en

Scientific Journal of the National Academy of Internal Affairs

  • Received 28.07.2021,
  • Revised 28.09.2021,
  • Accepted 19.10.2021
Download article Download article
Vol. 26, No. 4, 2021
  • constitutional law, peaceful assembly, rally, hiking, demonstration, legal values, value, human and civil rights
  • https://doi.org/10.56215/01211214.36
  • Pages 36-45

The purpose of the article was to study the place of the constitutional right of citizens to peaceful assembly in the system of modern legal values. The scientific novelty of the study is that the article substantiates the place of the constitutional right of citizens to peaceful assembly in the system of modern legal values, clarifies the concept and essence, as well as an overview of the system of legal values in Ukraine. Peaceful assemblies in the relevant system, such a statement is argued, the conclusions to the study are substantiated, based on the formed arguments and available facts. Conclusions. The provisions presented in the article form the position that the issue of formation and formation of the system of modern legal values is the most relevant in the formation of national democracy and the establishment of the principles of the rule of law. The legal system of society is a purely legal phenomenon that is closely interconnected with the system of legal values, derives from it and is formed on the basis of long-standing traditions and established social (social) practices. According to the results of the analysis of the influence of the culture of peaceful assemblies and the implementation of the relevant law by citizens and its formation in the system of modern legal values, it was proved that every significant historical stage of Ukrainian statehood was marked by mass assemblies. Ukrainian history, including the history of Ukrainian law and the legal system, is full of several striking examples of public realization of the right to peaceful assembly by citizens, which entailed real legal consequences, as well as prevention of usurpation of power and other illegal acts. citizens’ rights

References

[1] Andrikevyh, N. (2020). The granite revolution is one of the happiest days of my life. Retrieved from https://ukrnationalism.com/interview/40-revoliutsiia-na-hraniti-tseodni-z-naishchaslyvishykhdniv-moho-zhyttia-viktor-roh.html.

[2] Chub, A. (2020). Administrative and legal guarantees for the realization of the right of citizens to peaceful assembly. Current Issues of Jurisprudence, 4(24), 86-90. doi: 10.35774/app2020.04.086.

[3] Filoretova, M.V. (2020). Spontaneous peaceful assembly: Problems of administrative and legal regulation. Proceedings, 8, 130-135. doi: 10.36550/2522-9230.2020.8.27.

[4] Filoretova, M.V. (2021). Freedom of peaceful assembly as an object of protection by administrative courts. Candidate’s thesis. Kyiv: National University.

[5] Hrytsenko, I.S. (2015). General administrative law. Kyiv: Yurinkom Inter.

[6] Klymenko, O.I. (2014). Constitutional right of citizens to peaceful assembly and its provision in Ukraine. Extended abstract of candidate’s thesis. Kyiv: National University.

[7] Kobrusieva, Ye.A. (2020). Modern methodological approaches to the study of the right to peaceful assembly in Ukraine. Scientific Bulletin of the International Humanities University, 48, 29-33. doi: 10.32841/2307-1745.2020.48.6.

[8] Kolodii, A.M. (1998). Principles of law of Ukraine. Kyiv: Yurinkom Inter.

[9] Koniev, I.Ye. (2019). Constitutional principles of realization of the right to peaceful assembly in modern Ukraine. Problems of Formation of a Democratic State Governed by the Rule of Law, 4(1), 45-49. doi: 10.32850/sulj.2019.4.1.10.

[10] Constitution of Ukraine. No. 254k/96-VR. (1996, June). Retrieved from https://zakon.rada.gov.ua/ laws/show/254k/96-vr#Text.

[11] Kostiuk, D.S. (2018). The impact of the Orange Revolution on the development of civil society in Ukraine (2004-2013). Scientific notes of Tavriya National University named after V.I. Vernadsky, 29(68), 1, 19-24.

[12] Koziubra, M.I. (2020). General theory of law. Kyiv: Vaite.

[13] Krotenko, I. (2020). The revolution of dignity is over, but the revolution of the spirit is still going in. Retrieved from https://www.radiosvoboda.org/a/27378477.html

[14] Kyrydon, A.M. (2015). Euromaidan. Revolution of Dignity: Causes, nature, main stages. History Memory, 33, 17-32.

[15] Lukianov, D. (2015). Legal system as a subject of comparative law research: Characteristics of systems theory. Scientific Herald of the National Academy of Legal Sciences of Ukraine, 2(81), 27-35.

[16] Melnyk, R.S. (2015). The right to freedom of peaceful assembly: Theory and practice. Kyiv: Vaite.

[17] Miroshnychenko, M.I. (2015). The concept of the “legal system of Ukraine” in relation to the category of “legal system” in the context of the genetic structure of legal systems. Legal Scientific Electronic Journal, 4, 24-27.

