On Amendments to the Criminal Procedure Code of Ukraine Regarding the Selection
Posted: Tue Jun 17, 2025 10:32 am
In total, the analysis of the above provisions of the legislative acts in their relationship with the above-mentioned legal opinion of the Supreme Court indicates that from February 24, 2022 to the present, the list of limited rights and freedoms of a person and citizen is exhaustive and unchanged.
Therefore, the absence in the above-mentioned Decree of the President of Ukraine of reservations that it is permissible to restrict the rights and freedoms of man and citizen guaranteed by the provisions of Article 21, Parts One – Three of special database Article 22 of the Constitution of Ukraine imperatively indicates that the provisions, in particular, Part Three of Article 22 of the Constitution of Ukraine, are in force during the legal regime of martial law introduced in Ukraine.
Therefore, in accordance with the provisions of Part Three of Article 22 of the Constitution of Ukraine, it is not allowed with the adoption of the Law of Ukraine dated August 16, 2022 No. 2531-IX " of a Preventive Measure for Military Personnel Who Committed War Crimes During Martial Law", paragraph three of subparagraph two of paragraph one of which is resolved (quote):
" To make the following changes to the Criminal Procedure Code of Ukraine (Vidomosti Verkhovnoi Rada Ukrainy, 2013, No. 9-13, p. 88) : to supplement with part seven the following content : "7. During martial law, military personnel suspected or accused of committing crimes provided for in Articles 402-405 , 407 , 408 , 429 of the Criminal Code of Ukraine shall be subject exclusively to the preventive measure specified in paragraph 5 of part one of this article."
Therefore, the absence in the above-mentioned Decree of the President of Ukraine of reservations that it is permissible to restrict the rights and freedoms of man and citizen guaranteed by the provisions of Article 21, Parts One – Three of special database Article 22 of the Constitution of Ukraine imperatively indicates that the provisions, in particular, Part Three of Article 22 of the Constitution of Ukraine, are in force during the legal regime of martial law introduced in Ukraine.
Therefore, in accordance with the provisions of Part Three of Article 22 of the Constitution of Ukraine, it is not allowed with the adoption of the Law of Ukraine dated August 16, 2022 No. 2531-IX " of a Preventive Measure for Military Personnel Who Committed War Crimes During Martial Law", paragraph three of subparagraph two of paragraph one of which is resolved (quote):
" To make the following changes to the Criminal Procedure Code of Ukraine (Vidomosti Verkhovnoi Rada Ukrainy, 2013, No. 9-13, p. 88) : to supplement with part seven the following content : "7. During martial law, military personnel suspected or accused of committing crimes provided for in Articles 402-405 , 407 , 408 , 429 of the Criminal Code of Ukraine shall be subject exclusively to the preventive measure specified in paragraph 5 of part one of this article."