Martial law, rights and duties: the court explained what you need to know about the Constitution of Ukraine
On June 28, Ukraine will celebrate the 30th anniversary of the adoption of the Constitution — the main law of the state, which defines the rights and freedoms of citizens, as well as the principles of government functioning.
Despite this, there are still many widespread myths surrounding the Constitution. On the eve of the holiday, Berdychiv City District Court debunked the five most popular misconceptions about the Basic Law.
Myth 1. "The Constitution is just general slogans, it cannot be cited in a court claim"
Reality from the court:
The norms of the Constitution are norms of direct effect (Art. 8). Courts make decisions daily based directly on the Basic Law. If a law or government decree contradicts the Constitution, the court applies the Constitution of Ukraine. You have the full right to substantiate your claim with articles of this document.
Myth 2. "During martial law, the Constitution is 'put on pause'"
Reality from the court:
The Constitution always applies. Indeed, Article 64 allows temporary restriction of certain rights (for example, freedom of movement or holding rallies) under martial law conditions. However, the court defends rights that cannot be restricted under any circumstances: the right to life, respect for dignity, freedom and personal inviolability, as well as the right to judicial protection (Art. 55).
Myth 3. "I only have rights, and duties in the Constitution are a formality"
Reality from the court:
In the Constitution, rights and duties are inseparably linked. Judicial practice proves: failure to fulfill constitutional duties entails real responsibility. Among the main duties are: defense of the Fatherland (Art. 65), payment of taxes (Art. 67), and strict compliance with laws. The court protects your rights but demands respect for the rights of others and the state.
Myth 4. "I can ignore a court decision if I believe it violates my constitutional rights"
Reality from the court:
Article 129-1 of the Constitution clearly states: a court decision is mandatory for execution. If you disagree with the verdict, the Basic Law guarantees you the right to appeal and cassation. However, willful ignoring of a court decision is an offense that entails criminal or administrative liability.
Myth 5. "If my constitutional rights are violated, I can immediately apply to the Constitutional Court"
Reality from the court:
Ordinary civil, criminal, or administrative cases are considered by general courts like ours. The Constitutional Court of Ukraine does not resolve private disputes. A citizen can apply there with a "constitutional complaint" only in one case: if they believe that the law applied in their final court decision contradicts the Constitution. First, the case must be reviewed by an "ordinary" court.
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