Since 2022, Ukrainians have been living under martial law. One of the most tangible restrictions for the civilian population has been the curfew — a prohibition on being outside at designated times of the day. This constantly raises questions: who introduces it, how to comply with it, what documents must be carried, and most importantly — what liability is provided for violations.

In this article, we will consider what curfew is from a legal point of view, which regulations govern it, how exactly it is implemented, what exceptions exist, and what awaits those who violate it.

Legal grounds for the introduction of curfew in Ukraine

According to paragraph 5 of part one of Article 8 of the Law of Ukraine “On the Legal Regime of Martial Law,” curfew is defined as a prohibition on being outdoors and in other public places during a specified period of the day without specially issued passes and identification documents. This measure is aimed at minimizing risks for the civilian population and maintaining public order under martial law.

The procedure for introducing and enforcing curfew is regulated by the Resolution of the Cabinet of Ministers of Ukraine dated July 8, 2020, No. 573 “Issues of Introducing and Implementing Certain Measures of the Legal Regime of Martial Law.” According to this resolution, the decision to introduce curfew is made by the military command or military administration (if established) and communicated to the public through local authorities and the media.

Procedure for introduction and compliance with curfew

The order introducing curfew contains:

• The time during which curfew is in force: specifies the period of the day when the restriction applies.

• Territorial boundaries: indicates the territory where the curfew is imposed.

• Appointment of a commandant: the person responsible for enforcing and controlling the curfew.

• Regulation of transport movement: regulates the movement of railway, automobile, sea, river, and air transport.

• Functioning of the commandant’s office and checkpoints: determines their locations and procedures.

During curfew, it is prohibited to be on the streets and in other public places without specially issued passes. Passes are issued by the commandant’s office and are valid only within the area where the curfew has been established. They are required for persons who have justified reasons to be outside during prohibited hours, for example, to perform official duties.

Liability for violating curfew

Currently, there is no separate article in the Code of Ukraine on Administrative Offenses that specifically provides liability for violating curfew. However, individuals may be held liable on general grounds. In particular, for malicious disobedience to the lawful order or demand of a representative of authority, a member of a public formation for the protection of public order, or a serviceman participating in public order protection, liability is provided under Article 185 of the Code of Ukraine on Administrative Offenses. Sanctions under this article include a fine ranging from 136 to 255 hryvnias, community service from 40 to 60 hours, corrective labor from one to two months with deduction of 20% of earnings, or administrative arrest for up to 15 days.

If a person resists a representative of authority while performing official duties, this may be qualified under Article 342 of the Criminal Code of Ukraine. Punishment under this article ranges from a fine to imprisonment for up to five years, depending on the degree of resistance and the consequences.

Comparison with international practice

Curfew is applied in various countries of the world during emergencies. For example, in Greece during the COVID-19 pandemic, curfew was in effect starting March 23, 2020. Citizens were allowed to leave their homes only for valid reasons such as work, going to a store, pharmacy, or doctor, and they had to carry appropriate documents. A fine of 150 euros was imposed for violations.

In the United States of America, curfew was introduced at the level of individual cities or states during mass riots or natural disasters.

Enforcement of curfew

During curfew, order in cities is maintained by patrols — these may include servicemen, law enforcement officers, State Emergency Service employees, or National Guard members. Their main purpose is to prevent potential threats and detect suspicious persons who may pose a security risk.

The patrol has the right to stop a person found in a public place during prohibited hours, demand presentation of documents and a pass, and in the absence of such — detain the person to establish identity. If necessary, patrol officers may conduct a superficial inspection of belongings or a search of a vehicle. Such measures are not a violation of citizens’ rights under martial law; on the contrary, they are provided by current legislation as a preventive security mechanism.

It is important to understand that enforcement during curfew is not only about punishment but primarily about prevention. Due to enhanced control, law enforcement can promptly respond to potential threats — from sabotage groups to ordinary looting, which in wartime can have extremely dangerous consequences.

Passes: who and how receives them

Citizens who have a justified need to be outdoors during curfew must obtain a special pass. These documents are issued by the commandant’s office — an authority created locally.

The pass indicates:

• the validity period of the document;

• the territory it covers;

• the citizen’s personal data;

• the reason for issuance.

To obtain a pass, a person must provide documents confirming the need to be outdoors at night (for example, a work certificate, order from a public authority, power of attorney, etc.). For example, a driver transporting humanitarian cargo at night may obtain such a pass.

What happens if you violate curfew

Currently, there is no separate article in the Code of Ukraine on Administrative Offenses that specifically provides liability for violating curfew. Most often, patrols act preventively — they warn citizens and explain the nature of the violation. However, individuals may be held liable on general grounds. In some cases, especially if a person resists, fails to provide documents, or demonstrates aggression, a protocol on an administrative offense under Article 185 of the Code of Ukraine on Administrative Offenses may be drawn up. Punishment under this article ranges from a fine to arrest for up to 15 days.

If a person begins to resist the patrol or uses physical force, this falls under Article 342 of the Criminal Code of Ukraine. In such cases, stricter punishment is provided: from a fine to imprisonment for up to five years.

In particular, judicial practice in Ukraine already contains examples of bringing to liability for ignoring curfew rules. For example, in Kharkiv region, a man who systematically was outdoors at night without valid reasons was fined and required to perform community service.

Despite the fact that curfew is an inconvenience for many citizens, it should not be forgotten that its main purpose is to protect people’s lives and safety. In conditions of full-scale war, such measures are justified and in no way can be considered as unjustified restriction of human rights. They have clear legal justification, time limits, and are applied only in exceptional cases.

Moreover, the effectiveness of curfew has been repeatedly confirmed in practice. During martial law, it was possible to reduce the number of sabotage incidents, detain enemy agents, and prevent illegal actions precisely because only those with legal grounds are allowed to be outside at night.

Curfew is one of the key instruments for ensuring security during wartime. It has a clear legal basis, a defined procedure for introduction, enforcement mechanisms, and liability for violations.

If you have any questions about this, you can always contact our military lawyers — we work to ensure that the law serves to protect citizens, even in the most difficult times.