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Name of Ukraine

DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE

of September 8, 2016 No. 6-rp/2016

On case on the constitutional representation of the Representative of the Verkhovna Rada of Ukraine on human rights concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of part five of article 21 of the Law of Ukraine "About liberty of conscience and the religious organizations" (case on the advance notice on holding public church services, religious practices, ceremonies and processions)

Case No. 1-13/2016

Constitutional court of Ukraine consisting of judges:

Baulin Yury Vasilyevich - the chairman,

Vdovichenko Sergey Leonidovich,

Gultaya Mikhail Miroslavovich,

Zaporozhets Mikhail Petrovich,

Kasminin Alexander Vladimirovich,

Kolesnik Victor Pavlovich,

Litvinov Alexander Nikolaevich,

Melnik Nikolay Ivanovich,

Moysyk Vladimir Romanovich,

Sasa Sergey Vladimirovich,

Slidenko Igor Dmitriyevich,

Tupitsky Alexander Nikolaevich,

Shaptala Natalya Konstantinovna,

Shevchuk Stanislav Vladimirovich - the speaker,

No. 987-XII considered at plenary meeting case on the constitutional representation of the Representative of the Verkhovna Rada of Ukraine on human rights concerning compliance of the Constitution of Ukraine (constitutionality) of provisions of part five of article 21 of the Law of Ukraine "About liberty of conscience and the religious organizations" of April 23, 1991 (Sheets of the Supreme Council of RSFSR, 1991, No. 25, the Art. 283) with changes.

Reason for consideration of the case according to Articles 39, 40 Laws of Ukraine "About the Constitutional Court of Ukraine" became the constitutional representation of the Representative of the Verkhovna Rada of Ukraine for human rights.

The basis for consideration of the case according to article 71 of the Law of Ukraine "About the Constitutional Court of Ukraine" is statement of the person of law on the constitutional idea of illegality of provisions of part five of article 21 of the Law of Ukraine "About liberty of conscience and the religious organizations" of April 23, 1991 No. 987-XII with changes.

Having heard the judge-speaker Shevchuk S. V. and having researched case papers, including line items of the President of Ukraine, the Chairman of the Verkhovna Rada of Ukraine, the Ministry of Internal Affairs of Ukraine, the Ministry of Culture of Ukraine, the Ministry of Justice of Ukraine, the Security Service of Ukraine, the Supreme administrative court of Ukraine, the Kiev city public administration, the Ukrainian Helsinki union on human rights, All-Ukrainian council of Churches and the religious organizations, Institute of religious freedom, the national adviser for legal issues of the Project coordinator of OSCE in Ukraine, scientists of the Kiev national university of Taras Shevchenko, the Lviv national university of Iván Franco, National academy of internal affairs, national legal university of Yaroslav the Wise, the Uzhhorod national university, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation is the Representative of the Verkhovna Rada of Ukraine for human rights - appealed to the Constitutional Court of Ukraine with the petition to consider question of compliance of the Constitution of Ukraine (constitutionality) of provisions of part five of article 21 of the Law of Ukraine "About liberty of conscience and the religious organizations" of April 23, 1991 No. 987-XII with changes (further - the Law).

According to provisions of the article 21 "Religious Practices and Ceremonies" of the Law the religious organizations have the right to base and contain freely available places of church services or religious meetings, and also the places esteemed in this or that religion (the place of pilgrimage) (part one); church services, religious practices, ceremonies and processions are freely held in cult buildings and in the adjacent territory, in places of pilgrimage, organizations of the religious organizations, at cemeteries, in places of separate burials and crematoriums, apartments and houses of citizens, and also in organizations, the organizations and at the companies for initiative of their labor collectives and with the consent of administration (part two); command of military units gives opportunity to the military personnel to participate in church services and accomplishment of religious practices (part three); church services and religious practices in hospitals, hospitals, nursing homes and disabled people, places of pre-trial detention and serving sentence are held at the request of the citizens who are in them or at the initiative of the religious organizations; the administration of the specified organizations promotes it, participates in determination of time and other conditions of holding church service, ceremony or ceremonies (part four).

According to provisions of part five of article 21 of the Law in other cases public church services, religious practices, ceremonies and processions are held every time with the permission of the relevant local public administration, executive body of village, settlement, city council; the petition for issue of the specified permission moves not later than ten days to the appointed term of holding church service, ceremony, ceremony or procession, except cases, being urgent.

According to the author of the petition, provision of part five of article 21 of the Law "contradict the constitutional instructions about holding the peaceful assemblies enshrined in article 39 of the Constitution of Ukraine as establish allowing procedure instead of notifying".

2. Constitutional court of Ukraine, resolving the question which is brought up in the constitutional representation, proceeds from the following.

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