Psychological needs of the right to peaceful assembly and guarantees of its realization in police activity

Issue: № 4, 2026

Doi: https://doi.org/10.37634/efp.2026.4.7

The paper explores the interrelationship between legal and socio-psychological factors in the implementation of the right to peaceful assembly. The purpose of this paper is to identify the key aspects of police activity in ensuring public safety and order during mass assemblies that should be reflected in normative legal acts regulating law enforcement activity and/or in a separate law on the organization and conduct of mass assemblies in Ukraine. A historical and legal analysis of the regulatory framework governing this sphere in Ukraine is carried out. The paper assesses certain legal and psychological aspects accompanying the process of organizing and holding mass events, particularly those that complicate the legislative process. It is emphasized that the actions of public authorities must be sufficiently flexible and combined with an adequate assessment of socio-political sentiments at the time of organizing mass assemblies. In a democratic society, the role of law enforcement agencies, in particular the police, should be aimed at maintaining a balance between freedom of protest and public order, and at preventing the escalation of violence. For the police, an effective response to political mass assemblies consists in professional neutrality, communication with communities, and strict adherence to the principles of legality, necessity, and proportionality in the use of force. For the effective legal regulation of issues related to the implementation of the right to peaceful assembly, the quality of provisions contained in laws and subordinate legislation governing the activities of law enforcement agencies, particularly the police, is of crucial importance. The absence of excessive legal regulation in this area enables public authorities to demonstrate a certain degree of flexibility in the practical exercise of their functions. However, the real state of democracy in Ukraine plays a decisive role in guaranteeing the observance of human rights and freedoms.

Keywords : peaceful assembly, democracy, police activity, psychology, human rights, freedoms, public safety, police

References:

1. Constitution of Ukraine: Law of Ukraine of June 28, 1996 No. 254k/96-VR (as amended). URL: https://zakon.rada.gov.ua/laws/show/254к/96-вр (in Ukrainian).

2. "Bohai et al v. Ukraine" (Application No. 38283/18). URL: https://minjust.gov.ua/files/general/2025/07/22/20250722171454-32.pdf (in Ukrainian).

3. Psychology of Management /ed. Y.M. Kohut. Lviv, 2024. 210 p. (in Ukrainian).

4. Serdiuk L.Z. Psychological factors of personality self-determination. Actual Problems of Psychology: Collection of Scientific Works of the G.S. Kostiuk Institute of Psychology of the National Academy of Educational Sciences of Ukraine. 2018. Vol. V: Psychophysiology. Work Psychology. Experimental Psychology. Issue 18. pp. 151–161. URL: https://lib.iitta.gov.ua/id/eprint/720187/1/Сердюк_2018.pdf (in Ukrainian).

5. Waddington J. Self-efficacy. ELT Journal. 2023. Vol. 77. Issue 2. pp. 237–240.

6. On the Procedure for Organizing and Holding Meetings, Rallies, Street Processions and Demonstrations in the USSR: Decree of the Presidium of the Supreme Soviet of the USSR of July 28, 1988 No. 9306-XI (expired). URL: https://zakon.rada.gov.ua/laws/show/v9306400-88#Text (in Ukrainian).

7. Constitutional Court of Ukraine. Decision in the case upon the constitutional petition of the Ukrainian Parliament Commissioner for Human Rights concerning the constitutionality of the provisions of Part Five of Article 21 of the Law of Ukraine “On Freedom of Conscience and Religious Organizations” (case on prior notification of public worship services, religious rites, ceremonies and processions), September 8, 2016 No. 6-rp/2016. URL: https://zakon.rada.gov.ua/laws/show/v006p710-16#Text (in Ukrainian).

8. On De-Sovietization of the Legislation of Ukraine: Law of Ukraine of April 21, 2022 No. 2215-IX. URL: https://zakon.rada.gov.ua/laws/show/2215-20#Text (in Ukrainian).

9. Decisions concerning Ukraine delivered by the European Court of Human Rights. Official website of the Ministry of Justice of Ukraine. URL: https://minjust.gov.ua/m/stattya-11-svoboda-zibran-ta-obednan (in Ukrainian).

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