Prohibition as a method of legal regulation during the coronavirus pandemic in Ukraine

2023;
: 128-133

Цитування за ДСТУ: Кельман Р. (2023). Заборона як метод правового регулювання під час пандемії коронавірусу в Україні. Вісник Національного університету "Львівська політехніка". Серія: "Юридичні науки". Т. 10. № 3(39). С. 128-133.

Citation APA: Kelman R. (2023). Prohibition as a method of legal regulation during the coronavirus pandemic in Ukraine. Bulletin of Lviv Polytechnic National University. Series: Legal Sciences. Vol. 10, No. 3(39), pp. 128-133.  https://doi.org/10.23939/law2023.39.128

Authors:
1
Lviv Polytechnic National University, Educatinoal and Rasearch Institute for Law, Psychology and Innovative Education

Abstract. The spread of a new type of coronavirus infection, COVID-19, is no longer an emergency of international concern. This decision was adopted by the World Health Organization on May 5. The epidemic of coronavirus infection, which began at the end of 2019 in China, was declared by WHO in January 2020 as an emergency situation of international importance in the field of health care. After the epidemic spread to other countries, it was declared a pandemic in March 2020. Many countries resorted to unprecedented quarantine measures, which affected the world economy and people's lives. Lockdowns and a mask regime were introduced, borders were closed, and air traffic between countries was interrupted. After mass vaccination and the appearance of new, less lethal strains, the number of deaths decreased sharply - if in January 2021, about 100,000 people died of COVID-19 in a week, then in April 2023 - 3,500. The reduction in mortality made it possible to cancel most of the restrictive measures during 2022. According to the WHO, about 20 million people have become victims of the disease over the past three years and several months. These are all deaths related to infection. According to official data collected by the American Johns Hopkins Institute, the coronavirus infection itself caused the death of about 7 million people. WHO emphasizes that the virus has not disappeared, people continue to get sick, and the infection is likely to remain in the human population as a respiratory disease.

The role of the ban as a method of legal regulation during the coronavirus pandemic in Ukraine is studied. The legislative measures adopted in Ukraine to combat the spread of COVID-19 and their effectiveness are analyzed. The impact of bans on civil rights and freedoms is considered, and alternative methods of legal regulation are explored. As a result of the scientific investigation, recommendations were made regarding the optimal use of prohibitions during the coronavirus pandemic, taking into account the protection of public health and the preservation of civil rights and freedoms.

 The legislative measures adopted in Ukraine to combat the spread of the coronavirus are considered. Aspects such as banning mass events, closing non-residential premises, restricting the movement of the population and others are analyzed. The effectiveness of these measures in reducing the number of cases of the disease, as well as their impact on the dynamics of the spread of the virus, is being studied. The article analyzes how the bans affect freedom of movement, freedom of choice, freedom of religion and other basic civil rights. Issues related to restrictions on human rights and the possibility of violation of the guarantees provided for by the Constitution of Ukraine and international treaties are considered.

 Conclusions and recommendations regarding the optimal use of bans during the coronavirus pandemic in Ukraine are formulated. A conclusion was made about the effectiveness of the application of prohibitions as a method of legal regulation in the conditions of the pandemic. The bans have proven effective in reducing disease rates and limiting the spread of the virus.

The study is of great importance for the Ukrainian legal community, as it examines the issue of bans as a method of legal regulation in the context of the coronavirus pandemic. The results of the study can serve as a basis for further improvement of the legislation and the development of more effective strategies for combating pandemic threats, while preserving the rights and freedoms of citizens. The conclusions emphasize the need to continue research in this area and further search for optimal approaches to legal regulation during the pandemic, which would ensure the protection of public health, as well as the preservation of civil rights and freedoms in Ukraine.

1. Zadorozhnii O.V. Zahalna deklaratsiia prav liudyny.[Universal Declaration of Human Rights]. Ukrainska dyplomatychna entsyklopediia : u 2-kh t. / redkol.: L.V. Huberskyi (holova) ta in. Kyiv : Znannia Ukrainy, 2004. T. 1. 760 p. [in Ukrainian].

2. Korniievskyi O. Hromadianske suspilstvo v umovakh pandemii koronavirusu COVID-19: vyklyky ta perspektyvy rozvytku. [Civil society in the conditions of the COVID-19 coronavirus pandemic: challenges and prospects for development]. Natsionalnyi instytut stratehichnykh doslidzhen. URL: https://niss.gov.ua/news/statti/gromadyanske-suspilstvo-v-umovakh-pandem... (data zvernennia: 04.08.2021). [in Ukrainian].

3. Vsemyrnaia orhanyzatsyia zdravookhranenyia (2005) Mezhdunarodnыe medyko-sanytarnыe pravyla. Zheneva, 23 maia 2005 h. (http://zakon1.rada.gov.ua/laws/show/897_007). [in Russian].

4. Pres-sluzhba MOZ Ukrainy (2013a) Derzhavna sanitarno-epidemiolohichna sluzhba Ukrainy kontroliuie sytuatsiiu z mozhlyvoiu poiavoiu novoho koronavirusu v Ukraini. [The State Sanitary and Epidemiological Service of Ukraine is monitoring the situation with the possible emergence of a new coronavirus in Ukraine] MOZ Ukrainy, 14 travnia (http://www.moz.gov.ua/ua/portal/pre_20130514_3.html). [in Ukrainian].

5. Pres-sluzhba MOZ Ukrainy (2013b) Imunizatsiia — nevidiemne pravo liudyny na zdorove zhyttia [Immunization is an inalienable human right to a healthy life]. MOZ Ukrainy, 15 liutoho 2013 r. (http://www.moz.gov.ua/ua/portal/pre_20130214_1.html). [in Ukrainian].