Administrative and legal guarantees of realization of citizens’ right to peaceful assembly

Abstract

The article is devoted to identifying the features, revealing the essence and defining the concept of "administrative and legal guarantees for the realization of the right of citizens to peaceful assembly." The study describes various scientific approaches to understanding the meaning of the concept of administrative and legal guarantees. The current and perspective normative-legal regulation of separate guarantees of realization of the right of citizens to peaceful assemblies is investigated, their ratio is analyzed, the author's approach to concretization of the specified guarantees is covered. It is proposed to define administrative and legal guarantees of realization of the right of citizens to peaceful assembly as a system of administrative and legal measures, conditions, means carried out by public authorities, citizens and their associations, aimed at creating conditions for unimpeded realization of the right to peaceful assembly. , its protection, protection and restoration. The main administrative and legal guarantees for the realization of the right of citizens to peaceful assembly include: the procedure for agreeing on the conditions for holding a peaceful assembly to prevent restrictions on the freedom of peaceful assembly; conducting negotiations by public authorities with the organizer of a peaceful assembly; definition in the legislation of ways of restriction of the right to peaceful assemblies and circumstances which cannot be the basis for restriction of freedom of peaceful assemblies; the right to appeal against decisions, actions or omissions of public authorities that violate the right to freedom of peaceful assembly; compensation for damage caused by such actions and legal liability. The directions of improvement of the domestic legislation in the part of fixing of administrative and legal guarantees of realization of the right of citizens to peaceful assembly are offered.