Release:2017, Vol. 3. №2
About the author:Alexander V. Salenko, Cand. Sci. (Jur.), Master of Law (LL. M., Göttingen), Associate Professor, Department of International and European Law, Immanuel Kant Baltic Federal University (Kaliningrad); eLibrary AuthorID, ResearcherID, email@example.com
This article systematically reviews the legal regulation of the freedom of peaceful assembly in Russia and Germany, in particular it shows how two states constitutes the definition of public event and its main elements. The author concludes that the Russian legislation about freedom of assembly use ‘public event’ as umbrella term, while the German law defines ‘assembly’ (Versammlung) as superordinate term. Another remarkable detail of Russian public event legislation is that the federal law contains all main legal terms: public event, assembly, meeting, demonstration, procession and picket. For a long time the German public assembly law lacked any legal terms of this kind. Finally the definition of assembly (Versammlungsbegriff) has been formulated in the case law of the Federal Constitutional Court of Germany, in particular in the Brokdorf-case (Brokdorf-Beschluß des BVerfG) in 1985 and in the Loveparade-case (Loveparade Loveparade-Beschluß) in 2001. After all the German federalism reform in 2006 has formalized the definition of public assembly in regional legislation of German federal states (Bundesländer). The comparative research shows the practical importance of the legal terminology in the field of the public protest legislation and also it makes it possible to detect the positive and negative sides of the Russian legislation regulating the freedom of peaceful assembly. Based on the comparative constitutional research the author provides recommendations with regard to modernization of the Russian public assembly law.