Деякі аспекти розуміння категорії «мирність» у практиц і європейського суду з прав людини як умова дотримання права на свободу мирних зібрань

Abstract

The paper is devoted to the analysis of national and international conditions for the exercise of the right to freedom of peaceful assembly, among which the category of “peacefulness” occupies a prominent place. The Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the Constitution of Ukraine, unanimously state that citizens have the right to assemble only peacefully. This formulation defines the purpose of the article, to achieve which the author considers in more detail the content of the category of “peacefulness”, which is a prerequisite for the exercise of the right to freedom of peaceful assembly. To achieve the stated purpose, the author uses the methods and techniques of logic, from general to specific, namely analyzes the practice of the European Court of Human Rights in the cases of the exercise of the right of citizens to freedom of peaceful assembly, which results in the development of criteria for determining the peaceful character of the assembly. The author dwells on such aspects of the category of “peacefulness” as: the absence during the assembly or non-use of weapons by its participants; lack of purpose and desire to use violence in the organizers and participants of the assembly; active non-peaceful actions of counter demonstrators of the peaceful assembly; appeals and slogans of the assembly, including of the national or political nature, which cause dissatisfaction with the rest of the population; peculiarities of evaluation of negative actions of individual participants in public assemblies. As the conclusion, the author notes that the absence in the Ukrainian legislation of a special law that would regulate the procedural aspects of the exercise by citizens of the right to freedom of assembly leads to the creation of situations that result in numerous violations, including in the form of an unjustified ban on the right of citizens to exercise their rights. On grounds of this state of affairs, the author sees fit to actively use sources of international law, which have important developments in the regulation of this sphere. One of the most significant sources is the practice of the European Court of Human Rights as an integral part of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides, among other things, a substantial interpretation of the category of “peacefulness” in the resolution of disputes related to violation of the right to freedom of peaceful assembly. The developments of the European Court of Justice should not only be a definite benchmark for the organizers and participants in the peaceful assembly, but also be fully applied by the subjects of public administration.