2022-01-10T14:38:00+02:00 Politics 2024-09-15T08:01:36+03:00

Ukrainian news

Court Recognizes That Drugs For Coronavirus Are In Clinical Trials On Patients In Order To Study Their Effecti

Court Recognizes That Drugs For Coronavirus Are In Clinical Trials On Patients In Order To Study Their Effectiveness And Safety

The Illichivskyi City Court of Odesa region recognized that drugs for coronavirus are in the stage of clinical trials on patients in order to study their effectiveness and safety.

This is stated in the court's decision, Ukrainian News Agency reports.

The plaintiff, who works at the Center for Out-of-School Education of the Chornomorskyi City Council of Odesa district of Odesa region as the head of the Floristica fine arts hobby group, asked the court to cancel the order of its director "On suspension from work" without pay.

The plaintiff noted that she applied to the director to refuse to participate in medical experiments (vaccination against COVID-19).

The court, based on the Basic Law, noted that state bodies do not have the authority to go beyond the norms of the Constitution, even if they are guided by the law, since the law should also not contradict the Constitution.

Any bodies or officials of the state, other than the Constitutional Court, do not have the authority to interpret the content of legislation.

Also, according to Article 60 of the Basic Law, no one is obliged to carry out clearly criminal instructions or orders.

The court analyzed the procedure for introducing quarantine in Ukraine.

And although the quarantine is established and canceled by the Cabinet of Ministers, it is not absolutely free in this matter.

The issue of establishing quarantine is raised before the Cabinet of Ministers by the central executive body that ensures the formation of state policy in the field of healthcare (the Ministry of Health), on the proposal of the Senior Medical Officer.

The powers of the Senior Medical Officer to initiate quarantine arise only when a state of emergency is introduced in Ukraine (Article 40 of the Law "On Ensuring the Sanitary and Epidemic Well-Being of the Population").

The state of emergency has not been introduced in Ukraine.

The Constitutional Court emphasized that limitation of constitutional rights is possible in cases determined by the Constitution.

Such a restriction can be established exclusively by a law adopted by the Verkhovna Rada.

So, according to the court, the current Cabinet of Ministers decree of December 9, 2020 No. 1236 "On the establishment of quarantine and the introduction of restrictive anti-epidemic measures in order to prevent the spread in Ukraine of the acute respiratory disease COVID-19 caused by the SARS-CoV-2 coronavirus" is illegal and is not enforceable.

It was noted that each person is obliged to refuse to comply with the government decree on the introduction of quarantine, as well as the order of the Ministry of Health No. 2153 of October 4, 2021 "On the approval of the List of professions, industries and organizations, workers subject to mandatory preventive vaccinations."

The court noted that no person, without his free consent, can be subjected to medical, scientific or other experiments.

According to the Resolution of the Parliamentary Assembly of the Council of Europe No. 2361 of January 27, 2021 "Vaccines against Covid-19: ethical, legal and practical considerations", vaccinations against COVID-19 are optional.

“Ensure that citizens are informed that vaccination is not mandatory and that no one is subjected to political, social or other pressure to vaccinate themselves if they are unwilling to do so ... Ensure that no one is discriminated against for the fact that he was not vaccinated due to possible health risks or unwillingness to get vaccinated," the resolution says.

After examining the orders of the Ministry of Health No. 1576 dated July 27, 2021, No. 1585 dated July 29, 2021, No. 1599 dated July 29, 2021, No. 1709 dated August 10, 2021, No. 2148 dated October 4, 2021, the court concluded that drugs for coronavirus are "at the stage of clinical trials on patients in order to study them to assess the effectiveness and safety."

Consequently, clinical trials of medicines on citizens without their free consent with the use of any means of coercion are illegal.

According to Article 12 of the Law "On Protection of the Population from Infectious Diseases", Article 27 of the Law "On Ensuring Sanitary and Epidemic Well-Being of the Population" and the calendar of preventive vaccinations in Ukraine, approved by order of the Ministry of Health No. 595 of September 16, 2011, preventive and mandatory vaccinations include vaccinations against pertussis, measles, poliomyelitis, tetanus, and tuberculosis.

It is noted that this list is exhaustive.

"Vaccination against COVID-19 does not belong to the list of preventive and mandatory vaccinations and cannot be the basis for suspension a person from work in the case of his justified refusal to participate in the experimental vaccination against COVID-19," the court's decision says.

Also, the suspension of employees in the case of refusal from mandatory vaccinations occurs only in the manner prescribed by law, and not by a bylaw or order of the head of a ministry, enterprise or organization.

The court ruled, obliging the Center for Out-of-School Education to resume the plaintiff at work and to recover in favor of the plaintiff the average earnings during the suspension in the amount of UAH 18,200.

The decision was made on December 20.

As Ukrainian News Agency earlier reported, in December 2021, President Volodymyr Zelenskyy, in response to a petition to abolish "voluntary-mandatory" vaccination, said that the measures taken by the authorities were in accordance with current legislation.

The initiator of the petition, Yurii Akhrameiko, asked Zelenskyy to completely abolish quarantine, "senseless" mask regime and vaccination, "which has already become mandatory" for some segments of the population.

In October 2021, the Kyiv District Administrative Court received a lawsuit against the Ministry of Health to cancel the order approving the list of professions whose employees are subject to mandatory vaccination.

In November, the Kyiv District Administrative Court received a lawsuit to abolish the verification of vaccination certificates in public places.

In December, four employees of the State Space Agency appealed to the District Administrative Court of Kyiv against their suspension from work due to absence of vaccination against coronavirus.