Differentiation of the limits and ways of restricting the freedom of peaceful assembly under martial law in light of the requirements of the Convention for the Protection of Human Rights and fundamental freedoms

It is indicated that the right to peaceful assembly as a fundamental democratic value and a necessary condition for the stable development of society, despite the established idea of the possibility of its restriction under conditions of martial law or a state of emergency, demonstrates viability even in wartime, which is confirmed by the practice of Ukrainian society. In view of this, the regulation of the procedure for exercising the right to peaceful assembly during martial law or a state of emergency requires significantly greater flexibility with a carefully thought-out system of differentiated restrictions on this right. In the article, the author in light of the principle of the rule of law interpreted the provisions of the Constitution of Ukraine on the freedom of peaceful assembly and on the possibility of its restriction during martial law, bearing in mind the requirements of the Convention for the Protection of Human Rights and Fundamental Freedoms regarding the freedom of peaceful assembly and the limits of derogation from obligations to observe it. The author determined that threats to national security, territorial integrity and public order may be an obstacle to the enjoyment of the freedom of peaceful assembly in view of the actual parameters of the security environment and the possibility of sustainable functioning of society in a specific territory (severity of the situation) at a given time. Freedom of peaceful assembly also imposes positive obligations on states, including on enabling peaceful assemblies by preventing or minimizing acts of violence against participants in peaceful assemblies (presence of first aid services at the site of demonstrations, etc.). In light of this, the author concluded that one of the options for determining the method of implementing the constitutional provision on the possibility of restricting the freedom of peaceful assemblies in martial law is the differentiation of territories according to the degree of threats to participants in peaceful assemblies and from the point of view of the possibility of involving forces and means of public authorities to ensure law and order during peaceful assemblies. Depending on the specified criterion, the decision taken by the military command and military administrations to prohibit peaceful assemblies may be reviewed during its judicial appeal under the procedure for removing obstacles and prohibiting interference with the exercise of the right to freedom of peaceful assemblies either in terms of a particular peaceful assembly (in safer territories), or in relation to any peaceful assemblies on the territory of a particular territory (in less safe territories).