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MykolaSAMBOR,

Head of the Monitoring Sector of the Pryluky Police Department of the Main Directorate of the National Police in Chernihiv Oblast

SEPARATE PROCEDURAL ISSUES TO ESTABLISH RESTRICTIONS ON THE EXERCISE OF THE RIGHT TO FREEDOM OF PEACEFUL ASSEMBLY

The article deals with the procedural peculiarities of establishing restrictions on the exercise of the right to freedom of peaceful assembly during proceedings in cases of claims of public administration actors in administrative affairs. The focus of the study is on the problems of unification of legal terminology when exercising the right to freedom of peaceful assembly, ensuring its implementation and administrative procedures for restricting the right to freedom of peaceful assembly. The subject of the investigation is the territorial and instantial jurisdiction of this category of cases. The normative-legal material of informing the respondent in the specified category of cases is analyzed.

A position that does not conform to the Constitution of Ukraine is that a person is deemed to have been notified since the notification was made by a court employee. The specified provisions equalize the right to defend their own rights and freedoms in court from violations by the subjects of power, which is the task of administrative legal proceedings. The opinion is that the adoption of such a norm is a consequence of lobbying the interests of the subjects of power. Such a norm provides an unlimited possibility for the influence of the subjects of power to exercise the right to peaceful assembly. The fact of absence of the defendant during the trial, ignorance of the latter on such a review becomes the basis for review of the court decision and the adoption of a diametrically opposite court decision. As a result, the judicial branch overwhelms the authorities, gross violation of the defendant’s procedural rights and freedoms, undermines the authority of the court, violates the freedom to exercise the right to a peaceful assembly.

It is emphasized on the necessity of observing the rights, freedoms and interests of the defendant in such administrative cases. The authorities of executive bodies and local self-government bodies have been investigated to file applications for restrictions on the exercise of the right to freedom of peaceful assembly. Critical analysis of the reasons and grounds for limiting the exercise of the right to freedom of peaceful assembly, which are the relevant conclusions of law enforcement agencies, other bodies whose authority is to ensure the national security of Ukraine. The position that the application of any restriction on the exercise of the right to freedom of peaceful assembly should be based on the following: 1) the exercise of the right to peaceful assembly and the impossibility of limiting it; 2) the existence of a real threat to the interests of national security and public order, based on motivated conclusions, and the inadmissibility of any assumptions about such threats. Threats can not contain predictions, forecasts, but only reliable data obtained within the limits and in the manner prescribed by law; 3) prevention of disturbances or crimes, for the protection of public health or the protection of the rights and freedoms of others.

Finally, it is argued that the jurisprudence based on the principles of the rule of law, justice, adversarialism, observance of rights, freedoms and interests of the parties, provenance, guarantees the freedom to exercise the right to peaceful gatherings, and to prevent the unjustified, unjustified restriction of the right to freedom of peaceful assembly.

Key words: the right to freedom of peaceful assembly, administrative case, restriction of law.

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