Актуальні питання провадження щодо розгляду та вирішення адміністративних справ щодо реалізації права на мирні зібрання

Freedom of peaceful assembly is one of the fundamental political rights, without the effective implementation of which the full development of democracy and civil society institutions is impossible. The right to assemble peacefully and unarmed to express one's views and to discuss issues important to society is a fundamental right guaranteed by the Constitution of Ukraine, the International Covenant on Civil and Political Rights, the Universal Declaration of Human Rights and the Convention for the Protection of Human Rights and Fundamental Freedoms. Peaceful assemblies can be held for various purposes. Among them are the expression of views, the protection of common interests, the expression of protest, and so on. The right to peaceful assembly is one of the foundations of democracy. It should be noted that this right is complemented by other rights and freedoms that are fundamental to the development of personality, dignity and self-realization. The main criteria of these events are the peaceful nature of their holding and voluntary participation in public meetings. The right of citizens to assemble peacefully, without weapons and to hold meetings, rallies, marches and demonstrations, enshrined in Article 39 of the Constitution of Ukraine, is their inalienable and inviolable right, guaranteed by the Basic Law of Ukraine. Freedom of peaceful assembly is a fundamental human right, but it is not an absolute right. It is subject to restrictions, but in clearly defined cases. Restrictions on this right can only be imposed by a court to prevent and further prevent riots and violations by protesters. In case of violation of the above right, citizens or citizens who are the organizers of the rally or meeting apply to the court and then the proceedings are opened to consider and resolve administrative cases on the exercise of the right to peaceful assembly. Alternatively, executive or local governments apply to the courts to restrict in some respects the above-mentioned right to peaceful assembly in order to ensure ...