Legal certainty compliance analysis of measures aimed at spread prevention of coronavirus disease

Abstract

Acute respiratory disease COVID-19 has caused unprecedented restrictions on human rights since the end of World War II. Restrictive measures to prevent the spread of coronavirus disease have been introduced almost worldwide. However, like any restriction of human rights, such measures must comply with the principle of proportionality. One of the main requirements is that the restriction must be prescribed by law and comply with the legal certainty. This requirement stipulates that any restrictions on human rights, including restrictive measures aimed at preventing the spread of coronavirus disease must be prescribed by law, adopted in the form and manner prescribed by current legislation and international human rights standards, promulgated in the manner prescribed by law, understood by ordinary citizens, predictable and obviously enforced. In this paper, the question of compliance with the legal certainty criteria of restrictions, implemented measures to prevent the spread of coronavirus disease in Ukraine and some other countries are considered. The question whether the measures aimed at preventing the spread of coronavirus were prescribed by law, adopted in the form and manner prescribed by applicable law and international human rights standards, were promulgated in the manner prescribed by law, were clear to ordinary citizens, predictable and obviously enforced is analyzed. However, the analysis of restrictive measures aimed at preventing the spread of coronavirus disease introduced in Ukraine raises several questions about the form of such restrictions. Firstly, no special law has been passed on this issue. Secondly, all restrictions were introduced by resolutions of the Cabinet of Ministers of Ukraine bylaws with an obvious excess of authority. Moreover, the official publication of the introduction of restrictive measures aimed at preventing the spread of coronavirus disease took place the day before, on the day, or even the day after the introduction of restrictive measures aimed at preventing the spread of coronavirus disease.