Незаконність заборони виїзду за кордон підтверджена Верховним судом | Адвокат Ростислав Кравець

Summary

In this video, Rostyslav Kravets discusses recent legal rulings regarding the restriction of travel abroad, particularly in the context of Ukraine's mobilization efforts. He highlights a recent decision by the Supreme Court emphasizing that travel bans should be properly justified and grounded in law, noting that there is no current legal restriction preventing men of conscription age from leaving the country. Rostyslav argues that any such measures must be legislated and cannot be imposed through arbitrary decisions. He urges individuals to protect their rights and support Ukraine's defense efforts.

Takeaways

• 😀 The Ukrainian Supreme Court recently issued a ruling emphasizing that border crossing bans must be legally justified.
• 😀 According to the ruling, border crossing bans should be clear and based on specific legal grounds.
• 😀 There is currently no law in Ukraine that bans men of conscription age from leaving the country.
• 😀 Article 33 of the Ukrainian Constitution allows for restrictions on freedoms, but only through established laws.
• 😀 Administrative decisions, such as banning individuals from leaving the country, need to be backed by law, not arbitrary rules.
• 😀 The Supreme Court's decision highlights the importance of reasoning when imposing restrictions on citizens' freedoms.
• 😀 The speaker stresses that there is no legal justification for prohibiting men of conscription age from traveling abroad at this time.
• 😀 The speaker encourages people to fight for their rights and not accept arbitrary restrictions that violate human rights.
• 😀 Ukraine’s legal system should not operate in a 'manual' or authoritarian manner but should adhere to rule of law principles.
• 😀 The speaker urges the public to support Ukraine’s Armed Forces and continue fighting for victory and human rights.
• 😀 The Court’s decision could also be relevant for those with permanent residence abroad, ensuring their right to travel.

Q & A

What is the main topic of the video?

The video discusses the legal issues surrounding the ban on leaving the country, particularly during the period of martial law in Ukraine, and highlights a recent decision made by the Supreme Court regarding this matter.

What recent Supreme Court decision is mentioned in the video?

The Supreme Court ruled that decisions about the prohibition of leaving the country must be well-justified and properly documented. The court emphasized that vague or incomplete reasons are not sufficient to impose such a ban.

What does the Constitution of Ukraine say about leaving the country?

According to Article 33 of the Constitution of Ukraine, citizens can face restrictions on their right to leave the country, but such restrictions must be established by law. Currently, no law exists prohibiting men of conscription age from leaving Ukraine.

What does the speaker think about the current practice of banning people from leaving Ukraine?

The speaker criticizes the current practice, arguing that decisions about who can leave the country should be based on clear, legal grounds rather than arbitrary or political preferences. He believes that lawmakers should create proper laws instead of managing the issue on an individual, case-by-case basis.

How does the speaker view the political situation surrounding these travel bans?

The speaker sees the ban on leaving the country as a violation of human rights and warns against the creation of a totalitarian state. He believes that such actions undermine the protection of human rights, which Ukrainians are fighting for, especially in the context of the war.

What practical advice does the speaker give to viewers?

The speaker advises viewers to use the Supreme Court's decision as a reference if they face restrictions on traveling abroad. He encourages people to assert their rights and not be discouraged by the lack of a specific law regarding travel bans.

What is the significance of the speaker’s mention of a judge's separate opinion?

The speaker refers to a separate opinion in the Supreme Court ruling where a judge explicitly states that no legal prohibition exists on men of conscription age leaving the country. This reinforces the idea that the current restrictions are not legally justified.

What does the speaker say about the role of lawmakers in establishing travel restrictions?

The speaker emphasizes that if lawmakers want to impose travel restrictions, they should do so through proper legal processes by passing a law, rather than attempting to manage these restrictions in an arbitrary manner.

Does the speaker believe that this issue is relevant for people living abroad?

Yes, the speaker suggests that people who have permanent residence abroad could also benefit from this legal practice and should assert their rights in the same way, especially if they are affected by similar travel restrictions.

How does the speaker conclude the video?

The speaker concludes by encouraging viewers to continue supporting the Ukrainian Armed Forces and to fight for their rights. He also expresses his belief in Ukraine’s victory and encourages everyone to contribute to the country’s resilience.