Constitutional Court Judges Discussed Limits of Human Rights Restrictions During Martial Law at International Forum

Judges of the Constitutional Court of Ukraine participated in the XIV International Judicial and Legal Forum held on June 4–5, 2026, in Kyiv. The forum included judges of the CCU Viktor Horodovenko, Oksana Hryshchuk, Oleh Pervomaiskyi, and Halyna Yurovska. This was reported by the CCU.

The forum brought together representatives of the judiciary, state institutions, the legal community, and experts for a professional discussion of key challenges facing the justice system under martial law. Participants focused on institutional development, access to justice, human rights protection, judicial efficiency, criminal justice, judicial protection of business, and enforcement of court decisions.

Constitutional Court judge Oleh Pervomaiskyi, in his speech, focused on the constitutional basis of procedural guarantees in criminal proceedings under martial law. He noted that modern challenges caused by war, the crisis of the international legal order, and threats to democracy, human rights, and fundamental values raise questions about the permissible limits of state interference in human rights and freedoms. According to him, the return of war to the global and European space is associated, among other things, with the loss of a sense of permissible limits and disregard for human dignity, creating a risk of replacing law with force.

"The Constitution of Ukraine remains the main guideline for assessing legislative restrictions and special procedural mechanisms introduced due to the armed aggression of the Russian Federation against Ukraine," the judge emphasized.

At the same time, the speaker noted that the emergence of new legal institutions in the field of criminal procedure, driven by the state's need to protect against aggression, should not lead to the application of coercive measures that contradict constitutional values and provisions. In this context, the judge highlighted the special role of constitutional control in ensuring a balance between the state's security needs and human rights guarantees.

The presumption of innocence in the practice of the Constitutional Court of Ukraine was emphasized in a report by Constitutional Court judge Viktor Horodovenko. He stressed that one of the unchanging legal guidelines for states based on democratic values is the presumption of innocence. According to him, this principle is an important constitutional guarantee of human rights protection and fair judicial procedure.

"In today's struggle, we are stronger precisely because we have values that people defend and for which they give their lives. At the core of these constitutional values is the presumption of innocence, which must remain unchanged," he added.

Viktor Horodovenko drew attention to the Decision of the Second Senate of the Constitutional Court of Ukraine No. 3-r(II)/2022 dated June 8, 2022, in which the Court formed a modern understanding of the presumption of innocence through its key features and constitutional-legal significance. He also emphasized the universal nature of the presumption of innocence, which increasingly manifests itself in various spheres of social life and is an integral part of the right to a fair trial. The judge noted that it is the duty of state bodies and their officials to unconditionally observe this principle.

Constitutional Court judge Halyna Yurovska presented a report titled "Legal Positions of the Constitutional Court of Ukraine Regarding the Role of the Supreme Court in Ensuring the Unity of Judicial Practice." She highlighted the decisions of the Constitutional Court of Ukraine that consistently emphasize the key role of the Supreme Court as the highest court in Ukraine's judicial system. In particular, it was noted that ensuring the unity and stability of judicial practice is a fundamental function of the Supreme Court that no other state authority can perform.

"The constitutional jurisdiction body emphasizes that the Supreme Court is not only the highest court in the judicial system but also the body that directs the activities of all courts in the system towards the uniform application of legal norms, given that its legal positions are binding for courts of all instances," the speaker stressed.

The judge noted that legal certainty, stability, and predictability of law enforcement are important conditions for trust in the judicial system.

The forum emphasized the importance of inter-institutional interaction and professional exchange to develop coordinated approaches to overcoming challenges faced by courts, judicial governance bodies, the legal community, and state institutions during wartime.

Addressing the issues raised during the event is necessary for further strengthening constitutional guarantees of human rights protection, improving the effectiveness of judicial protection, and ensuring the stable functioning of the judiciary.

photo: CCU

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