PUBLIC INTERNATIONAL LAW

AND TREATY OFFICE DIVISION

Strasbourg, 2 March 2022

Ref.: JJ9325C CORRIGENDUM (•)
Tr./005-287

NOTE VERBALE

The Secretariat General of the Council of Europe (Treaty Office) presents its compliments to
the Ministry of Foreign Affairs and has the honour to enclose a copy of Note verbale
No. 31011/32-017-3 from the Permanent Representation of Ukraine to the Council of Europe,
dated 28 February 2022, transmitted to the Secretary General of the Council of Europe on 1
March 2022, concerning Article 15 of the Convention for the Protection of Human Rights and
Fundamental Freedoms (ETS No. 5).

This information is transmitted in pursuance of Resolution (56) 16 of the Committee of

Ministers.

The Secretariat General of the Council of Europe (Treaty Office) avails itself of this opportunity
to renew to the Ministry the assurances of its highest consideration.

Note to all member States.

Copy Ukraine.

Tel ►+33 (0)3 90 21 43 18 Mail ► TreatyOffice@coe.int

Tel ►+33 (0)3 88 41 36 68 Site ► https://conventions.coe.int
COPIE (*)

Annex to the Notification JJ9325C Tr./005-287

dated 2 March 2022
ETS No. 5 - Article 15

PERMANENT REPRESENTATION OF UKRAINE

TO THE COUNCIL OF EUROPE

№ 31011/32-017-3

NOTE VERBALE

The Permanent Representation of Ukraine to the Council of Europe presents its compliments to the
Secretary General of the Council of Europe and has the honour to convey to the Secretary General
the following information on behalf of the Government of Ukraine regarding the introduction from
24 February for a period of 30 days of: a state of emergency rule in separate regions of Ukraine and
martial law on the entire territory of Ukraine and derogation measures from its obligation under the
Convention for the Protection of Human Rights and Fundamental Freedoms.
The Permanent Representation of Ukraine to the Council of Europe avails itself of this opportunity to
renew to the Secretary General of the Council of Europe the assurances of its highest consideration.

Annex: as stated

(seal) Strasbourg, 28 February 2022

Secretary General of the Council of Europe

Strasbourg

_____
(*) Derogation registered at the Secretariat General on 1 March 2022 - Or. Engl.

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COPY
Annex
I
Regarding derogation measures

1. In connection with the military aggression of the Russian Federation against Ukraine, based on
the proposal of the National Security and Defense Council of Ukraine, in accordance with paragraph 20
of the first part of Article 106 of the Constitution of Ukraine, Law of Ukraine "On Martial Law" by
Presidential Decree of 24.02.2022 N° 64/2022, martial law was imposed in Ukraine.
Decree of the President of Ukraine as of 24.02.2022 N° 64/2022 "On the imposition of martial law in
Ukraine" entered into force simultaneously with the entry into force of the Law of Ukraine "On Approval
of the Decree of the President of Ukraine" On the imposition of martial law in Ukraine", adopted on
24.02.2022. This Law was immediately promulgated via the mass media and entered into force on the
day of its publication on February 24, 2022.
According to Article 2 of the Decree of the President of Ukraine of 24.02.2022 N° 64/2022 "On the
imposition of martial law in Ukraine" military command (General Staff of the Armed Forces of Ukraine,
Command of the Joint Forces of the Armed Forces of Ukraine, command of species, certain types of
troops (forces) Of the Armed Forces of Ukraine, Department of Operational Commands, Commanders
of Military Units, Units of the Armed Forces of Ukraine, State Border Guard Service of Ukraine, State
Special Transport Service, State Special Communications and Information Protection Service of
Ukraine, National Guard of Ukraine, Security Service of Ukraine, Foreign Service Intelligence of
Ukraine, the Department of State Protection of Ukraine) together with the Ministry of Internal Affairs of
Ukraine, other executive bodies, local governments authorized to implement and conduct
measures and authority necessary to defend Ukraine, protect public safety and interests of the
state under the Law of Ukraine "On Martial Law”.
2. In accordance with Article 3 of the Decree of the President of Ukraine of 24.02.2022 N° 64/2022
"On the imposition of martial law in Ukraine" in connection with the imposition of martial law in Ukraine
temporarily, for the period of martial law, may be limited constitutional rights and freedoms of man and
citizen provided for in Articles 30 - 34, 38, 39, 41 - 44, 53 of the Constitution of Ukraine, as well as
temporary restrictions on the rights and legitimate interests of legal entities within the limits and to the
extent necessary to ensure implementation and execution of martial law are introduced, which are
provided for in part one of Article 8 of the Law of Ukraine "On the Legal Regime of Martial Law".
2.1 Article 30 of the Constitution. Everyone is guaranteed the inviolability of their home. It is not
allowed to enter a house or other property of a person, conduct an inspection or search in them other
than by a reasoned court decision.
The restriction of this right necessitates a waiver of obligations under Article 17 of the
International Covenant on Civil and Political Rights (hereinafter - Covenant) and Article 8 of the
Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter -
Convention).
2.2 Article 31 of the Constitution. Everyone is guaranteed the secrecy of correspondence,
telephone conversations, telegraph, and other correspondence.
The restriction of this right necessitates a waiver of obligations under Articles 19 to 20 of the
Covenant and Article 10 of the Convention.
2.3 Article 32 of the Constitution. No one may be interfered with in his personal and family life,
except as provided by the Constitution of Ukraine. The collection, storage, use, and dissemination of
confidential information about a person without his or her consent is not permitted, except in cases
specified by law and only in the interests of national security, economic well-being, and human rights.
The restriction of this right necessitates a waiver of obligations under Article 17 of the Covenant
and Article 8 of the Convention.
2.4 Article 33 of the Constitution. Everyone who stays lawfully on the territory of Ukraine is
guaranteed freedom of movement, free choice of residence, the right to leave the territory of Ukraine
freely, except for restrictions established by law. A citizen of Ukraine may not be deprived of the right
to return to Ukraine at any time.

