OSCE/ODIHR-Venice Commission Opinion on Two Draft Laws on Guarantees for Freedom of Peaceful Assembly in Ukraine

The OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR) co-operated with the Council of Europe's Venice Commission in preparing this Joint Opinion, which was adopted by the Venice Commission at its 108th Plenary Session on 14-15 October 2016.

The Venice Commission, the Directorate General and the OSCE/ODIHR welcome the efforts which are being made in Ukraine with a view to providing a legal framework for the exercise of the right to freedom of peaceful assembly. Both drafts, submitted for assessment, large parts of which are in line with international standards, constitute a genuine attempt to fill the existing legislative lacuna in this area, as highlighted by the ECtHR in its Vyerentsov v. Ukraine judgment. It is up to the Ukrainian authorities to choose the appropriate way to satisfy the requirements of this judgment, either by enacting a specific law on freedom of assembly or by introducing amendments to the existing legislation in order to regulate this field. The present Draft Laws may be seen as a step towards adopting a specific law in this area. Subject to further improvements, both draft laws would form a good basis for a future legal framework. In the end, the Ukrainian decision-makers will decide which draft law should be the subject of subsequent steps in the legislative procedure. Regardless of their choice, the substance of the observations and recommendations contained in the present joint opinion concerning both drafts, as well as those contained in the previous opinions adopted by the Venice Commission in respect of Ukraine in the field of freedom of assembly, remain applicable.