UDC 342.729:351.752.2        

DOI 10.37566/2707-6849-2019-4(29)-3 

(PDF)

Mykola Sambor, 

Head of the monitoring sector

Pryluky Police Department

The Main Directorate of the National Police in Chernihiv Oblast,

Candidate of Law, Corresponding Member

National Academy of Sciences of Higher Education of Ukraine

Proceedings on administrative lawsuits to remove obstacles and prohibit interference with the exercise of the right to freedom of peaceful assembly: current issues of legal regulation

The right to freedom of peaceful assembly, among others, is characterized by the fact that, in addition to the communicative function caused by human socialization, it is the guarantor of the exercise of other rights and freedoms from unjustified interference in the private legal sphere of the subjects of public administration. Given the procedural guarantees outlined above, ensuring the exercise of the right to freedom of peaceful assembly is crucial not only for the right, but also for the legal order in the country. The analysis of administrative procedural guarantees, in the form of the respective rights of the subject of exercise of the right to freedom of peaceful assembly and the rights and duties of representatives of the subjects of public administration, gives grounds for the conclusion that the legislator puts the representatives of public administration in a condition where the latter have priority conditions vis-à-vis defendants - subjects of the exercise of the right to freedom of peaceful assembly. As a result, the procedural issues and guarantees for removing obstacles and prohibiting interference with the exercise of the right to freedom of peaceful assembly in the norms of the Code of Administrative Judiciary of Ukraine are completely vague. In addition, a number of concepts that impede the exercise of the right to freedom of peaceful assembly are an alternative both to criminal liability and to judicial action. Even an appeal against a decision of a court of first instance in cases of administrative actions for the removal of obstacles and prohibition of interference with the exercise of the right to freedom of peaceful assembly is recognized as an appeal against the decision of the administrative court to establish restrictions on the exercise of the right to freedom of peaceful assembly. We are convinced that the norms of the Code of Administrative Judiciary of Ukraine require qualitative changes regarding the creation of guarantees for the exercise of the right to peaceful assembly from unwarranted and unlawful interference by public administration entities based on the fundamental principles of the rule of law, respect for human rights and freedoms.

Keywords: right to freedom of peaceful assembly, removal of restrictions, procedural guarantees.

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