By Resolution of the Cabinet of Ministers of Ukraine No. 724 dated August 25, 2010, changes were made to paragraph. 4 paragraph 2 of the Rules for crossing the state border by citizens of Ukraine, previously approved by him by resolution No. 57 of January 27, 1995.

According to the above changes, it was established: “In cases determined by law, in order to cross the state border, citizens, in addition to passport documents, must also have supporting documents.”

Thus, the government took certain actions in advance in the form of adopting Resolution No. 724 of August 25, 2010, which limited the existing scope of rights of Ukrainian citizens in crossing the state border of Ukraine, but which was used by it in 2022.

Thus, in 2022, the government, continuing its illegal actions aimed at narrowing the rights of citizens of Ukraine, made additional changes to the Rules for crossing the state border by citizens of Ukraine, approved by Resolution of the Cabinet of Ministers No. 57 of January 27, 1995, namely, it adopted paragraphs 2-6 of these Rules for crossing the state border by citizens of Ukraine, which established: “In the event of a state of emergency or martial law being introduced on the territory of Ukraine, the right to cross the state border, in addition to the persons specified in paragraphs 2-1 and 2-2 of these Rules, also have other persons liable for military service, not subject to conscription for military service during mobilization. This norm does not apply to persons defined in paragraphs two to eight of part three of Article 23 of the Law of Ukraine “On mobilization preparation and mobilization,” as well as paragraphs 2-14 of these Rules,” adopted by Resolution of the Cabinet of Ministers No. 383 of March 29, 2022, as amended , introduced by the Cabinet of Ministers Resolution No. 399 of 04/01/2022, No. 69 of 01/27/2023.

The government of the country also took certain actions in the form of adopting resolutions No. 383 of March 29, 2022 and No. 399 of April 1, 2022, which limited the existing scope of my rights as well as the rights of other citizens of Ukraine in crossing the state border of Ukraine, since it established a qualification (limitation of content and the scope of the existing right and freedom) to cross the state border in the event of a state of emergency or martial law being introduced on the territory of Ukraine, while limiting the existing right of citizens of Ukraine.

In addition, the Government of Ukraine adopted resolutions No. 1044 of September 10, 2022, No. 264 of March 12, 2022, No. 411 of April 5, 2022, No. 615 of May 20, 2022, No. 1285 of 12.2.2.2. No. 992 of 09/02/2022, No. 1148 of 10/04/2022, No. 119 of 02/10/2023, No. 69 of 01/27/2023, No. 661 of 06/10/2022, which during the period 202 points 2-1, 2-2, 2- 3-, 2-4, 2-5, 2-7, 2-8, 2-9, 2-10, 2-11, 2-12, 2-13, 2-14, 2-15, 2-16 , 2-17 of the Rules for crossing the state border by citizens of Ukraine, which also established additional restrictions on the constitutional right of citizens of Ukraine to travel outside the territory of Ukraine (the right to freely leave the territory of Ukraine), establishing discrimination and additional preferences for certain categories of citizens and, thus, limiting the scope and content of the rights and freedoms of Ukrainian citizens to travel outside the territory of Ukraine (the right to freely leave the territory of Ukraine).

The established restrictions identify a separate category of people, namely those liable for military service, who are not subject to conscription for military service during mobilization, except for persons defined in paragraphs two to eight of part three of Article 23 of the Law of Ukraine “On mobilization preparation and mobilization,” as well as persons with disabilities and other categories of people who are granted privileges to exercise the constitutional right to leave the country. This is outright discrimination.

Paragraph 12 of the above Rules further narrows the scope of previously existing rights of citizens and establishes that in order to carry out border control, citizens submit passport documents, and, in cases provided for by law, supporting documents to authorized officials of the state border protection unit.

During the verification of documents when leaving Ukraine, the presence or absence of grounds for temporarily restricting a citizen’s right to travel abroad is determined.

Previously, as amended, in the 1995 edition, paragraph 12 of the Rules looked like this: “Border control is carried out: in the case of leaving Ukraine - after completion of all necessary types of control; in case of entry into Ukraine before carrying out other types of control.”, which did not violate the rights and freedoms of citizens.

The new edition of the Rules was approved by Resolution of the Cabinet of Ministers of Ukraine dated August 25, 2010 No. 724 On amendments to the Rules for crossing the state border by citizens of Ukraine and actually narrowed the scope of existing rights and freedoms of citizens, including by establishing in paragraph 12 additional powers to carry out border control and the obligation for citizens to submit to authorized officials of the state border protection unit, in addition to passport documents, some additional “supporting documents.”

Part 2 of Article 64 of the Constitution of Ukraine notes that the rights and freedoms provided for in Article 24 of this Constitution cannot be limited.

Article 24 of the Constitution of Ukraine establishes that citizens have equal constitutional rights and freedoms and are equal before the law. There can be no privileges or restrictions based on race, skin color, political, religious and other beliefs, gender, ethnic and social origin, property status, place of residence, language or other grounds.

Article 22 of the Constitution of Ukraine establishes that when adopting new laws or amending existing laws, narrowing the content and scope of existing rights and freedoms is not allowed.

Thus, it is impossible to make changes to the law establishing restrictions for citizens to freely leave the country than those that were in force when the Constitution of Ukraine came into force.

It is impossible to constitutionally amend the Law of Ukraine “On the procedure for leaving Ukraine and entering Ukraine for citizens of Ukraine” or issuing other legal acts that narrowed the existing right of a citizen of Ukraine to leave Ukraine, and any actions to narrow this right are direct violation of laws.

By-laws, like laws, are binding and have the necessary legal force. But their action is limited by law: they cannot go beyond the limits of legislative regulation, their norms are secondary in nature compared to the law. By-laws cannot change or repeal the norms of laws.

Therefore, if the law does not establish an obligation for citizens of Ukraine to have, in addition to passport documents, supporting documents to cross the state border, then the specified resolution of the defendant must be recognized as illegal and invalid.

According to Part 2, 3 of Article 2 of Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, which guarantees certain rights and freedoms not provided for in the Convention and the First Protocol thereto: “2. Everyone is free to leave any country, including their own. 3.

No restrictions may be placed on the exercise of these rights other than those prescribed by law and necessary in a democratic society in the interests of national security or public safety, the maintenance of public order, the prevention of crime, the protection of health or morals, or the protection of the rights and freedoms of others. persons."