On June 14, 2024, Judge of the Constitutional Court of Ukraine Vasyl Lemak participated in the XII International Judicial and Legal Forum, where he delivered a report on “Restrictions of human rights in wartime: where is the limit?”
Vasyl Lemak explained the limits of human rights restrictions in wartime. “When we talk about the restriction of human rights, we are talking about two planes of perception of this problem. Firstly, we need to understand that human rights restrictions can come from or be the result of any regulation. However, here we are talking about the fact that in times of full-scale war, the legislator is forced not only to resort to regulation, but also to restrict certain rights in order to protect the state. Thus, there is no need to oppose the interests of defence, the state and individual human rights. These things are interconnected. Secondly, we need to understand that today's Constitution is the same as in peacetime, and it outlines primarily the goals for restricting human rights. Restrictions on human rights are the most dangerous tool. Therefore, they should be conditioned by the urgency of the situation.”
In his speech, he stressed that human rights, as well as the constitutional democratic system in general, are as relevant in dark times as in bright ones. If the provisions of the Constitution are not implemented during the war, it will mean disorder. The judge is convinced that the limit of human rights restrictions depends on the full-fledged work of the courts and the preservation of their independence.
