The Ukrainian Supreme Court Clarified the Concept of an

February 17, 2025.

    On February 14, 2025, the Supreme Court of Ukraine provided clarification on the definition of an "urgent case" in the context of law enforcement entering a home without a prior court warrant. The Court emphasized that such actions are only permissible when there is a real threat to human life or health or an urgent need to prevent a crime from being committed. This decision aims to protect citizens' constitutional right to the inviolability of their homes and to prevent abuses by law enforcement agencies.
    
    "Chynnist Zakonu" asked lawyer Serhii Kryzhanivskyi to comment on this news. Here is what he said:
    
    The Supreme Court’s position is crucial for protecting citizens' rights, as the issue of entering a home without a court warrant always sparks debate regarding the limits of law enforcement powers.
    
    According to the Constitution of Ukraine, a person's home is inviolable, and without the owner's consent or a court ruling, entry is only allowed in exceptional cases. The Supreme Court has clearly defined such situations, which may include a threat to human life or health, the need to immediately stop a crime, or the pursuit of a criminal "in hot pursuit."
    
    This decision is critically important in protecting citizens from law enforcement abuses. There have been many cases where unlawful entry into a home has been used for illegal searches or to exert pressure on citizens. Clearly defining "urgent cases" helps prevent arbitrary actions and ensures compliance with the rule of law.
    
    I recommend that citizens, in the event of an attempted entry into their home without a court warrant, demand an explanation of the circumstances, document the situation on video if possible, and consult a lawyer. Knowing your rights is crucial to preventing their violation.