On the Introduction of Martial Law in Ukraine
Posted: Tue Jun 17, 2025 10:32 am
CONCLUSION: The interpretation of part two of Article 278 of the Civil Code of Ukraine shows that in order to protect personal non-property rights, the legislator allows the use of various methods of protection. In the case of dissemination of information on the Internet that violates a person's personal non-property rights, the requirement to remove the article from the Internet is an appropriate method of protection .
The Supreme Court came to a similar conclusion in its resolution dated 06/13/2023 in case No. special database 560/8064/22, which stated that martial law in Ukraine was introduced by Decree of the President of Ukraine dated 02/24/2022 No. 64/2022 “”, approved by the Law dated 02/24/2022 No. 2102-IX, paragraph 3 of which determines that in connection with the introduction of martial law in Ukraine, for the period of validity of the legal regime of martial law, the constitutional rights and freedoms of a person and a citizen provided for in Articles 30-34, 38, 39, 41-44, 53 of the Constitution of Ukraine may be temporarily restricted, as well as temporary restrictions on the rights and legitimate interests of legal entities may be introduced within the limits and scope necessary to ensure the possibility of introducing and implementing measures of the legal regime. martial law, which are provided for in Part One of Article 8 of Law No. 389-VIII.
Subsequent Decrees of the President of Ukraine, which extended the term of martial law in Ukraine, did not change the list of constitutional rights and freedoms of man and citizen that may be restricted under martial law, which excludes the possibility of an expanded interpretation of the list of such restrictions by any state authority.
The Supreme Court came to a similar conclusion in its resolution dated 06/13/2023 in case No. special database 560/8064/22, which stated that martial law in Ukraine was introduced by Decree of the President of Ukraine dated 02/24/2022 No. 64/2022 “”, approved by the Law dated 02/24/2022 No. 2102-IX, paragraph 3 of which determines that in connection with the introduction of martial law in Ukraine, for the period of validity of the legal regime of martial law, the constitutional rights and freedoms of a person and a citizen provided for in Articles 30-34, 38, 39, 41-44, 53 of the Constitution of Ukraine may be temporarily restricted, as well as temporary restrictions on the rights and legitimate interests of legal entities may be introduced within the limits and scope necessary to ensure the possibility of introducing and implementing measures of the legal regime. martial law, which are provided for in Part One of Article 8 of Law No. 389-VIII.
Subsequent Decrees of the President of Ukraine, which extended the term of martial law in Ukraine, did not change the list of constitutional rights and freedoms of man and citizen that may be restricted under martial law, which excludes the possibility of an expanded interpretation of the list of such restrictions by any state authority.