The Restriction of Human Rights in a Pandemic Crisis: the Case of Ukrainian Legislation

Abstract

The presented paper is aimed at substantiating the formal and legal grounds for the introduction of restrictions on human rights in the battle against the spread of COVID-19 in Ukraine. The analysis of restrictive measures introduced by the Government of Ukraine is conducted by the author on the basis of their interpretation and comparison of Ukrainian legislative acts that define the legal regimes of quarantine, an emergency situation and a state of emergency. The author analyzes the problematic legislative provisions that formed the basis for the introduction of quarantine measures and an emergency situation in Ukraine and established restrictions on the implementation of a number of the constitutional rights of citizens. The article substantiates the conclusion on the constitutionality and legality of restrictions on human rights under a state of emergency, which was not introduced in Ukraine.