The court canceled the government’s procedure for officials to travel abroad: what it means and why it does not change the rules for men
5 November 16:17
The Sixth Administrative Court of Appeal has ruled that the Cabinet of Ministers’ resolution regulating the procedure for MPs, officials and officials to travel abroad during martial law was illegal.
The decision caused a wide resonance, as it was a document that actually established special rules for certain categories of citizens.
Legal significance
In the commentary
“The court actually recognized that the government went beyond its powers when it created a special ‘individual’ mechanism of permits for MPs and officials,” the lawyer said.
According to him, the court’s ruling emphasizes the constitutional principle of equality of citizens before the law: even public officials cannot enjoy privileges not provided for by law.
“Legally, this decision may result in the abolition of selective approaches to granting travel permits for officials. But it does not mean an automatic right to travel for men of military age – the general restrictions established by law remain in force,” Kasyanenko explained.
Thus, the court confirmed the rule of law: the government has no authority to regulate the rights of citizens outside the law.
Political reaction
Political analyst Ruslan Bortnik in a commentary
“This ruling will cause irritation in society, because it turns out that MPs of all levels, even those who are liable for military service, are no longer limited by government rules that apply to all Ukrainians,” the expert said.
At the same time, he noted that the decision could become a precedent for other categories of the population.
“If the court finds that the government’s restrictions on MPs are illegal, it may weaken the government’s legal position with regard to other persons liable for military service. If the ruling stands, there will be a wave of similar lawsuits to cancel government decisions on departures,” Bortnik explained.
According to the analyst, this could “open an Overton window” or “Pandora’s box” – calling into question the entire system of government regulation of travel abroad during martial law.
What it means for citizens
The decision does not change the current rules for crossing the border for men of military age.
It only concerns the legality of the government’s resolution on the special procedure for officials.
The government may appeal the decision to the Supreme Court, so the final legal position is not yet clear.
