18:58 10.12.2020

Constitutional Court refuses to initiate proceedings on constitutionality of quarantine decree in terms of business activity

2 min read
Constitutional Court refuses to initiate proceedings on constitutionality of quarantine decree in terms of business activity

The Grand Chamber of the Constitutional Court of Ukraine refused to initiate proceedings on the constitutional proposal of 48 MPs on the compliance of the Constitution with the provisions of the Cabinet of Ministers decree on introduction of quarantine dated July 22, 2020, with amendments regarding restrictions on entrepreneurial activity due to the decree's expiration.

"A ruling has been passed on the refusal to initiate constitutional proceedings in the case regarding the constitutional submission," the Constitutional Court said, following the results of the consideration of the issue of initiating constitutional proceedings upon the proposal.

An informed source told Interfax-Ukraine that the reason for refusing to initiate proceedings in the part related to the regulation of entrepreneurial activity was the fact that the provisions of the decree had become invalid.

According to the agency's interlocutor, the decree specifies the term for the application of these restrictions. They were not extended by the Cabinet of Ministers, therefore, the Grand Chamber of the Constitutional Court considers that this provision has lost its effect.

The source said that due to the constitutionality of other quarantine restrictions, which are indicated by the authors of the submission, the proceedings are initiated.

The authors of the constitutional submission asked the Constitutional Court to initiate proceedings and declare unconstitutional the provisions of the Cabinet of Ministers decree on quarantine in terms of restricting the right to entrepreneurial activity, access to medical care, and the legitimacy of the goal of restricting rights and freedoms was also challenged.

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