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The restriction of this right necessitates a waiver of obligations under Articles 12 to 13 of the
Covenant and Article 2 of Protocol No. 4 to the Convention.
2.5 Article 34 of the Constitution. Everyone is guaranteed the right to freedom of thought and
speech, to freely express their views and beliefs. Everyone has the right to freely collect, store, use
and disseminate information orally, in writing, or otherwise - at their discretion.
The restriction of this right necessitates a waiver of obligations under (•) Article 19 of the
Covenant and Articles 9 to 10 of the Convention.
2.6 Article 38 of the Constitution. Citizens have the right to participate in the management of state
affairs, in all-Ukrainian and local referendums, to freely elect and be elected to state authorities and
local self-government bodies. Citizens enjoy equal access to public service, as well as to service in
local self-government bodies.
The restriction of this right necessitates a waiver of obligations under Article 25 of the Covenant
and Article 3 of the Additional Protocol to the Convention.
2.7 Article 39 of the Constitution. Citizens have the right to assemble peacefully, without weapons,
and to hold rallies, meetings, marches, and demonstrations, which are notified in advance to the
executive or local government.
The restriction of this right necessitates a waiver of obligations under Article 21 of the Covenant
and Article 11 of the Convention.
2.8 Article 41 of the Constitution. Everyone has the right to own, use and dispose of their property,
the results of their intellectual and creative activities. No one may be unlawfully deprived of his property.
The right of private property is inviolable.
The restriction of this right necessitates a waiver of obligations under Article 25 of the Covenant
and Article 1 of the Additional Protocol to the Convention.
2.9 Article 42 of the Constitution. Everyone has the right to engage in entrepreneurial activity, which
is not prohibited by law.
The restriction of this right necessitates a waiver of obligations under Article 17 of the Covenant
and Article 1 of the Additional Protocol to the Convention.
2.10 Article 43 of the Constitution. Everyone has the right to work, which includes the opportunity
to earn a living by work which he freely chooses or agrees to freely.
The restriction of this right necessitates a waiver of obligations under Articles 22, 25 of the
Covenant, and Article 14 of the Convention.
2.11 Article 44 of the Constitution. Those who work have the right to strike to protect their economic
and social interests.
The restriction of this right necessitates a waiver of obligations under Articles 21, 22 of the
Covenant, and Article 11 of the Convention.
2.12 Article 53 of the Constitution. Everyone has the right to education.
The restriction of this right necessitates a waiver of obligations under Articles 24, 25 of the
Covenant and Article 2 of the Additional Protocol to the Convention.
According to the first part of Article 8 of the Law of Ukraine "On the Legal Regime of Martial Law" in
Ukraine or in certain localities where martial law is imposed, the military command together with military
administrations (if formed) may independently or with the involvement of executive bodies, the Council
Ministers of the Autonomous Republic of Crimea, local governments introduce and implement
temporary restrictions of constitutional rights and freedoms of man and citizen, as well as the rights
and legitimate interests of legal entities under the decree of the President of Ukraine on martial law,
the measures of martial law are as follows:
1) to establish (strengthen) the protection of objects of state importance, objects of state
importance of the national transport system of Ukraine, and objects that ensure the
livelihood of the population, and to introduce a special regime of their work. The procedure
for establishing (strengthening) the protection of such facilities and their inventory that are
subject to protection with the imposition of martial law, as well as the procedure for the
special regime of their work shall be approved by the Cabinet of Ministers of Ukraine;

