保障和平集会权的立法规制

Y. Kobrusieva
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引用次数: 0

摘要

这项研究强调了执行已生效的法院判决的重要性。乌克兰社会正在发生的变化引起了人们的高度活跃和直接参与解决涉及其共同利益的问题的愿望,包括使用和平集会的权利。然而,尽管这类政治权利很重要,但关于集会、集会、街头示威和示威自由的宪法规定在现行立法中仍未得到适当规定,往往受到限制甚至违反。根据规范和平集会权的国际经验,提出了提高和平集会权行政和法律支持机制有效性的方法,即建立一个国内机制来监测遵守国际人权和自由标准的情况。人类,如果这个或那个问题不能在国家层面上得到解决。事实证明,即使是在保障和平集会权利的各级立法行为中所载的相当小范围的现行规范,在概述的权利的内容上,特别是从和平集会自由权利的角度来看,往往显示出一些不一致。主体被称为公民,民法被称为个人。必须采用确保和平集会权利的国际标准,首先是与乌克兰的欧洲一体化愿望有关的欧洲共同体的标准,这一点已得到证明。毕竟,执行欧洲标准并使公共行政主体遵守这些标准是乌克兰融入欧洲法律空间的先决条件之一。由于和平集会自由权不能在国家授权机构没有对其施加相应责任的情况下行使,对乌克兰宪法和法律的分析允许将这些机构划分为确保和平集会权利的权力主体类别。为了改善所研究地区的情况,最好审查确保法院判决执行的现行立法,继续改革公共当局,以使司法机构有效运作和保护公民权利。
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The Legislative Regulation of Ensuring the Right to Peaceful Assemblies
The study emphasizes the importance of enforcement of court decisions that have entered into force. The changes taking place in Ukrainian society arouse high activity and the desire of people to take a direct part in solving problems that concern their common interests, including the use of the right to peaceful assembly. However, despite the importance of this type of political rights, the constitutional provisions on freedom of assembly, assembly, street demonstrations and demonstrations, which are still not properly specified in the current legislation, are often limited or even violated. Based on the international experience of regulating the right to peaceful assembly, ways to increase the effectiveness of the mechanism of administrative and legal support of the right to peaceful assembly are proposed, which are to create a domestic mechanism to monitor compliance with international standards of human rights and freedoms. human being, if this or that problem is not solved at the national level. It is proved that even a rather small range of current norms enshrined in legislative acts of various levels, which guarantee the right to peaceful assembly, often show some incon-sistency in the content of the outlined rights, especially from the standpoint of the right to freedom of peaceful assembly. the subject is called a citizen, and civil law – an individual. The necessity of introduction of international standards of ensuring the right to peaceful assembly, first of all the standards of the European community, which is connected with the European integration aspirations of Ukraine, is proved. After all, the implementation of European standards and their observance by the subjects of public administration is one of the preconditions for Ukraine’s integration into the European legal space. Since the right to freedom of peaceful assembly cannot be exercised in the absence of corresponding responsibilities imposed on the state by its authorized bodies, the analysis of the Constitution and laws of Ukraine allowed to separate such bodies into the category of subjects of power to ensure the right to peaceful assembly.In order to improve the situation in the studied area, it is advisable to review the current legislation, which ensures the implementation of court decisions, to continue reforming public authorities for the effective operation of the judiciary and the protection of citizens’ rights.
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