Creating a comprehensive peaceful assembly law for Ukraine: Idea and ideal

Abstract

The right to freedom of peaceful assembly is guaranteed by Article 39 of the Ukrainian Constitution. However, there is no stand-alone law or case law that defines, regulates and supports the process of organizing and conducting peaceful assemblies. This is largely due to the fact that until the 2014 Maidan Revolution (Euromaidan), Ukraine’s history was one of autocratic rule. This article argues that given this historical context, secondary legislation is needed to safeguard this freedom and entrench it into Ukrainian legal culture. The idea of the right to peaceful assembly is sacrosanct. This article analyses the key elements needed to transform this idea into an ideal law. For example, any such legislation should follow the spirit of the European Convention of Human Rights (ECHR), especially in the area of limitations of the personal freedom. Ukraine has moved forward on a broad reform agenda including reforms of the judiciary in order to create an independent and competent court system. It is widely recognized that such a system is needed to fight widespread corruption. The article argues that now is the time to enact a law on peaceful assembly in order to elevate Ukraine’s legal system to EU and international standards.