Адміністративне правo і процес
ISSN: 2227-796X (Print), ISSN: 2617-8354 (Online)

Науково-практичний журнал‚ заснований Київським національним університетом імені Тараса Шевченка

Melnik R.S. Restriction of the Right to Freedom of Peaceful Assembly: the Nature and Conditions of Implementation.

The author of the article attempts to analyze the nature and conditions of implementation of the restriction of the right to freedom of peaceful assembly by administrative courts and public administration entities. Based on the analysis of the practice of implementation of the right to freedom of peaceful assembly by individuals and the results of the activity of authorized subjects in this sphere the author concludes about the existence of the following forms of the restriction of this right, namely: a complete ban of a planned assembly; restrictive measures concerning the assembly; compulsory termination (dissolution) of the assembly that is being conducted. Each of the mentioned types of restrictions of the right to freedom of peaceful assembly is analyzed in the article in details. The author formulates a number of provisions and recommendations, which to his mind are necessary for guaranteeing the just and full realization of the right to freedom of peaceful assembly by individuals. In particular, it is stressed in the article that:ban on conduction of the assembly can be decided by an administrative court only for a particular assembly, thus it should not extend to the potential mass events, where the executive or local authorities have not been notifi ed about their conduction; decisions about full ban are admissible only in exceptional cases; any restriction about realization of the right to freedom of peaceful assembly may be used by a court only in the interests of national safety and keeping public order – aiming to prevent riots or crimes, protect health care of people or the rights and freedoms of others; a court should obligatory indicate the way of restriction concerning the realization of the right to peaceful assembly; a court has the right to make a decision about the restriction of the content (topic) of the assembly in case, when the thoughts that cannot be protected by the right to freedom of thought and speech, on freedom of expression of views and believes; conduction of the assembly with a peaceful purpose, but which was not notifi ed to the relevant administrative authorities in advance, cannot be the reason for its compulsory termination (dissolution). Along with this, the author of the article expresses a number of proposals, which in his opinion, should be taken into account while elaborating the law on peaceful assembly.

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