As of today, an epidemic regime has not been introduced in Ukraine, which could officially legitimize compulsory vaccination. Nevertheless, in fact, there is compulsory vaccination in Ukraine. De jure, it was made mandatory for certain categories of professions, and de facto - for all Ukrainians.
For those who have not been vaccinated, there are severe restrictions. They are also illegal since the authorities did not impose a state of emergency, lawyers say.
But human rights violations could have been avoided (at least purely legally) if officials had followed the letter of the law rather than inventing a "hybrid bike".
Not so long ago, PM Denys Shmyhal said that there is no compulsory vaccination in Ukraine and will not be. Like, it is illegal and it is not found anywhere in the world. At the same time, adding that the Ministry of Health may introduce a list of professions whose representatives must be fully vaccinated. And he also reminded that vaccination is a way to avoid lockdown.
We have all repeatedly heard from the mouths of officials, deputies, the president about the raging coronavirus epidemic. But de jure the situation is different. The Public Health Center, a body responsible for epidemiological surveillance and, in particular, accounting, registration and monitoring of infectious diseases, in response to one of the journalistic inquiries, admitted that no epidemics were registered in Ukraine.
At the same time, as lawyer Rostyslav Kravets notes, the introduction of an epidemic regime becomes the basis for compulsory vaccination of the population.
"The absence of an epidemic is a circumstance that once again confirms that compulsory vaccination is illegal and that the Ministry of Health has exceeded its authority by issuing a list of professions subject to compulsory vaccination," the lawyer says in a commentary on 112ua.tv.
According to WHO terminology, an epidemic is an unexpected spread of a disease in one region, significantly higher than the incidence rate usually recorded in that territory. Recall that for the first time Covid-19 was diagnosed on March 3, 2020 in Chernivtsi, and on March 13, the first death was recorded. By today, we have approached the figure of 3.4 million infections and 80.2 thousand deaths as a result of coronavirus infection.
At the same time, from March 25, 2020, an emergency regime was introduced in Ukraine, which, according to the letter of the law, can be introduced if the normal living conditions and activities of people are violated, caused, in particular, by an epidemic.
We have also sent a request to the Public Health Center to find out on the basis of what the emergency regime was then introduced, if there is no epidemic in Ukraine. And as it turned out, the emergency regime in Ukraine was extended until December 31, 2021 "in order to eliminate the consequences of a medical and biological emergency of a natural character at the state level ...". How this difficult-to-pronounce designation differs from an epidemic and why the latter was never introduced in a country where one of the highest incidence and mortality rates from Covid-19 in the world was not explained in the CPC.
The authorities, urging Ukrainians to get vaccinated, motivate this by referring to Article 12 of the Law of Ukraine "On Protection of the Population from Infectious Diseases", as well as to the decision of the ECHR of April 2021, in which the European Court allegedly recognized compulsory vaccinations as completely legal. However, this is not true either.
The above article of the law regulates issues related to six diseases: tuberculosis, polio, diphtheria, whooping cough, tetanus and measles. In these cases, vaccination is really compulsory. But Ukrainian legislation does not say anything about the coronavirus vaccine: it is not legally classified as one of those infectious diseases that are subject to mandatory vaccination.
Common sense and arguments about the ECtHR decision are broken. So, according to lawyer Yuri Belous, firstly, it was not indicated which decision of the ECHR Viktor Lyashko had in mind. And secondly, if we take into account the decision of the ECHR in the case Vavřička vs the Czech Republic, the decision on which was adopted by the European Court in April of this year, then the European Court of Human Rights really came to the conclusion that compulsory vaccination, for which complained by the applicants, has a reasonable balance of proportionality to legitimate aims.
Moreover, Resolution No. 2361 of the Parliamentary Assembly of the Council of Europe (PACE) indicated the need to inform their citizens by the EU member states that vaccination is not compulsory and no one should exert political, social or other pressure on a person, forcing him to vaccinate if he doesn't want to. A person should not be discriminated against.
Teachers are the first bastion that had to collapse under the yoke of compulsory voluntary vaccination. She caught up with some of them back in August, right before the start of the school year. Today, in addition to teachers, compulsory vaccination applies to civil servants. And from December 9, employees of social security agencies, rehabilitation centers, factories, concerns and factories will also be included in the list of "lucky ones".
Meanwhile, many Ukrainians in social networks admit: they would not have been vaccinated if it were not for the tough restrictions that the government put them in front of. By and large, the government forces citizens to be vaccinated, limiting access to the benefits of civilization and to the profession.
According to the Constitution of Ukraine, the introduction of an emergency regime cannot limit the rights of people. This is the prerogative of a state of emergency - a regime that has not yet been introduced in Ukraine.
As noted by lawyers, restriction of freedom of movement is possible only in case of restrictions established by the Constitution of Ukraine (Article 64) - in conditions of martial law or a state of emergency.
And since the Basic Law of Ukraine was ignored, the fact of a ban on travel without a covid document is not legal and violates the rights and freedoms of Ukrainians. In particular, Article 33 of the Constitution, which guarantees the citizens of Ukraine freedom of movement.
Now he has two choices - pay a huge fine or hire a lawyer and go to court with the state.
By establishing such restrictions, the Cabinet of Ministers and the Ministry of Health also went beyond their powers. After all, restrictions can be established not by the Ministry of Health, but by the chief sanitary doctor, and in the manner prescribed by law.
At the same time, as experts note, all four actions are mandatory and chronological. That is, until the first and second actions are completed, the fourth cannot take place. At the same time, we remind you that all this is possible only under conditions of martial law and a state of emergency.
Hard? Yes, but these are important mechanisms if the country wants to follow the law. And the workarounds that the authorities have chosen for themselves in the context of Covid-19 only exacerbated the situation, creating a blooper on a blooper. We no longer touch upon the feasibility of these restrictions from a scientific point of view - are they effective for fighting disease, etc.
As a result, we have an illegal quarantine, in which the government forces citizens to live. Those who do not adhere to illegal orders are fined, and those who publicly point out violations are judged (like Ostap Stakhiv).
This situation has shown that people are slowly beginning to understand their rights and learn to defend them. They submit applications to the courts, enter into discussions with representatives of law enforcement agencies, whose powers, by the way, do not even include the establishment of violations of the quarantine rules.
At the same time, the authorities have created a situation where Ukrainians are forced to quarrel among themselves because of restrictions. You have probably heard more than once how when entering a cinema or a local coffee shop, visitors argue with their employees, who, in order to keep their jobs, are forced to follow the orders of local authorities and business owners. Some indicate not illegality, the latter simply protect their business, which is already difficult to live in conditions of almost two years of quarantine.