Ruling from Ukraine’s Constitutional Court
On September 29, 2026, the Grand Chamber of Ukraine’s Constitutional Court issued Decision No. 4-р/2026, declaring a specific provision of Article 29, Part Four, of the Law "On the Protection of the Population from Infectious Diseases" unconstitutional. The Court ruled that the Cabinet of Ministers’ authority to impose temporary restrictions on constitutional rights and freedoms amid infectious disease outbreaks contradicts the Ukrainian Constitution. This judgment took immediate effect upon issuance, with the full text scheduled for publication on September 30, 2026.
The ruling originated from a constitutional petition filed by the Verkhovna Rada’s Commissioner for Human Rights. Judge Viktor Horodovenko served as the rapporteur in the case. The Court emphasized that
“whenever public authorities face uncertainty regarding their powers to limit rights and freedoms, they must interpret such powers in a manner that prioritizes protecting those rights and freedoms, allowing restrictions only when explicitly authorized by law.”
Significance of the Verdict
This decision marks a crucial advancement in safeguarding citizens’ rights and freedoms, affirming that any limitations must strictly align with constitutional provisions. Declaring this clause unconstitutional could significantly influence how government agencies manage public health emergencies, ensuring that responses to infectious disease threats remain within constitutional boundaries. The ruling highlights the necessity of upholding constitutional standards even during crises, potentially shaping future policies on public health regulation in Ukraine.
For international observers, this ruling underscores Ukraine’s commitment to balancing public health measures with the protection of fundamental human rights, a challenge faced globally in managing epidemics.