Ukraine’s Constitutional Court repeals USSR-era requirement to obtain permits for religious meetings

The Constitutional Court of Ukraine ruled unconstitutional the provision on advance notice of holding public worship, religious rites, ceremonies and processions of the Law of Ukraine “On Freedom of Conscience and Religious Organizations.”

Human Rights Information Centre learnt this from the press service of the Ukrainian Parliament Commissioner for Human Rights.

The Court considered the issue on submission of the Ombudsperson.

October 26, 2015, Ukrainian Ombudsperson Valeria Lutkovska appealed to the Constitutional Court of Ukraine with a proposal to recognize the provisions of Part 5 of Article 21 of the Law of Ukraine “On Freedom of Conscience and Religious Organizations” as such that do not comply with the provisions of Article 39 of the Constitution of Ukraine.

As noted in the submission of the Commissioner, any public worship, religious rite, ceremony, and procession, which are peaceful assemblies by nature, should be governed by Article 39 of the Constitution of Ukraine. This means that such activities should be subject to prior notifying of the executive authority or local self-government and restrictions on the exercise of this right may be established solely by the court.

Whereas Article 21 of the Law of Ukraine “On Freedom of Conscience and Religious Organizations” stipulates a permissive nature, obviously contrary to the provisions of Article 39 of the Constitution of Ukraine.

According to the Institute of Religious Freedom, the court’s decision of September 8 was read out today by Chairman of the Constitutional Court of Ukraine Yuri Baulin in the presence of representatives of the All-Ukrainian Council of Churches and Religious Organizations, the Institute of Religious Freedom, the other members of the public and journalists.

“Different procedure for holding peaceful assemblies depending on organizers and participants, purpose and place, form cannot be set in a democratic, rule of law state. That is, in some cases, authorities require permit, while in others just an advance notice of the intention to conduct such meeting,” the court ruling says.

Having analyzed the provisions of the Constitution and laws of Ukraine, the European Convention on Human Rights, the conclusions of the scientific and non-governmental organizations, the position of the authorities, the Constitutional Court concluded that provisions of Part 5 of Article 21 of the Law of Ukraine “On Freedom of Conscience and Religious Organizations” and the Decree of the Presidium the Supreme Soviet of the USSR dated 28 July 1988, No. 9306 on the procedure for organizing and holding meetings, rallies, marches and demonstrations in the USSR do not comply with the Constitution of Ukraine.

The abovementioned provisions are considered unconstitutional, null and void upon the date of adoption of this decision. The ruling of the Constitutional Court of Ukraine is binding on the territory of Ukraine, is final and not appealable.