UDC 323.28:355.42(477)

DOI 10.37749/2308-9639-2025-2(265)-1

O. I. Klymenko,  Candidate of Law

RIGHT TO PEACEFUL ASSEMBLY IN UKRAINE DURING MARTIAL STATE: legal aspects and international standards

The study is devoted to the analysis of the right to peaceful assembly in Ukraine under martial law. The Constitution of Ukraine guarantees this right (Article 39), but allows for its temporary restriction in order to protect national security and public order.

The work examines in detail the legal basis of such restrictions, referring to the Constitution and the Law of Ukraine “On the Legal Regime of Martial Law”. The need for a balance between respecting human rights and ensuring national security is emphasized, emphasizing the principles of proportionality and justification of any restrictions. The legal consequences of violating the order of peaceful assemblies are analyzed, including administrative and criminal liability.

Significant attention is paid to international law, in particular the European Convention on Human Rights and the International Covenant on Civil and Political Rights, emphasizing Ukraine’s obligation to adhere to international standards even in wartime. Examples of important decisions of the European Court of Human Rights are given.

The study concludes with recommendations for organizers of peaceful assemblies, the state, and international organizations on monitoring human rights in Ukraine during the war. The central theme is finding a balance between protecting national interests and respecting fundamental human rights.

Keywords: peaceful assembly, martial law, Constitution of Ukraine, international law, restriction of rights, freedom of speech, national security, public order, responsibility, European Court of Human Rights, administrative responsibility, criminal responsibility.

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