19:25 16.07.2024

Ban on publication of court decisions related to military registration justified during war – Supreme Court president

2 min read
Ban on publication of court decisions related to military registration justified during war – Supreme Court president

The bill banning the publication of court decisions on mobilization and military registration in the register does not contradict national and international legislation; such restrictions are due to the war, President of the Supreme Court of Ukraine Stanislav Kravchenko said.

"In the current conditions, yes, this is advisable. We highly respect openness, at the same time we understand that the word can be used as a weapon. And here, I think, we are talking about a justified balance," Kravchenko told Interfax-Ukraine, answering a question of whether such a ban is appropriate and whether it complies with legal norms.

"The law on state secrets contains reservations regarding the number of military personnel, their weapons, and movement. When we name a separate number and data of military personnel who are held accountable for certain crimes, including in the field of military service, the enemy can use this against us," the court's head said.

He said, for example, the publication of information about the detention of military personnel by the police in a specific place for an administrative offense, if these soldiers are on rotation, can lead to very serious consequences.

According to Kravchenko, legislators will already determine the criteria and categories of decisions subject to a publication ban.

"Another important point. Such restrictions can only apply during martial law. We have Article 615 of the Criminal Procedure Code, which regulates certain narrowing of rights during war. Article 10 of the European Convention on Human Rights directly states that freedom of speech is guaranteed, but there may be restrictions in cases, in particular, when this poses a threat to territorial integrity and national security," the Supreme Court's president said.

"That is, the restrictions proposed by legislators are fully correlated with national and international legislation; this is due to the need during martial law," Kravchenko said.

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