Constitutional Court facilitates religious organisations to perform religious worship

The Constitutional Court considered the reporting of the Verkhovna Rada Commissioner for Human Rights Valeria Lutkovska, in which she asked to declare unconstitutional provisions of Art. 21(5) of the law "On freedom of conscience and religious organizations." The provisions state that public worship and religious rites, ceremonial rituals and processions in places other than specified in the law shall be performed with the permission of the relevant local authority.

The CC ruled this norm unconstitutional and noted that the Basic Law gives citizens the right to assemble peacefully, without weapons, hold rallies, meetings, marches and demonstrations, upon which you must notify in advance the executive authorities or local authorities.

The CC noted that in accordance with Art. 35 of the Constitution everyone has the right to freedom of personal philosophy and religion. This right includes the freedom to profess or not to profess any religion, to perform alone or collectively and without constraint religious rites and ceremonial rituals, and to conduct religious activity.

The CC noted that the European Court of Human Rights also found religious gatherings a peaceful assembly and consequently declared illegal restriction of the rights of citizens for their conduct. "In a democratic state a different order of peaceful assembly cannot be set, "explained in the decision.

The CC stated that contrary to the Constitution the rule of the law loses its force from the date of the relevant decisions of the CC.

At the briefing, the judge-rapporteur Stanislav Shevchuk declared that the rule of law had lost its force on September 8 – the day of adoption of the relevant decisions of the CC.

Also, according to him, there is no need for an introduction by the Verkhovna Rada of the amendments to the current law "On freedom of conscience and religious organizations" to resolve this issue.

At the same time, the Constitutional Court insists on the need for adoption by the Parliament of a separate law "On peaceful assemblies."

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