Zahorodniuk A. The constitutional right of citizens to assemblies, rallies, marches, and demonstrations: questions of theory and practice

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U100932

Applicant for

Specialization

  • 081 - Право. Право

21-05-2021

Specialized Academic Board

ДФ 11.051.021

Vasyl' Stus Donetsk National University

Essay

The dissertation is a comprehensive study of the constitutional right of citizens to assemblies, rallies, marches, and demonstrations in the context of of its implementation, which is executed with regard to the theoretical component and practical dimension. Based on the conducted research for the first time: the expediency of introducing a new definition of "the right to peaceful public assembly" as a generalizing concept for all organizational forms of meetings is proved; the author's classification of ways to regulate the procedure for organizing and conducting peaceful public assemblies (situational; permission/prohibition; notification and approval; turnout order) is proposed; the author's approach to determining the features of international legal standards of the right to peaceful public assembly is presented; the author's definition of the mechanism for implementing the right to peaceful public assembly is proposed; the author's approach to determining the structure of the mechanism for implementing the right to peaceful public assembly as a combination of its general and special elements is formulated. Improved: provisions on the complex nature of the constitutional right of Ukrainian citizens to assemblies, rallies, marches and demonstrations as a multifaceted, social, political and legal phenomenon encompassing subjective constitutional right; a form of direct democracy and a comprehensive legal institution; provisions on the content of the right to peaceful public assembly as a natural human right that belongs to individual from birth, regardless of the regulation of this right at the legislative level. Received further development the provisions on: the correlation and interrelation of the right to peaceful public assembly with other constitutional rights and freedoms; the content of the normative and institutional mechanism for implementing the right to peaceful public assembly; the need to adopt a law on peaceful public assembly.

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