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2) to introduce compulsory labor for able-bodied persons not involved in work in the field of
defense and livelihoods and not reserved for enterprises, institutions and organizations for
the period of martial law in order to perform work of a defensive nature and eliminate the
consequences of emergencies that arose during martial law, and to involve them in martial
law in socially useful work performed to meet the needs of the Armed Forces of Ukraine,
other military formations, law enforcement agencies and civil defense forces, ensuring the
functioning of the national economy and life support system population and do not require,
as a rule, special training of persons. For employees involved in the performance of socially
useful work, the previous place of work (position) is retained for the time of such work. The
procedure for involving able-bodied persons in martial law in socially useful work and issues
of their social protection, taking into account the requirements of the law, shall be
determined by the Cabinet of Ministers of Ukraine;
3) use the capacity and labor resources of enterprises, institutions and organizations of all
forms of ownership for the needs of defense, change the mode of their work, make other
changes in production activities and working conditions in accordance with labor legislation;
4) forcibly expropriate property in private or communal ownership, confiscate property of state
enterprises, state economic associations for the needs of the state under the legal regime
of martial law in the manner prescribed by law and issue appropriate documents of the
prescribed form;
5) to introduce a curfew in accordance with the procedure established by the Cabinet of
Ministers of Ukraine (ban on staying on the streets and in other public places during a
certain period of the day without specially issued permits and certificates), as well as to
establish a special light masking regime;
6) to establish, in accordance with the procedure established by the Cabinet of Ministers of
Ukraine, a special regime of entry and exit, to restrict the freedom of movement of citizens,
foreigners and stateless persons, as well as the movement of vehicles;
7) to check the documents of persons in the manner prescribed by the Cabinet of Ministers of
Ukraine, and if necessary to inspect things, vehicles, luggage and cargo, office space and
housing of citizens, except for restrictions established by the Constitution of Ukraine;
8) prohibit holding peaceful assemblies, rallies, marches and demonstrations, other mass
events;
9) to raise in the manner prescribed by the Constitution and laws of Ukraine the issue of
banning the activities of political parties, public associations, if it is aimed at eliminating
Ukraine's independence, forcibly changing the constitutional order, violating the sovereignty
and territorial integrity of the state, undermining its security, illegal seizure power,
propaganda of war, violence, incitement of interethnic, racial, religious hatred,
encroachment on human rights and freedoms, public health;
10) to establish, in accordance with the procedure established by the Cabinet of Ministers of
Ukraine, a ban or restriction on the choice of the place of stay or residence of persons in
the territory where martial law is in force;
11) regulate in the manner prescribed by the Cabinet of Ministers of Ukraine, the work of
suppliers of electronic communications networks and / or services, printing companies,
publishers, broadcasters, broadcasters and other enterprises, institutions, organizations
and cultural institutions and the media, and use local radio stations, television centers and
printing houses for military purposes and conducting outreach work among the troops and
the population; prohibit the operation of transceiver radios for personal and collective use
and the transmission of information via computer networks;
12) in case of violation of the requirements or non-compliance with the measures of martial law,
to withdraw from enterprises, institutions and organizations of all forms of ownership,
individual citizens electronic communication equipment, television, video and audio
equipment, computers and, if necessary, other technical means of communication;
13) to prohibit, in accordance with the procedure established by the Cabinet of Ministers of
Ukraine, trade-in weapons, strong chemical and poisonous substances, as well as alcoholic
beverages and substances produced based on alcohol;

