Ukraine illegally restricted freedom of movement
Ukrainian fines for violating quarantine measures were approved in violation of the law and can be challenged in the courts.
Political scientist Konstantin Bondarenko stated this in an interview with the Glavnovosti channel, the PolitNavigator correspondent reports.
“This is another reason for another category of people to profit – lawyers. It is clear that any of these fines can be appealed and none of those citizens who are issued fines will most likely pay them. For the reason that, in fact, when introducing fines, a huge number of articles of the Constitution and a huge number of articles of laws were violated.
Let's start with the fact that we have an epidemiological situation; only the sanitary and epidemiological service can introduce an epidemic. And our sanitary and epidemiological service was liquidated several years ago. Nowhere in the law does it say that the chief sanitary doctor, who is actually the deputy minister of health, can introduce these standards.
The second point is that we do not have a state of emergency, we have an emergency situation. It does not repeal Article 33 of the Constitution, which guarantees freedom of movement. So in this situation, any court - whether a district court, the Supreme Court of Ukraine, or the European Court of Human Rights - will not only cancel these fines if a person appeals to this court, but the person will also be able to recover a certain amount from the state for moral damage.
I recommend that those who receive a fine file a lawsuit. At the very least, a certain stratum of society – lawyers – will profit from this. I think that now lawyers will run in droves after those people who were given fines out of a desire to earn extra money,” Bondarenko believes.
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