Monitoring of the Constitutional Right to Leave under Martial Law by the Ukrainian Ombudsman

The article reveals the role of the Ukrainian Parliament Commissioner for Human Rights in exercising parliamentary control over the observance of the constitutional right to leave. It is noted that the Ombudsman of Ukraine is an integral element of the constitutional system of protection of human and civil rights and freedoms, whose activities are characterised by a high constitutional status, independence from any body and the possibility of direct appeal by the general public. It is noted that the exercise of the right to leave is a biological necessity for a person to restore his/her working capacity and meet vital needs; failure to exercise this right, even under martial law, may adversely affect a person’s health and life. The article identifies the inability of employees to fully exercise their right to leave for various reasons. The inability of employees to properly exercise their right to leave in accordance with the provisions of the Law of Ukraine “On Overcoming Tuberculosis in Ukraine” due to the failure to adopt by-laws is established. The emphasis is placed on the violation of the right of pregnant women to postpone the start of maternity leave due to the late adoption of a departmental regulatory document. The grounds for the Ombudsman of Ukraine’s appeal to the Constitutional Court of Ukraine on the unconstitutionality of certain provisions of the Law of Ukraine “On the Organisation of Labour Relations under Martial Law” are revealed. The requirements to be met by a constitutional petition are emphasised. It is proved that the right to file a constitutional petition is the right of the Ombudsman of Ukraine. It is also proven that the activities of the Ombudsman of Ukraine complement the existing means of protection of constitutional rights and freedoms of man and citizen, do not cancel them and do not entail a review of the competence of state bodies which ensure protection and restoration of violated rights and freedoms.