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 14) to establish a special regime in the field of production and sale of medical products
containing narcotic drugs, psychotropic substances and precursors, other potent
substances, the list of which is determined by the Cabinet of Ministers of Ukraine;
15) to seize from enterprises, institutions and organizations training and combat equipment,
explosives, radioactive substances and materials, potent chemicals and toxic substances;
16) prohibit citizens who are on the military or special register at the Ministry of Defense of
Ukraine, the Security Service of Ukraine or the Foreign Intelligence Service of Ukraine,
change residence (location) without the permission of the military commissar or head of the
Security Service of Ukraine or the Foreign Intelligence Service of Ukraine; limit the passage
of alternative (non-military) service;
17) to establish military and housing conscription for individuals and legal entities for the
accommodation of servicemen, members of the rank and file of law enforcement agencies,
personnel of the Civil Protection Service, evacuated population and the location of military
units, subdivisions and institutions;
18) to establish the procedure for using the fund of protective structures of civil protection;
19) to evacuate the population if there is a threat to their life or health, as well as material and
cultural values, if there is a threat of damage or destruction, according to the list approved
by the Cabinet of Ministers of Ukraine;
20) to introduce, if necessary, in the manner prescribed by the Cabinet of Ministers of Ukraine,
standardized provision of the population with basic food and non-food goods;
21) take additional measures to strengthen the protection of state secrets;
22) intern (forcibly settle) citizens of a foreign state that threatens to attack or carry out
aggression against Ukraine;
23) to carry out the obligatory evacuation of detained persons in temporary detention facilities
in accordance with the procedure established by the Cabinet of Ministers of Ukraine;
suspects, accused persons subject to precautionary measures - detention in pre-trial
detention facilities; transfer of convicts serving sentences such as arrest, restriction of
liberty, imprisonment for a term and imprisonment from penitentiary institutions located in
areas close to the areas of hostilities to the relevant institutions located in a safe area.
The application of these measures necessitates a derogation from the obligations under Articles 3, 8
(paragraph 3), 9, 12, 13, 17, 19, 20, 21, 22, 24, 25, 26, 27 of the Covenant and Articles 4 (paragraph 3),
8, 9, 10, 11, 13, 14, 16, Articles 1, 2 of the Additional Protocol, Article 2 of Protocol 4 to the Convention.
II
Martial law in Ukraine was imposed from 05:30 on February 24, 2022, for a period of 30 days.
III
Regarding the security situation in Ukraine
(according to the General Staff of the Armed Forces of Ukraine as of 15:00 on February 26, 2022)
The Russian occupier continues the offensive operation against Ukraine in the previously selected
areas with the support of long-range operational and tactical aircraft and with the use of high- precision
long-range weapons.
The enemy insidiously inflicts air and artillery strikes on civilian infrastructure.
Enemy reconnaissance and sabotage groups operate insidiously, disguising themselves in civilian
clothes and infiltrating cities to destabilize the situation by carrying out sabotage operations.

