CCU prohibits Cabinet from independently establishing restrictions on constitutional rights during epidemics

The Constitutional Court of Ukraine declared unconstitutional a provision that allowed the Cabinet of Ministers to independently establish temporary restrictions on the rights of individuals and legal entities in a decision on the introduction of quarantine.

The Grand Chamber of the CCU adopted the relevant decision No. 4-r/2026 on September 29, based on a constitutional submission by the Ukrainian Parliament Commissioner for Human Rights.

The court examined a specific provision of part four of Article 29 of the law "On protecting the population from infectious diseases". This provision stipulated that a government resolution on the establishment of quarantine could provide for temporary restrictions on the rights of individuals and legal entities, and additional obligations for them.

The CCU concluded that the government cannot, at its own discretion, determine new restrictions on constitutional rights. The grounds, legitimate aim, scope, and manner of such restrictions must be defined by the Constitution and laws of Ukraine. Instead, the Cabinet may specify the procedure for implementing restrictions already established by law.

Thus, the ruling does not mean the abolition of the quarantine mechanism itself or a ban on the state introducing anti-epidemic measures. The law continues to provide that quarantine is established and lifted by the Cabinet of Ministers at the request of the chief state sanitary doctor of Ukraine. The case is precisely about the limits of the government's powers regarding restrictions on constitutional rights.

The case was initiated by the Ombudsman. In his constitutional submission, he noted that the law allowed the establishment of temporary restrictions, but did not clearly define which specific rights may be restricted and for what period. In the Commissioner's view, such a construction did not comply with constitutional human rights guarantees.

The Constitutional Court emphasized that when there are doubts about the powers of state bodies in matters of restricting rights, they should be interpreted in favor of protecting those rights. Restrictions must have a legislative basis, and the executive branch cannot independently expand their list.

The provision declared unconstitutional ceased to be in force on September 29, 2026 — the day the CCU adopted its decision. This means that for new restrictions on rights during future epidemics or quarantines, the parliament must establish their main parameters directly by law.

According to materials: Constitutional Court of Ukraine, Law of Ukraine "On Protecting the Population from Infectious Diseases"