NATIONAL AND INTERNATIONAL STANDARTS OF RIGHT TO PEACEFUL ASSEMBLY
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 34)Publication Date: 2020-12-31
Authors : Kushnirenko Oleksandr; Aliyeva Alisа; Michkivskyi Roman; Stoyanova Varvara;
Page : 53-62
Keywords : freedom of peaceful assembly; legal regulation of the right on the peaceful assembly; the Constitution of Ukraine; international standarts of human rights;
Abstract
The article is devoted to problems of legal regulation and implementing the constitutional right of citizens to peaceful assembly in Ukraine. The authors represent the approaches of different scholars and international and national practices of realization citizens' right to peaceful assembly and summing up the results the authoors offer options for improving and optimization legislation on peaceful assembly. On the basis of international experience in regulating this institution in foreign countries, Ukraine has the opportunity to legislate and regulate the right to peaceful assembly, taking into account the provisions of the fundamental international instruments, which reflect the subject matter of this scientific work The authors' article analysed the current status of the constitutional and legal establishment of the right to peaceful assembly in Ukraine. The ways in which citizens exercise the right to peaceful assembly and the possibilities for the State to restrict this right to peaceful assembly in the interests of national security and public order in international practice have been studied. Much attention is given to the international legal regulation of the right to peaceful assembly, in particular the main international instruments which can be considered as sources of the formation of the law of this important legal institution through the prism of heavy and soft international law. The practice of settling disputes on the right to peaceful assembly by international judicial institutions, in particular the European Court of Human Rights, has also been examined.
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