Introduction of quarantine measures in Ukraine must be considered from several aspects, however, the main task of the state is to protect people, so from a legal point of view is not assumed to be complex legal implications for the state.
The Minister of justice Denis Malyuska said in an interview with Radio Liberty on Saturday, June 6th.
“Regarding the legal side of the quarantine, that here there are probably three aspects, three of the angle at which it is assessed. The first is a procedure. There is a lot of discussion about whether there were observed completely legal procedure or not. The short answer – would give the court, we have a lot of complaints in the District administrative court, where these decisions are reviewed. The key point that you need to remember that any violation of procedural entails the illegality of the decision. This applies not only to acts of the Cabinet, but for corporate solutions, legal entities, other administrative acts. Only substantial procedural violations that have affected the essence of the act may result in the recognition of his illegal… We believe that serious violations were not in acceptance of any decisions of the Cabinet concerning the quarantine,” said Maluska.
However, he noted that the final decision in this matter will be taken by the court.
Relative to another aspect of the issue of the establishment of the quarantine act if the Cabinet is within the limits established by law, as emphasized Maluska “we were on the edge of power”.
“That’s exactly would be the illegality. A risky tactic, no stock, we did not leave. In our opinion, within the powers,” said Maluska.
The third aspect relates to the balance of the decisions that the Cabinet took on the introduction of quarantine measures.
“This is usually what is measured not so much in Ukrainian and international courts, e.g. European court of human rights. There is really an estimate of how balanced was the approach of the regulator, because the right is limited and whether it was comparable with those dangers, avoid them such restrictions on human rights. In our opinion, the balance we have met, because we applied, in principle, the same approaches that were applied in most countries of Western Europe,” said Maluska.
At the same time he added that if the court decides that the Constitution was violated when entering in the country of quarantine is likely the state will incur losses, but the task of the state is to care about life, human health, and in fact it was the essence of the normative act of the government, which introduced quarantine restrictions.
“The goal was to protect the people. And it has largely, if you look at the figures of morbidity, mortality… I don’t see particularly difficult consequences from a legal point of view, from the point of view of damages in the result of the assessment of the actions of the Cabinet of Ministers. They were on the verge of legality, but within the law,” – said the Minister of justice.
As reported, the government on 12 March in Ukraine has introduced a quarantine to combat the spread of coronavirus infection COVID-19. In particular was suspended?? the work of a metro in Kiev, Kharkov and Dnipro, traffic in towns, discontinued intercity and interregional road, rail and air transportation. March 28, Ukraine has closed the border for regular communication, including for air travel.
On 24 April the Prime Minister of Ukraine Denis Shmyhal unveiled a plan to release from quarantine in Ukraine, which consists of 5 stages. The first weakening of quarantine in Ukraine started on may 11. From may 22 began the second phase of the easing of quarantine measures. Also, the Cabinet of Ministers introduced an adaptive quarantine until June 22.