In Chernihiv region, unconstitutional decisions of the city council that restrict the right to freedom of peaceful assembly are being appealed

In the Chernihiv region, a court is considering an illegal decision of the Executive Committee of the Mensk City Council “On determining places for holding mass events”.

As part of the “For a Peaceful Protest!” Initiative, the head of the Chernihiv Public Committee for the Protection of Human Rights Viktor Tarasov demands the abolition of regulatory legal acts that restrict the freedom of peaceful assembly in the region. In particular, these decisions of the local government determine “places for holding meetings, rallies, demonstrations and other mass events” that are “recommended” to citizens.

According to human rights activists, these regulatory legal acts contradict the Constitution of Ukraine and the European Convention on Human Rights, as they limit the ability of citizens to express their opinion on certain issues, to state their problem, thus not having the opportunity to directly address the addressees of their demands.

In particular, Article 39 of the Constitution of Ukraine and Article 11 of the Convention, the decision of the Constitutional Court of Ukraine No. 4-рп/2001 of April 19, 2001 establish an exhaustive list of grounds for restricting the exercise of the right to freedom of peaceful assembly, which are established only by the court and in accordance with the law.

“Neither the Constitution of Ukraine nor any law of Ukraine provides that the executive committee of a local council may adopt decisions that are of a “recommended” nature,” public activists note.

The trial of the case on the appeal of the decisions of the Executive Committee of the Mensk City Council is scheduled for March 6, 2013 at 4:00 PM in the Mensk District Court of Chernihiv Oblast (Mena, Lenina St. 146-A, courtroom).

Additional information:

Viktor Tarasov, Chernihiv Public Committee for the Protection of Human Rights,

Coordinator of the Initiative “For a Peaceful Protest!” in Chernihiv Oblast,

Tel. (0462) 625-381; mob.: (067) 715-77-39;

E-mail: protection.ua at gmail.com