ANALYSIS OF RESTRICTIONS ON THE RIGHT TO FREE MOVEMENT OF RESIDENTS OF ORDLO: RESPONSIBILITY FOR ILLEGAL CROSSING OF THE STATE BORDER AND JUDICIAL PRACTICE

Abstract

The article, based on the analysis of scientific views of scientists, explores the concept of the right to free movement, clarifies the nature and features of the state of restriction of this right, developed pro-posals and recommendations on mechanisms to ad-dress the problem of restriction of free movement at the national level.
In order to solve the problem of the free movement of residents of ORDLO, who found themselves dependent on the existing situation, it is necessary to introduce changes at the legislative level regarding the abolition of administrative responsibility for the forced crossing of the state border from the temporarily occupied territory through the Russian Federation to the territory under the control of the Ukrainian Government. Therefore, we believe that it is necessary to make legislative changes to Law No. 5478 dated 11.05.2021 with the following content: "To establish that citizens of Ukraine who live in the temporarily occupied territories of Ukraine for the period of quarantine or during the blocking the activity of entry-exit control points shall not be subject to administrative fines and measures of influence for administrative offenses related to violation of the order of entry into or exit from the temporarily occupied territory of Ukraine."
Thus, the adoption of the relevant amendments to the Law will allow the establishment of additional guarantees by the state regarding the observance of the rights and freedoms of citizens of Ukraine who, based on the circumstances, regardless of their will, are forced to violate the legislation of Ukraine in terms of the procedure for entry and exit to the temporarily occupied territory of Ukraine.
It is important to note that this study was conducted before the start of a full-scale war on the part of the Russian Federation on February 24, 2022, so it did not take into account the factors of the state of war, which will be the subject of scientific analysis in the future.

Keywords: freedom of movement, restriction of the right, temporarily occupied territories, inhabit-ants of separate areas of Donetsk and Luhansk areas, the resolution on an administrative offense.