[18] Nahrebelnyi, V.P. (2003). Legislative technique and efficiency of lawmaking in Ukraine. Journal of Kyiv University of Law, 3, 3-7. 

[19] Ofitsynskyi, R. (2005). Political development of independent Ukraine (1991-2004) in the aspect of European identity (on the materials of Western periodicals). Uzhhorod: Hradzha.

[20] Ordenov, S.S. (2017). Law as a benefit in the system of social relations: Socio-philosophical research. Bulletin of the National Aviation University, 1(25), 71-77.

[21] Petryshyn, O.V., Pohrebniak, S.P., & Smorodynskyi, V.S. (2015). Theory of state and law. Kharkiv: Pravo.

[22] Pilhun, N.V., & Vinichuk, O.Yu. (2018). Problems of realization and protection of human and civil rights and freedoms in Ukraine. Journal of the National University “Ostroh Academy”, 1(17), 1-13.

[23] Resolution of the Verkhovna Rada of Ukraine “On the political crisis in the state that arose in connection with the election of the President of Ukraine”. No. 2214-IV. (2004, November). zakon. rada.gov.ua. Retrieved from https://zakon.rada.gov.ua/laws/show/2214-15#Text

[24] Resolution of the Verkhovna Rada of the Ukrainian SSR “On consideration of the claims of students who have been on hunger strike in Kyiv since October 2, 1990”. No. 402-XII. (1990, October). Retrieved from https://zakon.rada.gov.ua/cgibin/laws/main.cgi?nreg=402-12#Text

[25] Revolution of Dignity. (2020). Retrieved from https://maidanmuseum.org/uk/storinka/revolyuciyagidnosti.

[26] Sambor, M.A. (2020). Features of legal terminology in formulating the concept of the right to freedom of peaceful assembly. Bulletin of Luhansk State University of Internal Affairs named after E.O. Didorenko, 1(89), 33-44. doi: 10.33766/2524-0323.89.33-44.

[27] Sereda, M.L. (2019). The right to peaceful assembly: Theoretical, practical and comparative legal aspects. Candidates thesis. Kyiv: National University.

[28] Shkarneha, O.S. (2016). Proceedings on the exercise of the right to peaceful assembly. Candidates thesis. Odesa: National University.

[29] Stepanenko, V. (2014). Civil society and deinstitutionalization in post-Maidan Ukraine. Ukrainian Society: Monitoring of Social Change, 1(15), 75-84.

[30] Stretovych, V. (1998). Legal system of Ukraine: General characteristics of the current stage of formation. Law of Ukraine, 1, 3-7.

[31] Ukraine has not signed an Association Agreement with the EU. (2020). Retrieved from https://www. bbc.com/ukrainian/politics/2013/11/131129_ukraine_eu_assignment_ek

[32] Vaskovska, O.V. (2007). Constitutional right to peaceful assembly and the mechanism of its implementation in Ukraine. Extended abstract of candidate’s thesis. Kyiv: National University.

[33] Vlasenko, O.L. (2011). Constitutional right of citizens to freedom of assembly, rallies, marches and demonstrations. Extended abstract of candidate’s thesis. Kyiv: National University.

[34] Zahorodniuk, A.H. (2021). The constitutional right of citizens to gatherings, rallies, marches and demonstrations: issues of theory and practice. Candidate’s thesis. Vinnitsa: National University.

[35] Zaichuk, O.V., & Onyshchenko, N.M. (2006). Theory of State and Law. Academic course. Kyiv: Yurinkom Inter.

[36] Law of Ukraine “On renewal of certain provisions of the Constitution of Ukraine”. No. 742-VII. (2014, February). Retrieved from https://zakon.rada.gov.ua/laws/show/742-18#Text

[37] Law of Ukraine “On Amendments to the Law of Ukraine “On Elimination of Negative Consequences and Prevention of Persecution and Punishment of Persons in Relation to Events Occurring during Peaceful Assemblies”. No. 731-VII. (2014, January). Retrieved from https://zakon.rada.gov.ua/laws/ show/731-18#Text

[38] Law of Ukraine “On amending Article 297 of the Criminal Code of Ukraine on liability for desecration or destruction of monuments erected in memory of those who fought against Nazism during World War II  – Soviet liberators, guerrillas, underground fighters, victims Nazi persecution, as well as internationalist soldiers and peacekeepers”. No. 728-VII. (2014, January). Retrieved from https:// zakon.rada.gov.ua/laws/show/728-vii#Text

[39] Law of Ukraine “On repealing some laws of Ukraine”. No. 732-VII. (2014, January). Retrieved from https://zakon.rada.gov.ua/laws/show/732-18#Text.