Legislative regulation issues of peaceful assemblies in Ukraine

Abstract

The article examines the issues of possible settlement of peaceful assemblies by law in Ukraine and attempts to answer the question of the need and necessity of adopting a special law. The constitutional provisions and provisions of the acts of interpretation of the norms of the constitution, as well as legislative acts of various branches of law, which indirectly regulate the organization and holding of peaceful assemblies, have been studied.
 Despite the lack of a special law, a number of aspects of the exercise of this right are regulated in separate and unsystematized acts. In particular, limiting the terms of notification of a peaceful assembly (Law “On the Procedure for Resolving Collective Labor Disputes (Conflicts)”); identification of bodies to be contacted for notification of a peaceful assembly (Laws “On Local Self-Government in Ukraine” and “On Local State Administrations”); restrictions on the time of peaceful assemblies (Electoral Code of Ukraine); establishing the possibility to prohibit peaceful assemblies, rallies, marches and demonstrations, other mass events in the establishment of special legal regimes (Laws “On the legal regime of the state of emergency” and “On the legal regime of martial law”); the procedure for prohibiting peaceful assembly in court by an administrative court (Code of Administrative Procedure).
 The study proved that the adoption of a systematic legislative act that will regulate the conceptual and procedural issues of notification of the meeting, the powers of the relevant authorities in the event of such notification, the rights and responsibilities of participants is timely. Similarly, the normative definition of the concept of “peaceful assembly”, the forms in which it can be carried out, the distinction from other similar measures that do not fall under the signs of “peaceful assembly”, etc. is required to develop good jurisprudence and protect the rights of citizens.