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The bill (Reg. No.2450) has been drafted by the Ministry of Justice of Ukraine for several years and in the course of its preparation for the second reading by the working group formed out of the representatives of the Committee, Secretariate of the Cabinet of Ministers, Ministry of Justice, Ministry on Foreign Affairs of Ukraine, the majority of the remarks and amendments of the subjects of the legislative initiative and public organizations were taken into the consideration.

 

As it was declared, the freedom of peaceful assemblies is a fundamental human right that lies in the basis of a democratic society. However, Ukrainian legislation fails to regulate this issue. The Committee members declared that the bill determined democratic principles of organization and conduct of peaceful assemblies, which should be of informative, not permissive character. 

 

While the bill was being adjusted to the second reading, several provisions were amended in conformity to the Constitution of Ukraine. The provisions restricting the civil right for peaceful assemblies were exempt from the bill, whereas the right for counter-meetings, simultaneous and spontaneous peaceful assemblies was included.  

 

The bill regulates the procedure of implementation of the citizens? constitutional right of peaceful assembly, and defines the procedure for organization and holding of peaceful actions, assemblies, rallies, marches and demonstrations listed in Article 39 of the Constitution of Ukraine. 

 

 The bill was elaborated with due account taken of international and regional standards concerning right of peaceful assembly. Its regulations are based upon the International Covenant on Civil and Political Rights, the Convention on Protection of Human Rights and. Fundamental Freedoms of Year 1950.

 

Taking into the consideration the mentioned above facts, the Committee deems the formation of the objective, weighed public opinion and also the renovation of the constructive work and cooperation with all the interested parts in the course for the future elaboration of the bill can be held basing on the conduction of the independent, specialized, legal expertise of its correspondence to the international standards of the authoritative and influential expert institution in the sphere of the law and human rights protection, that is Venice Commission.

 

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