Restrictions on the freedom of peaceful assembly in wartime regulatory acts: constitutional and legal analysis

The article provides a constitutional and legal analysis of restrictions on the freedom of peaceful assembly during the period of martial law in Ukraine. The right to peaceful assembly, guaranteed by the Constitution of Ukraine and international treaties, may be subject to temporary restrictions in times of crisis; however, the limits of such interference must be clearly defined by the principles of legality, proportionality, and necessity in a democratic society. The research is based on the study of published regulatory acts of military administrations in different regions, which demonstrate inconsistency in practice: from a complete ban on public events in frontline territories (Kramatorsk, Donetsk region) to temporary or conditional restrictions in regions more distant from the front line (Odesa, Khmelnytskyi, Kirovohrad, Vinnytsia). The article shows that the key factors determining the scope of restrictions include the level of military threat, the likelihood of sabotage or terrorist attacks, as well as the symbolic significance of certain dates for Ukrainian statehood. It is emphasized that such decisions, although consistent with Article 64 of the Constitution of Ukraine and the Law of Ukraine «On the Legal Regime of Martial Law» require thorough justification and temporal limitation in order to avoid risks of arbitrary interference. The author stresses the importance of further assessment of such practices in the post-war period to develop a balanced approach that combines state security interests with the protection of human rights. The findings contribute to a deeper understanding of the transformation of constitutional rights during wartime and provide a basis for improving law enforcement practice and legislative regulation.

Authors

Publication Details

Journal
Legal Ukraine
Published
2025-10-03
DOI
https://doi.org/10.37749/2308-9639-2025-9(273)-2
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
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article

Restrictions on the freedom of peaceful assembly in wartime regulatory acts: constitutional and legal analysis

Kern Alexander
Legal Ukraine
International Law and Human Rights
article

Restrictions on the freedom of peaceful assembly in wartime regulatory acts: constitutional and legal analysis

Kern Alexander
article en

Abstract

The article provides a constitutional and legal analysis of restrictions on the freedom of peaceful assembly during the period of martial law in Ukraine. The right to peaceful assembly, guaranteed by the Constitution of Ukraine and international treaties, may be subject to temporary restrictions in times of crisis; however, the limits of such interference must be clearly defined by the principles of legality, proportionality, and necessity in a democratic society. The research is based on the study of published regulatory acts of military administrations in different regions, which demonstrate inconsistency in practice: from a complete ban on public events in frontline territories (Kramatorsk, Donetsk region) to temporary or conditional restrictions in regions more distant from the front line (Odesa, Khmelnytskyi, Kirovohrad, Vinnytsia). The article shows that the key factors determining the scope of restrictions include the level of military threat, the likelihood of sabotage or terrorist attacks, as well as the symbolic significance of certain dates for Ukrainian statehood. It is emphasized that such decisions, although consistent with Article 64 of the Constitution of Ukraine and the Law of Ukraine «On the Legal Regime of Martial Law» require thorough justification and temporal limitation in order to avoid risks of arbitrary interference. The author stresses the importance of further assessment of such practices in the post-war period to develop a balanced approach that combines state security interests with the protection of human rights. The findings contribute to a deeper understanding of the transformation of constitutional rights during wartime and provide a basis for improving law enforcement practice and legislative regulation.

Legal Ukraine
Openalex Percentile: Top 66%
International Law and Human Rights
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