EVOLUTION OF LEGAL POSITIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION CONCERNING THE IMPLEMENTATION OF THE CITIZENS’ RIGHT TO PUBLIC EVENTS
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Author(s): | Kubievich S. V., Lapshin I. S., Rodimushkina O. V., Shushaniya S. S., |
| Number of journal: | 1(74) | Date: | March 2026 |
| Annotation: | The article examines current problems in the implementation of the constitutional freedom of assembly in the Russian Federation. The subject of the analysis is the legal positions of the Constitutional Court of the Russian Federation formulated over the past 20 years and their impact on the development of legislation and law enforcement practice. The relevance of the topic is determined by the contradictions between the notification procedure for holding public events, established by federal legislation, and the actual formation of a conciliatory-permissive practice by authorities. The aim of the study is to identify the main trends in the evolution of the legal positions of the Constitutional Court of the Russian Federation, systematize the constitutional and legal criteria for restricting the freedom of assembly, and determine the degree of influence of these positions on law enforcement practice and legislation. The methodological framework includes dialectical, historical-legal, systemic, formal-legal, and comparative-legal methods. The authors systematize the key approaches of the Constitutional Court of the Russian Federation concerning the limits of permissible restriction on the freedom of assembly, the content of the positive obligations of the state, as well as the conditions for holding organizers accountable. Two main stages in the evolution of legal positions are identified: the first stage (2007–2012) was characterized by the predominant recognition of the admissibility of restrictions, while the second stage (from 2012 to the present) is marked by the formation of a comprehensive system of principles for implementing the freedom of assembly and an emphasis on the positive obligations of the state. The work defines the constitutional and legal criteria for restrictions (federal law, constitutionally significant goals, the principles of necessity, proportionality, and commensurability, the presumption of a peaceful nature), and also identifies problems of law enforcement: the transformation of the notification procedure into a permissive one, the lack of a uniform approach to qualifying a series of single pickets, and a formal approach to establishing guilt and causation. Recommendations for improving legislation and law enforcement practice are formulated. | ||
| Keywords: | Constitutional Court of the Russian Federation, legal position, freedom of assembly, freedom of demonstrations, demonstration, public event, restriction of freedom of assembly, positive obligations of the state, notification procedure, single picket |
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| For citation: | Lapshin I. S., Shushaniya S. S., Rodimushkina O. V., Kubievich S. V. Evolution of legal positions of the Constitutional Court of the Russian Federation concerning the implementation of the citizens’ right to public events. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2026;1(74):223—228. DOI: 10.25683/VOLBI.2026.74.1577. |
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