DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of April 19, 2001 No. 4-rp/2001

On case on the constitutional representation of the Ministry of Internal Affairs of Ukraine on official interpretation of provision of part one of article 39 of the Constitution of Ukraine on the advance notice of executive bodies or local government bodies on holding meetings, meetings, campaigns and demonstrations (case on the advance notice on peaceful assemblies)

Case No. 1-30/2001

NAME OF UKRAINE

Constitutional court of Ukraine as a part of judges of the Constitutional Court of Ukraine:

Victor Egorovich's buffoons - the chairman,

Voznyuk Vladimir Denisovich,

Ivashchenko Vladimir Ivanovich,

Kozyubra Nikolay Ivanovich,

Kostitsky Mikhail Vasilyevich,

Malinnikova Lyudmila Fiodorovna,

Mironenko Alexander Nikolaevich,

Rozenko Vitaly Ivanovich,

Savenko Nikolay Dmitriyevich,

Selivon Nikolay Fedosovich,

Timchenko Ivan Artemyevich - the judge-speaker,

Silent Vladimir Pavlovich,

Chubar Lyudmila Panteleevna,

Shapoval Vladimir Nikolaevich,

Yatsenko Stanislav Sergeyevich,

considered at plenary meeting case on official interpretation of provision of part one of article 39 of the Constitution of Ukraine on the advance notice of executive bodies or local government bodies on holding meetings, meetings, campaigns and demonstrations.

The constitutional representation of the Ministry of Internal Affairs of Ukraine became reason for consideration of the case according to articles 39, of 41 Law of Ukraine "About the Constitutional Court of Ukraine".

The basis for consideration of the case according to article 93 of the Law of Ukraine "About the Constitutional Court of Ukraine" is practical need for official interpretation of provision of part one of article 39 of the Constitution of Ukraine about the advance notice of executive bodies or local government bodies about holding meetings, meetings, campaigns and demonstrations.

Having heard the judge-speaker Timchenko I. A. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation - the Ministry of Internal Affairs of Ukraine - appealed to the Constitutional Court of Ukraine with the petition to give official interpretation of provision of part one of article 39 of the Constitution of Ukraine about the advance notice of executive bodies or local government bodies about holding meetings, meetings, campaigns and demonstrations.

In the constitutional representation it is specified that according to article 39 of the Constitution of Ukraine citizens have the right to gather peacefully, without weapon and to hold meetings, meetings, campaigns and demonstrations on which carrying out executive bodies or local government bodies are beforehand informed. At the same time it is noted that the specific term during which it is necessary to inform executive bodies or local government bodies on carrying out the specified shares is not established by the current legislation of Ukraine. Affirms as the constitutional representation that some organizers of such shares "beforehand" treat term as such which provides only "preliminary informing" relevant organs on holding meetings, meetings, campaigns and demonstrations. Cases when similar information goes to executive bodies or local government bodies one day before the beginning of mass actions, and sometimes - in several hours are frequent.

As, according to the person of law on the constitutional representation, part two of article 39 of the Constitution of Ukraine provides restriction of realization of the right of citizens by court for holding peaceful assemblies, meetings, campaigns and demonstrations (according to the law and only for the benefit of homeland security and public order - for the purpose of prevention of conflicts or crimes, for public health care or protection of the rights and freedoms of other people), the solution of this question in practice needs certain time. In particular, it is noted in the constitutional representation, for this period it is necessary to find out conditions of holding mass actions, their compliance to the current legislation and to determine need of attraction of certain forces and means of law and order and so forth. With respect thereto also "the deadline of time to which submission of messages on intention to hold the specified events their organizers is possible" shall be established.

2. Constitutional court of Ukraine, considering question of rather official interpretation of provision of part one of article 39 of the Constitution of Ukraine of the advance notice of executive bodies or local government bodies of holding meetings, meetings, campaigns and demonstrations - mass peaceful assemblies, proceeds from it.

According to part three of article 8 of the Constitution of Ukraine regulations of the Constitution of Ukraine are regulations of direct action. They are applied directly irrespective of whether the relevant laws or other regulatory legal acts are adopted in their development.

The right of citizens to gather peacefully, without weapon and to hold meetings, meetings, campaigns and demonstrations, enshrined in article 39 of the Constitution of Ukraine, is their inaliennable and indestructible right guaranteed by the Fundamental Law of Ukraine.

This right is one of the constitutional guarantees of the right of the citizen to freedom of the outlook and religion, thought and the word, on free expression of the views and beliefs, on use and distribution of information orally, in writing or in a different way - at the choice, the rights to free development of the personality and so forth. When implementing these rights and freedoms there shall not be infringement of the rights and freedoms, honor and advantage of other people. Under the Constitution of Ukraine (Article 68) everyone shall be observed steadily the Constitution and the laws of Ukraine. Hold meetings, meetings, campaigns and demonstrations citizens can on condition of the obligatory advance notice on it of executive bodies or local government bodies. Such notice shall be performed by citizens through organizers of mass meetings. The advance notice of relevant organs on holding these or those mass meetings is term of day of such notice before date of mass meeting.

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