Rights
The 1996 constitution operating under martial law
The Constitution of 1996 provides an individual constitutional complaint against statutes applied in a final judgment. Martial law has been in force since February 2022, permitting derogation from several rights, though the constitution forbids amendment while it lasts.
Key rules
- An individual may file a constitutional complaint against a law applied in a final court decision.
- The Constitution may not be amended during martial law or a state of emergency.
- Elections cannot be held while martial law is in force.
- Certain rights, including life, dignity and access to court, may never be derogated from.
Governing law
- Constitution of Ukraine (1996)As amended in 2016 on the judiciary and 2019 on EU and NATO course.
- Law on the Constitutional Court of Ukraine (2017)Individual complaint procedure.
- Law on the legal regime of martial law (2015)Basis of the 2022 derogation.
In practice
A complaint must be lodged within three months of the final decision and must attack the statute rather than the judgment, and the court's docket delays mean years rather than months.