Forms of Realizing the Right to Freedom of Peaceful Assembly
It has been grounded that the right to freedom of peaceful assembly is a unique right that unites the right and freedom of its realization. The realization of this right by some subjects, as well as the obligation of public administration subjects to create conditions for the unimpeded realization o...
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| Format: | Article |
| Language: | Ukrainian |
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Kharkiv National University of Internal Affairs
2019-05-01
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| Series: | Bulletin of Kharkiv National University of Internal Affairs |
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| Online Access: | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/213 |
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| author | М. A. Sambor |
| author_facet | М. A. Sambor |
| author_sort | М. A. Sambor |
| collection | DOAJ |
| description | It has been grounded that the right to freedom of peaceful assembly is a unique right that unites the right and freedom of its realization. The realization of this right by some subjects, as well as the obligation of public administration subjects to create conditions for the unimpeded realization of the right to freedom of peaceful assembly require an understanding of the outer shell (form) of realizing the right to freedom of peaceful assembly.
Forms of realizing the right to freedom of peaceful assembly have been studied. It has been substantiated that the realization of this right is not limited to the constitutionally prescribed forms, namely meetings, rallies, marches and demonstrations. Much more forms of realizing the right to freedom of peaceful assembly are contained in subordinate regulatory acts. The legal order in Ukraine, based on a generally acceptable type of legal regulation, reveals a number of new forms, which in their essence are forms of realizing the right to peaceful assembly.
On the basis of the analysis of the current legislation and the current legal doctrine, the author has formulated classification features and has conducted classification of the forms of realizing the right to freedom of peaceful assembly. The classification is based on such features as normative and legal certainty (constitutional, normatively defined forms and others), involvement of participants (internal and external forms), mobility (static and dynamic forms), isolation of participants (closed and open forms), venue (gatherings held indoors or outdoors), sphere of interests’ realization (political, social, economic, cultural, sports, etc.).
It has been summarized that the forms of realizing the right to freedom of peaceful assembly make it possible to understand the purpose pursued by the subject of realizing this right, and the place of holding a peaceful assembly significantly influences the further mechanism of ensuring its realization, since the combination of the form and content of the right to freedom of peaceful assembly makes it possible to understand the true essence of this right, as well as to adjust measures to ensure its realization in order to create optimal conditions not only for the realization of this right, but also to prevent its abuse. Thus, they guarantee the rights, freedoms and interests of the rest of the population. |
| format | Article |
| id | doaj-art-cc1b6a334d7d4a4e93b839d45103a9a0 |
| institution | Kabale University |
| issn | 1999-5717 2617-278X |
| language | Ukrainian |
| publishDate | 2019-05-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Bulletin of Kharkiv National University of Internal Affairs |
| spelling | doaj-art-cc1b6a334d7d4a4e93b839d45103a9a02025-02-02T03:17:42ZukrKharkiv National University of Internal AffairsBulletin of Kharkiv National University of Internal Affairs1999-57172617-278X2019-05-01852314310.32631/v.2019.2.03213Forms of Realizing the Right to Freedom of Peaceful AssemblyМ. A. Sambor0Pryluky Police Department of the Main Department of the National Police in Chernihiv RegionIt has been grounded that the right to freedom of peaceful assembly is a unique right that unites the right and freedom of its realization. The realization of this right by some subjects, as well as the obligation of public administration subjects to create conditions for the unimpeded realization of the right to freedom of peaceful assembly require an understanding of the outer shell (form) of realizing the right to freedom of peaceful assembly. Forms of realizing the right to freedom of peaceful assembly have been studied. It has been substantiated that the realization of this right is not limited to the constitutionally prescribed forms, namely meetings, rallies, marches and demonstrations. Much more forms of realizing the right to freedom of peaceful assembly are contained in subordinate regulatory acts. The legal order in Ukraine, based on a generally acceptable type of legal regulation, reveals a number of new forms, which in their essence are forms of realizing the right to peaceful assembly. On the basis of the analysis of the current legislation and the current legal doctrine, the author has formulated classification features and has conducted classification of the forms of realizing the right to freedom of peaceful assembly. The classification is based on such features as normative and legal certainty (constitutional, normatively defined forms and others), involvement of participants (internal and external forms), mobility (static and dynamic forms), isolation of participants (closed and open forms), venue (gatherings held indoors or outdoors), sphere of interests’ realization (political, social, economic, cultural, sports, etc.). It has been summarized that the forms of realizing the right to freedom of peaceful assembly make it possible to understand the purpose pursued by the subject of realizing this right, and the place of holding a peaceful assembly significantly influences the further mechanism of ensuring its realization, since the combination of the form and content of the right to freedom of peaceful assembly makes it possible to understand the true essence of this right, as well as to adjust measures to ensure its realization in order to create optimal conditions not only for the realization of this right, but also to prevent its abuse. Thus, they guarantee the rights, freedoms and interests of the rest of the population.http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/213peaceful assemblyright to freedom of peaceful assemblyrealization of the rightform of the realization of the right to freedom of peaceful assemblyclassification. |
| spellingShingle | М. A. Sambor Forms of Realizing the Right to Freedom of Peaceful Assembly Bulletin of Kharkiv National University of Internal Affairs peaceful assembly right to freedom of peaceful assembly realization of the right form of the realization of the right to freedom of peaceful assembly classification. |
| title | Forms of Realizing the Right to Freedom of Peaceful Assembly |
| title_full | Forms of Realizing the Right to Freedom of Peaceful Assembly |
| title_fullStr | Forms of Realizing the Right to Freedom of Peaceful Assembly |
| title_full_unstemmed | Forms of Realizing the Right to Freedom of Peaceful Assembly |
| title_short | Forms of Realizing the Right to Freedom of Peaceful Assembly |
| title_sort | forms of realizing the right to freedom of peaceful assembly |
| topic | peaceful assembly right to freedom of peaceful assembly realization of the right form of the realization of the right to freedom of peaceful assembly classification. |
| url | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/213 |
| work_keys_str_mv | AT masambor formsofrealizingtherighttofreedomofpeacefulassembly |