Since February 24, 2022, certain restrictions have been introduced throughout Ukraine to ensure the legal regime of martial law. Among these restrictions is the authority to check citizens’ identification documents.
This is provided for in Article 8 of the Law of Ukraine “On the Legal Regime of Martial Law”. According to paragraph 7 of this article, one of the measures under the legal regime of martial law is the verification of documents of individuals and, if necessary, the inspection of their belongings, vehicles, baggage and cargo, office premises, and private homes, except for limitations established by the Constitution of Ukraine.
What are the legal grounds for document checks during martial law?
The procedure for checking individuals’ documents, inspecting their belongings, vehicles, baggage and cargo, as well as office premises and citizens’ homes during the implementation of measures related to the martial law regime, was approved by Resolution No. 1456 of the Cabinet of Ministers of Ukraine dated December 29, 2021.
This document clearly defines that document checks may be carried out only under certain conditions.
The grounds for document verification include the following circumstances:
- The individual has external features similar to those of a wanted or missing person.
- There are reasonable suspicions that the person has committed or intends to commit an offense.
- The person is on a territory or at a facility with a special access regime.
- The individual is found with weapons, ammunition, narcotic substances, or other items with restricted or prohibited circulation.
- The person is located at the scene of a criminal or administrative offense, a traffic accident, or another emergency event.
- The individual has violated restrictions established in the territory where the legal regime of martial law is in effect.
What technical means may be used during document checks?
During document verification, authorized officers may use technical devices and equipment to detect explosive materials and other substances with restricted or prohibited circulation. They may also use photo, audio, and video recording tools.
Equally important is the issue of inspecting homes, premises, cargo, vehicles, and baggage during martial law, as well as ensuring that such inspections are conducted lawfully. Our lawyers will be happy to assist you and protect your rights.
