restrictions on the rights of a person and a citizen in the state are temporary and minimally necessary, and a specific list of rights cannot be violated under any circumstances. The final decision on the declaration of martial law is made by the Parliament. These norms of the Constitution of Ukraine correspond to the norms in the Universal Declaration of Human Rights.Analysis of court practice shows that plaintiffs often appeal against the decisions of officials of the State Border Service of Ukraine forbidding them to cross the state border, referring to their right to cross the said border because they have been granted a deferment from conscription for military service.National courts adhere to the position that the primary legitimate source of restrictions on the rights and freedoms of a person and a citizen during the period of martial law is the Constitution of Ukraine and the Decree of the President of Ukraine on the introduction of martial law. At the same time, adopting the relevant Decree and determining the content and scope of rights subject to restriction, the President of Ukraine is guided by the goal of introducing and implementing the necessary measures aimed primarily at ensuring the defence of the State. When establishing restrictions, the President of Ukraine takes into account the norms of Art. 64 of the Constitution of Ukraine, which provides a list of rights and freedoms that are not subject to restriction. At the same time, due to the circumstances in which the decision to introduce martial law is made, the mechanisms and procedures for implementing restrictions on rights cannot be fully normalized.