Starting from February 24, 2022, martial law was introduced throughout the territory of our state. In accordance with the current legislation of Ukraine, martial law is a legal regime characterized by the introduction of measures that may temporarily restrict the constitutional rights and freedoms of a person and citizen. According to Art. 8 of the Law of Ukraine “On the legal regime of martial law” one of these restrictions is a curfew.

The rules of conduct during the curfew are determined by the Procedure for the implementation of measures during the introduction of a curfew and the establishment of a special blackout regime in certain areas where martial law has been introduced, approved by Resolution No. 573 of the Cabinet of Ministers of Ukraine dated July 8, 2020, and include:

• Prohibition of stay during a certain period of the day on the streets and other public places of persons without issued passes, as well as the movement of vehicles. Exception: representatives of the Armed Forces of Ukraine, the State Special Transport Service, the National Guard of Ukraine, the State Border Service, the National Police, the SBU, the SFS, the DMS, the State Emergency Service, who are involved in the implementation of activities when curfews are introduced; special-purpose vehicles performing an urgent official task, when special light signaling devices are turned on; critical infrastructure workers with special passes.

A pass is a document that is issued at the commandant’s office with a mandatory indication of its validity period. Passes issued by the commandant’s office are valid only within the territory where the curfew has been introduced.

• Prohibition of stay during a certain period of the day on the streets and other public places of persons without issued passes, as well as the movement of vehicles. Exception: representatives of the Armed Forces of Ukraine, the State Special Transport Service, the National Guard of Ukraine, the State Border Service, the National Police, the SBU, the SFS, the DMS, the State Emergency Service, who are involved in the implementation of activities when curfews are introduced; special-purpose vehicles performing an urgent official task, when special light signaling devices are turned on; critical infrastructure workers with special passes.

A pass is a document that is issued at the commandant’s office with a mandatory indication of its validity period. Passes issued by the commandant’s office are valid only within the territory where the curfew has been introduced.

• Stay of citizens on the street during a certain period of the day solely for the purpose of going to shelters during an air raid, if you have an identity document with you (passport, temporary identity card, temporary or permanent residence permit in Ukraine, E-document in the application “Diya” , as well as birth certificates of children, if the person has children).

• Walking pets during a certain period of the day only near your home, in a short period of time and preferably during daylight hours. You must also have an identity document with you.

• During the curfew, entry/exit (entry/exit) to/from the territory where the curfew has been introduced is carried out only through the checkpoints designated by the commandant’s office. The basis for entry (entrance) to the territory where curfew is introduced is the need:
– participation in ensuring national interests for the purpose of peaceful settlement of the conflict or on issues of humanitarian assistance;
– performance of diplomatic and consular functions, in particular within the framework of the activities of international organizations, of which Ukraine is a member or participant (at the request of or in agreement with the Ministry of Foreign Affairs and other central executive authorities, and state bodies responsible for fulfilling obligations arising from Ukraine’s membership in international organizations, according to the concluded international treaties of Ukraine).

It must be remembered that those who are on the streets at prohibited times can be considered members of enemy sabotage and reconnaissance groups.
Control over observance by persons of the curfew and the special regime of blackout is carried out by patrols subordinate to the commandant.
Military personnel of the Armed Forces of Ukraine, representatives of the territorial defense, representatives of the police, the National Guard of Ukraine and the State Border Guard Service of Ukraine, patrolling the city, during the curfew have the right to:

• check documents;
• carry out an inspection of the person and things in order to identify prohibited things, weapons;
• detain a person and bring them to law enforcement agencies;
• stop the vehicle and check the interior of the vehicle, cargo and personal belongings, documents of the driver and passengers;
• seize items from persons that are an instrument, means or subject of an offense;
• temporarily restrict or prohibit stay and movement on the streets and roads, certain areas of the area and other public places;
• apply measures of physical influence, weapons and special means in accordance with the law.

Failure to comply with a lawful order or demand from a patrol is punishable by a fine, community or correctional labor, or administrative arrest for up to 15 days.

If the violator resists, he faces a fine in the amount of UAH 17,000 to UAH 34,000 or imprisonment for up to 5 years.

It also provides for liability for the spread of false rumors that can cause panic among the population or disruption of public order, in the form of a fine or correctional labor.

Also, in order to establish a special blackout regime, measures are being taken to create conditions at night that complicate the identification of signs of the activity of troops, military facilities, as well as settlements, economic and public administration facilities from the air by visual observation or using optical instruments designed for visible light. emission area Blackout is set in partial or full blackout modes. Partial blackout is a preparatory period for the introduction of full blackout. With partial dimming, the level of illumination of work places in open aisles, driveways and territories of enterprises, institutions and organizations decreases due to turning off some of the lamps, installing low-power lamps or using voltage regulators.

Summing up, it should be noted that in the conditions of martial law in the territories where a curfew has been introduced, it is necessary to strictly observe the established rules.