Legal Journals

Ukrainian Violation of ECHR Article 11

By pkher

The European Court of Human Rights recently held in Koretskyy & Ors. v. Ukraine that there was a violation of Article 11 (freedom of assembly and association) of the European Convention on Human Rights, where the Ukrainian authorities refused to register the applicants? association called the ?Civic Committee for the Preservation of Wild (Indigenous) Natural Areas in Bereznyaky?. The organization was a voluntary association of citizens, non-governmental organizations and other legal entities aiming to preserve wild, natural systems in Ukrainian cities and towns. It was alleged by the government authorities that the association articles had not been drafted in accordance with domestic law. Specifically that the articles failed to contain the association?s status, provided for more activities in other cities than permitted, and entrusted the executive board with financial activities. The Ukrainian Government also argued that it had the exclusive right to regulate independently the activities of non-governmental organizations on its territory. The court opined that the regional court?s decision was insufficient and lacked explanation on any of the allegations. It also held that the association had completely peaceful and democratic aims and did not threaten the system of registration by functioning in towns other than Kyiv. The court found an Article 11 violation because there was no pressing social need to refuse registration.

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Full post as published by Harvard International Law Journal Digest on April 10, 2008 (boomark / email).