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 Addition
I
For derogating measures
1. In order to normalize the situation in the state, protect and guard the state border, combat crime,
maintain public safety and order, create conditions for the proper functioning of public authorities, local
governments and other civil society institutions, prevent attempts to seize state power or change the
constitutional Ukraine by violence, pursuant to paragraphs 5 and 6 of the part 2 of Article 4 of the Law
of Ukraine "On the Legal Regime of State of Emergency", based on the proposal of the National
Security and Defense Council of Ukraine and in accordance with paragraph 21 of Article 106 of the
Constitution of Ukraine of 23/02/2022 N° 63/2022 a state of emergency has been declared in Ukraine.
Decree of the President of Ukraine of 23.02.2022 N° 63/2022 "On imposition of emergency rule in
separate regions of Ukraine" entered into force simultaneously with the entry into force of the Law of
Ukraine "On approval of the Decree of the President of Ukraine "On imposition of emergency rule in
separate regions of Ukraine" which was passed on 23.02.2022 for N° 2101. This Law entered into
force on the day of its publication on February 23, 2022.
According to Article 3 of the Decree of the President of Ukraine of 23.02.2022 N° 63/2022 "On
imposition of emergency rule in separate regions of Ukraine" Security Service of Ukraine, the Ministry
of Internal Affairs of Ukraine, the National Guard of Ukraine, the National Police of Ukraine, the State
Emergency Service, the Border Guard Service of Ukraine, the Armed Forces of Ukraine, the Military
Law Enforcement Service of the Armed Forces of Ukraine, central executive bodies, which are
subordinated to military formations formed in accordance with the laws of Ukraine, in accordance with
its powers, is instructed to provide assistance in the implementation and enforcement of the state of
emergency.
2. The following measures shall be implemented in the territory defined in Article 1 of this Decree:
. establishment of a special regime of entry and exit (if necessary); restrictions on the movement
of vehicles and their inspection (if necessary);
. to strengthen the defense of the public order and facilities ensuring the vital needs of the
population and national economy;
. ban on holding mass events, except for measures which can be banned only by a court (if
necessary); ban on strikes;
. temporary or irreversible evacuation of people from places dangerous to living, with the
mandatory provision of them with permanent or temporary housing;
. introduction of curfew (prohibition to be on the streets and in other public places without specially
issued permits and identity cards at set times of the day, if necessary);
. control the citizens' identification documents and, if necessary, carry out body searches and
inspect personal belongings and vehicles.
. prohibition of recruits, conscripts and reservists to change their place of residence without notice
of the relevant territorial center of recruitment and social support, the Central Office and/or
regional body of the Security Service of Ukraine, the relevant unit of the Foreign Intelligence
Service of Ukraine; ban on the production and dissemination of information materials that may
destabilize the situation; ban on the operation of amateur radio transmitters and radio emitting
devices for personal use; special rules for the use of communication and transmission of
information over computer networks (if necessary).
The application of these measures necessitates a derogation from the obligations under
Articles 12, 17, 19, 20, 21, 22, 26 of the International Covenant on Civil and Political Rights and
Articles 8, 9, 10, 11, 14 of the Convention and Article 2 of the Protocol No. 4 to the Convention.
II
Regarding the territory covered by the derogation
A state of emergency in Ukraine was imposed on the territory of Vinnytsia, Volyn, Dnipropetrovsk,
Zhytomyr, Zakarpattia, Zaporizhia, Ivano-Frankivsk, Kyiv, Kirovohrad, Lviv, Mykolaiv, Odesa, Poltava,
Rivne, Sumy, Ternopil, Kharkiv, Kherson, Khmelnytski, Cherkasy, Chernivtsi, Chernihiv regions, the
city of Kyiv from 00 hours 00 minutes on February 24, 2022 for a period of 30 days.

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 III
Regarding the security situation
(as of 23.02.2022)
On February 21, 2022, the leadership of the Russian Federation recognized the independence of the
self-proclaimed "LPR" and "DPR" and decided to introduce units of the Armed Forces of the Russian
Federation in the temporarily occupied territories of Donetsk and Luhansk regions.
Such actions are a continuation of the Russian Federation's policy of escalating armed aggression
against Ukraine, imposing separatism, provoking interethnic and interfaith conflicts, mass riots, which
threatens the security, life and health of citizens, state sovereignty, constitutional order and territorial
integrity of Ukraine.
The subversion of the special services of the Russian Federation, supporting the activities of separatist
forces, criminal and illegal military groups in the occupied territories of Donetsk and Luhansk regions,
their terrorist activities have become an armed confrontation and threaten to spread to other regions
of Ukraine.

Links to the Annexes (English and Ukrainian only)

 Decree of the President of Ukraine No. 63/2022 About introduction of a state of emergency in
separate regions of Ukraine.
 Law No. 2101-IX of Ukraine on approval of the Decree of the President of Ukraine No. 63/2022
“About introduction of a state of emergency in separate regions of Ukraine”.
 Decree of the President of Ukraine No. 64/2022 On the imposition of martial law in Ukraine.
 Law No. 2102-IX of Ukraine on approval of the Decree of the President of Ukraine No. 64/2022
“On the imposition of martial law in Ukraine”.

 УКАЗ ПРЕЗИДЕНТА УКРАЇНИ № 63/2022 Про введення надзвичайного стану в окремих

регіонах України
 ЗАКОН УКРАЇНИ № 2101-IX Про затвердження Указу Президента України "Про введення
надзвичайного стану в окремих регіонах України".
 УКАЗ ПРЕЗИДЕНТА УКРАЇНИ № 64/2022 Про введення воєнного стану в Україні.
 ЗАКОН УКРАЇНИ № 2102-IX Про затвердження Указу Президента України "Про введення
воєнного стану в Україні".

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