UDC 342.72\73:342.4(477)

DOI 10.37749/2308-9639-2025-9(273)-2

O. I. KLYMENKO, Candidate of Law

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

The article provides a constitutional and legal analysis of the 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, but their limits must be clearly defined by the principles of legality, proportionality, and necessity in a democratic society.

The study is based on the study of published administrative acts of military administrations of different regions, which demonstrate the heterogeneity of practice: from a complete ban on public events in frontline territories (Kramatorsk, Donetsk region) to temporary or conditional restrictions in regions further from the front line (Odesa, Khmelnytskyi, Kirovohrad, Vinnytsia).

The paper shows that the key factors determining the degree of restrictions are the level of military threat, the likelihood of sabotage or terrorist attacks, as well as the symbolic significance of certain dates for the statehood of Ukraine. It is emphasized that such decisions, although they comply with the provisions of Article 64 of the Constitution of Ukraine and the Law of Ukraine “On the Legal Regime of Martial Law”, require careful reasoning and time limitations in order to avoid the risks of arbitrary intervention. The author draws attention to the importance of further assessment of such practices in the post-war period in order to develop a balanced approach that will combine the security interests of the state and respect for human rights.

The obtained research results contribute to a deeper understanding of the transformation of mechanisms for the implementation of constitutional rights during war and form the basis for further improvement of law enforcement practice and legislative regulation.

Keywords : freedom of peaceful assembly, martial law, restrictions on rights, military administrations, constitutional guarantees, public safety, proportionality, legal regime, democratic society, international standards.

LIST OF REFERENCES

  1. On the introduction of a ban on holding peaceful assemblies, rallies, marches and demonstrations, and other mass events on the territory of the Kramatorsk city territorial community: Order of the Head of the Kramatorsk City Military Administration dated 11.10.2023 No. 745-r. URL:  https://krm.gov.ua/wp content/uploads/2023/10/rasp_nach_11.10.23_745r.pdf .
  2. On the prohibition of holding certain mass events in the territory of the Odessa region under the legal regime of martial law: Order of the Odessa Regional Military Administration and the Operational Group of Forces “Danube” dated August 18, 2023 No. 18. Website of the Department of Education and Youth Policy of the Kiliya City Council of the Odessa region. URL: https://vompkil.od.gov.ua/pro-zaboronu-provedennya-deyakyh-masovyhzahodiv-na-terytoriyi-odeskoyi-oblasti-v-umovah-pravovogo-rezhymu-voyennogo-stanu/.
  3. On the ban on holding mass events: Order of the Khmelnytskyi Regional Military Administration and the Khmelnytskyi Regional Territorial Center for Recruiting and Social Support dated 07/19/2023 No. 192/558/2023-ns. Official website of the Khmelnytskyi Regional Military Administration. URL: https://www.adm-km.gov.ua/doc/ orders/2023/07/192_558ns_190723.pdf.
  4. On the ban on holding peaceful gatherings, rallies, marches and demonstrations, and other mass events in the Kirovohrad region on August 23–24, 2023: Order of the Head of the Kirovohrad Regional Military Administration dated August 22, 2023 No. 943-r. Website of the Bobrynetsk Urban Territorial Community of the Kirovohrad region. URL: https://bobrynecka-gromada.gov.ua/news/1692727775/ .
  5. On the ban on holding mass events: Order of the Vinnytsia Regional Military Administration and the Vinnytsia Tactical Group dated September 29, 2023 No. 1255/23. Website of the Ulaniv territorial community of Vinnytsia region. URL: https://ulaniv-rada.gov.ua/news/1696324434/ .
  6. On holding peaceful assemblies, rallies, marches and demonstrations, and other mass events in the territory of Cherkasy region: Order of the Cherkasy Regional Military Administration and the Cherkasy Regional Center for Recruiting and Social Support dated 04/19/2022 No. 3/150. Official website of the Smila City Council. URL: https://smila-rada.gov.ua/sites/default/files/3-150.pdf .
  7. On the ban on holding mass events: Order of the Khmelnytskyi Regional Military Administration and the Khmelnytskyi Regional Territorial Center for Recruiting and Social Support dated September 14, 2022 No. 368/474/2022-ns. Official website of the Khmelnytskyi Regional Military Administration. URL: https://www.adm-km.gov.ua/doc/ orders/2022/09/368_474ns_140922.pdf.
  8. On the ban on holding mass events: Order of the Khmelnytskyi Regional Military Administration and the Khmelnytskyi Regional Territorial Center for Recruiting and Social Support dated September 14, 2022 No. 368/474/2022-ns. Official website of the Khmelnytskyi Regional Military Administration. URL: https://www.adm-km.gov.ua/doc/ orders/2022/09/368_474ns_140922.pdf.
  9. Procedure for holding mass events in the territory of Kyiv region under the legal regime of martial law: Approved by the protocol of the operational headquarters of the Defense Council of Kyiv region dated July 7, 2022 No. 145. Official website of the Kyiv regional military administration. URL: https://koda.gov.ua/wp-content/uploads/2022/07/ poryadok-provedennya-masovyh-zahodiv-na-terytorii%CC%88 kyi%CC%88vskoi%CC%88-oblas.pdf; Procedure for holding mass events in the territory of Chernihiv region under the legal regime of martial law: Approved by the decision of the Defense Council of Chernihiv region dated September 21, 2023, protocol No. 12. Official website of the Chernihiv regional military administration. URL: https://cg.gov.ua/index.php?id=39356&tp=1 .
  10. The procedure for holding mass events in the territory of the Poltava region under the legal regime of martial law: Approved by the order of the head of the Poltava regional military administration dated September 14, 2023 No. 642. Official website of the Lubny City Council. URL: https://lubnyrada.gov.ua/novyny/8578-u-poltavskij-oblastizaprovadzheno-poryadok-provedennya-masovikh-zakhodiv .
  11. On holding mass events in the region under martial law: Order of the Head of the Kirovohrad Regional Military Administration dated 06/08/2022 No. 396-r. URL: https://drive.google.com/file/d/1k8vFp8Na5wUt6stFzXDToxrrPOgaLVb/view .
  12. The Kharkiv region has approved a list of safe places where mass events are recommended. Official website of the Kharkiv Regional Military Administration. URL: https://kharkivoda.gov.ua/news/120623 .