Administrative and legal regulation of the implementation of the right to peaceful assembly under the conditions of martial state

Abstract

The article analyzes the problems of administrative and legal regulation of the exercise of the right to peaceful assembly in the conditions of the legal regime of martial law. It has been established that the norms of the Constitution of Ukraine define a single subject empowered to prohibit the right of citizens to peaceful assembly, whose role is played by courts of general jurisdiction. The expediency of canceling clause 8, part 1, article 8 of the Law of Ukraine “On the legal regime of martial law”, regarding the granting of powers to the military command and military administrations to ban peaceful meetings, rallies, marches and demonstrations, and other mass events, has been substantiated. Attention is drawn to the fact that the legislator has not yet adopted a special legislative act aimed at determining the procedure for organizing and holding peaceful meetings, rallies, marches and demonstrations, and other mass events. The direct influence of the absence of the specified special law on the quality of law enforcement practice of courts of general jurisdiction during the consideration of administrative cases under article 185-1 of the Code of administrative offenses has been proven. It is emphasized that there is no clear and legally regulated categorical apparatus, with the help of which it would be possible to distinguish the concepts of “peaceful gatherings”, “meetings”, “campaigns”, “demonstrations”, “other mass events. It is emphasized that the national legislation on the freedom of peaceful assembly needs to be revised in the part related to the regulation of urgent, spontaneous peaceful assemblies, as well as peaceful events that are held in the absence of the organizer. The need for a conceptual definition of the implementation mechanism of public events, which are held: a) spontaneously; b) without an organizer; c) urgently (without delay).