Appeal of the Lugansk voters committee to the prosecutor of Severodonetsk
To prosecutor of Severodonetsk V. A. Glagovskiy.
Re: a disagreement between the Constitution of Ukraine and items 1 and 2 of the draft decision of the 6 thsession of the town council „On the procedure of organizing and conducting meetings, rallies, street marches and demonstrations in Severodonetsk“.
Item 1 of the mentioned draft decision establishes the term of handing the application on holding meetings, rallies, street marches and demonstrations not later than ten days before the event.
This norm contradicts the Ukrainian Constitution. The official interpretation of part 1 Article 30 of Resolution of the Constitutional Court of Ukraine No. 4-рп/2001 of 19 April 2001 reads that „Basing on item 1 part 1 Article 92 of the Ukrainian Constitution stating that rights and freedoms of citizens and the guarantees of these rights and freedoms are determined by laws only and only a court, according to the law, may restrict the realization of citizen right for mass gatherings (part 2 Article 39), the Constitutional Court of Ukraine drew the conclusion that the determination of the term of informing the organs of the executive power or local self-rule with the account taken of the peculiarities of peaceful gatherings, their form, mass character, place and time of holding is a subject of legislative regulation“. Thus, item 1 of the discussed draft decision contradicts part 1 Article 39 and part 1 Article 982 of the Constitution of Ukraine.
Item 2 of this draft decision states that executive committees have the right, if needed, to propose to those, who turned to them with the application, another time and place for conducting the action. Thus, the information principle stipulated by the Constitution is replaced with the permission one. This contradicts the Ukrainian Constitution, since, according to Resolution of the Constitutional Court of Ukraine No. 4-рп/2001 of 19 April 2001, „organs of the executive power or local self-rule may, if needed, may agree with organizers of mass gatherings the date, time, place, route, conditions, lasting, etc. “ So, the subject of the discussion may be only the agreement, and not the opportunity to offer another time and place for the action.
We ask you to inform the deputies of the town council about the discussed disagreement, and, if the draft is adopted, to introduce a protest against the decision of the town council, according to Article 9 of the Transitory rulings of the Constitution of Ukraine, as well as part 1 Article 19, item 2 part 2 Article 20 and Article 21 of the Law „On prosecutors office“.