The Legislative Regulation of Ensuring the Right to Peaceful Assemblies

The scientific article is devoted to the study of the content of the legal provision of the constitutional right to peaceful assemblies in Ukraine as a means of ensuring the observance of citizens’ rights. Types of liability for violation of the order of organization and holding of meetings and rallies are considered. The study emphasizes the importance of enforcement of court decisions that have entered into force. The changes taking place in Ukrainian society arouse high activity and the desire of people to take a direct part in solving problems that concern their common interests, including the use of the right to peaceful assembly. However, despite the importance of this type of political rights, the constitutional provisions on freedom of assembly, assembly, street demonstrations and demonstrations, which are still not properly specified in the current legislation, are often limited or even violated. Based on the international experience of regulating the right to peaceful assembly, ways to increase the effectiveness of the mechanism of administrative and legal support of the right to peaceful assembly are proposed, which are to create a domestic mechanism to monitor compliance with international standards of human rights and freedoms. human being, if this or that problem is not solved at the national level. It is proved that even a rather small range of current norms enshrined in legislative acts of various levels, which guarantee the right to peaceful assembly, often show some inconsistency in the content of the outlined rights, especially from the standpoint of the right to freedom of peaceful assembly. the subject is called a citizen, and civil law - an individual. The necessity of introduction of international standards of ensuring the right to peaceful assembly, first of all the standards of the European community, which is connected with the European integration aspirations of Ukraine, is proved. After all, the implementation of European standards and their observance by the subjects of public administration is one of the preconditions for Ukraine’s integration into the European legal space. Since the right to freedom of peaceful assembly cannot be exercised in the absence of corresponding responsibilities imposed on the state by its authorized bodies, the analysis of the Constitution and laws of Ukraine allowed to separate such bodies into the category of subjects of power to ensure the right to peaceful assembly. In order to improve the situation in the studied area, it is advisable to review the current legislation, which ensures the implementation of court decisions, to continue reforming public authorities for the effective operation of the judiciary and the protection of citizens’ rights.

REFERENCES:

• Zahalna deklaratsiia prav liudyny [Universal Declaration of Human Rights] (1948, December 10). Retrieved from: http://zakon2.rada.gov.ua/laws/show/995_015  [in Ukrainian].
• Kodeks administratyvnoho sudochynstva [Code of Administrative Procedure] (2005, July 6). Vidomosti Verkhovnoi Rady Ukrainy – Bulletin of Verkhovna Rada of Ukraine. Kyiv: Parlam. vyd-vo [in Ukrainian].
• Kodeks Ukrainy pro administratyvni pravoporushennia [Code of Ukraine on Administrative Offenses] (1984, December 7). Vidomosti Verkhovnoi Rady Ukrainy – Bulletin of Verkhovna Rada of Ukraine. Kyiv: Parlam. vyd-vo [in Ukrainian].
• Konstytutsiia Ukrainy [The Constitution of Ukraine] (1996, June 28). Vidomosti Verkhovnoi Rady Ukrainy – Bulletin of Verkhovna Rada of Ukraine. Kyiv: Parlam. vyd-vo [in Ukrainian].
• Kryminalnyi kodeks Ukrainy [The Criminal Code of Ukraine] (2001, April 05). Vidomosti Verkhovnoi Rady Ukrainy – Bulletin of Verkhovna Rada of Ukraine. Kyiv: Parlam. vyd-vo [in Ukrainian].
• Mizhnarodnyi pakt pro hromadianski i politychni prava [International Covenant on Civil and Political Rights] (1966, December 16). Retrieved from: http://zakon1.rada.gov.ua/laws/show/995_043 [in Ukrainian].
• Topolevskyi R. (2002), Prava liudyny v Ukraini [Human rights in Ukraine]. Retrieved from: http://www.khpg.org/index.php?id=1040031165 [in Ukrainian].
• Kuy̆bida R., Sereda M. (2012), Svoboda myrnykh zibran u praktytsi Yevropeiskoho Sudu z prav liudyny (kompiliatsiia pozytsiy̆ Sudu) [Freedom of peaceful assemblies in the case law of the European Court of Human Rights (compilation of the Court’s positions)]. Retrieved from: http://pravo.org.ua/files/_murni_zibranya.PDF [in Ukrainian].