Reference: C.N.142.2024.TREATIES-IV.4 (Depositary Notification

Reference: C.N.142.2024.TREATIES-IV.4 (Depositary Notification)

INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

NEW YORK, 16 DECEMBER 1966

UKRAINE: NOTIFICATION UNDER ARTICLE 4 (3)

The Secretary-General of the United Nations, acting in his capacity as depositary,

communicates the following:

The above action was effected on 17 April 2024.

(Original: English)

“N° 4132/28-194/501-53129

The Permanent Mission of Ukraine to the United Nations presents its compliments to the

Secretary-General of the United Nations and, with reference to its previous communications

No. 4132/28-110-17626 of 28 February 2022 and No. 4132/28-194/501-533 of 2 January 2024 has the

honour to enclose herewith a further communication on the revised derogation in accordance with the

obligations of the Government of Ukraine under Article 4, paragraph 3, of the International Covenant

on Civil and Political Rights.

The Permanent Mission of Ukraine to the United Nations avails itself of the opportunity to

renew to the Secretary-General of the United Nations the assurances of its highest consideration.

Enclosure, on 7 pages

New York, 17 April 2024

________

The texts of the Decree of the President of Ukraine No. 64/2022 of 24 February 2022 on the

imposition of martial law in Ukraine and the Law of Ukraine No. 2102 of 24 February 2022 on

approval of the Decree of the President of Ukraine on imposition of martial law in Ukraine and the

extract from the Constitution of Ukraine, attached to the notification, are on file with the Secretary-

General and available for consultation

(IV.4)

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Law of Ukraine No. 2102-IX dated February 24, 2022 “On Approval of the Decree of the

President of Ukraine “On Imposition of Martial Law in Ukraine”

In accordance with paragraph 31 of part one of Article 85 of the Constitution of Ukraine and

the Law of Ukraine “On Imposition of Martial Law in Ukraine” the Verkhovna Rada of Ukraine

decides the following:

1. To approve the Decree of the President of Ukraine of February 24, 2022, No. 63/2022 “On

Imposition of Martial Law in Ukraine”.

2. This Law shall be promulgated immediately through the mass media and shall enter into force

on the day of its publication.

I. On derogation measures

1. In connection with the military aggression of the Russian Federation against Ukraine, based on

the proposal of the National Security and Defence Council of Ukraine, in accordance with paragraph 20

of part one of Article 106 of the Constitution of Ukraine and the Law of Ukraine “On the Legal Regime

of Martial Law”, martial law in Ukraine was introduced by the Decree of the President of Ukraine

No. 64/2022 dated February 24, 2022 (hereinafter - the Presidential Decree).

The Presidential Decree came into force simultaneously with the entry into force of the Law of Ukraine

No. 2102 dated February 24, 2022 “On Approval of the Decree of the President of Ukraine “On the

Introduction of Martial Law in Ukraine”. The Law came into force on the day of its publication on

February 24, 2022, and was immediately announced through the media.

Pursuant to Article 3 of the Presidential Decree, in connection with the introduction of martial law in

Ukraine, constitutional rights and freedoms of a person and citizen provided for in Articles 30-34, 38,

39, 41-44, 53 of the Constitution of Ukraine may be temporary restricted for the period of martial law;

temporary restrictions on the rights of persons to the extent necessary to ensure the possibility of

implementing measures of the legal regime of martial law provided for in part one of Article 8 of the

Law of Ukraine “On the Legal Regime of Martial Law” (hereinafter - the Law) may be introduced as

well.

The above-mentioned articles of the Constitution, which may be subject to restrictions, guarantee the

inviolability of the home (Article 30); secrecy of mailing, telephone conversations and other

correspondence (Article 31); non-interference in personal and family life (Article 32); freedom of

movement, free choice of place of residence, the right to freely leave and return to the territory of

Ukraine (Art. 33); the right to freedom of thought and speech, free expression of views and beliefs, as

well as the right to freely collect, store, use and disseminate information (Article 34); the right to

participate in the management of public affairs and referendums, to freely elect and be elected to state

and local authorities, equal access to public service (Article 38); the right to hold meetings, rallies,

marches and demonstrations, as well as the right to strike (Articles 39,44); the right to own, use and

dispose of one’s property (Article 41); the right to entrepreneurship and work (Articles 42, 43); the right

to education (Article 53).

According to the above-mentioned Article 8 of the Law, on the territory where martial law has been

introduced, the military command may, within the limits of temporary restrictions on constitutional

rights and freedoms of a person and citizen, implement measures of the legal regime of martial law, in

particular: - to compulsorily alienate privately or communally owned property for the needs of the state

under regime of martial law in accordance with the procedure established by law and issue relevant

documents in this regard (para. 4).

(IV.4)

- 3 -

- to introduce curfew (a ban on staying on the streets and in other public places during certain

periods of time without specially issued passes and certificates) according to the established procedure

(para. 5).

- to establish a special regime of entry and exit in accordance with a certain procedure, to restrict

the freedom of movement of citizens, foreigners and stateless persons, as well as the movement of

vehicles (para. 6).

- to inspect the belongings, vehicles, baggage and cargo, office premises and homes of citizens in

accordance with the established procedure with the exception of restrictions established by the

Constitution of Ukraine (para. 7).

- to prohibit peaceful assemblies, rallies, marches, demonstrations and other mass events

(para. 8).

- to establish in accordance with a certain procedure, a ban or restriction on the choice of place

of stay or place of residence of persons in the territory where martial law is in force (para. 10).

- to prohibit citizens registered with the military or special registry to change their place of

residence (place of stay) without proper permission (para. 16).

- to establish military housing duty for individuals and legal entities (para. 17).

The possibility of application of the abovementioned measures necessitates a derogation from the

obligations under Articles 12, 17, 19, 21, 25 of the International Covenant on Civil and Political Rights

(hereinafter - the Covenant) and Articles 8, 10, 11 of the Convention for the Protection of Human

Rights and Fundamental Freedoms (hereinafter - the Convention), Articles 1, 2, 3 of the Additional

Protocol to the Convention, Article 2 of Protocol No. 4 to the Convention.

Derogation under the previously defined Articles 3, 8(3), 9, 13, 20, 22, 24, 26, 27 of the Covenant and

Articles 4(3), 9, 13, 14, 16 of the Convention is withdrawn.

II. On the territory covered by derogation and the time of its introduction

Martial law has been in force on the territory of Ukraine since 05:30 a.m. of February 24, 2022.”

***

26 April 2024