Freedom of Peaceful Assembly: a Comparative Analysis of the Legislation of Ukraine's Neighbors

O. Yavtushenko S. Panyok
2021 Zenodo  
The article is devoted to a theoretical study of the problem of regulating the right to peaceful assembly. We have conducted a comparative analysis of Ukraine's neighbors, taking into account the peculiarities of their legislation, in order to implement the practice of foreign countries in Ukrainian legal regulation. The article identifies the need for further research into the case of reforming Ukrainian legislation. Freedom of peaceful assembly is closely linked to the fundamental principles
more » ... f democracy and pluralism - freedom of expression and freedom of association. It is not only a criterion for determining the level of democracy in a country, but also an extremely effective way of public control over state institutions. It shows the extent to which citizens can realize their right to freedom of worldview and religion, thought and speech, to free expression of their views and beliefs, the right to free development of their personality and so on. Effective regulation of freedom of peaceful assembly provides citizens with the opportunity to influence the course of political, economic and social life of the country through rallies, pickets or demonstrations. It is important to not only have the formal recognition and constitutional consolidation of these rights and freedoms, but also their actual implementation in various spheres of social life: legal, political, economic, social and spiritual. Restrictions on the exercise of freedom of peaceful assembly may be imposed by a court in accordance with the law and only in the interests of national security and public order: for instance, in order to prevent riots or crimes, to protect public health or to protect the rights and freedoms of others. When ensuring the right of citizens to peaceful assembly, the government must be guided by the following principles: the presumption in favor of holding meetings, the state's obligation to protect peaceful assemblies, legality, compliance, good practice of administrative regulation, non-discrimination. Failure to comply w [...]
doi:10.5281/zenodo.5035698 fatcat:vpuur7ho5zh43jyro74bcw6udq