Review of decisions in cases of administrative offenses for violation of the order of organizing and holding meetings, rallies, street marches and demonstrations under the legal regime of martial law

Abstract

The article examines the peculiarities of the law enforcement practice of courts of appeals when reviewing decisions in cases on appeals in cases of administrative offenses for violation of the order of organizing and holding meetings, rallies, street marches and demonstrations under the conditions of the legal regime of martial law in Ukraine. Attention is drawn to the quality of argumentation of decisions in cases of administrative offenses for violation of the order of organizing and holding meetings, rallies, street marches and demonstrations under the conditions of the legal regime of martial law in Ukraine. Special attention is paid to the conditions of use and exercise of the right to freedom of peaceful assembly. The issue of forming a unified legal position regarding the application of positive law norms to regulate the use and exercise of the right to freedom of peaceful assembly under the conditions of the legal regime of martial law is being investigated. The specifics of the argumentation of decisions made by appeal courts in cases of administrative offenses are analyzed, in particular the specifics of the exercise of the right to freedom of peaceful assembly under the conditions of the legal regime of martial law and the influence of such a legal regime on the application of administrative responsibility for violating the order of organizing and holding meetings, rallies, street marches and demonstrations. Attention is drawn to the fact that the peculiarities of the legal regime are not reflected in the decisions of appeal courts, although such a legal regime significantly affects the use and exercise of the right to freedom of peaceful assembly. A separate issue is the specifics of the use by courts of appeal of the legal positions formulated in the decisions of the Supreme Court regarding the treatment of individual pieces of evidence and their sources. Based on the conducted research, the appellate courts, first of all, in order to determine the grounds for the application of administrative responsibility, find out exactly the composition of the administrative offense, while the conditions for the use and exercise of the right to freedom of peaceful assembly, the introduced administrative rules regulating the use and exercise of the right to freedom of peaceful assembly remain out of courts consideration. No less important is the lack of motivation in distinguishing the right to freedom of peaceful assembly, administrative liability for violation of the use and exercise of this right from other constitutional rights, which significantly affects the application of administrative liability. It has been proven that the formation of a legal position by courts based on the principles of the rule of law, observance of human rights and freedoms guarantees a positive assessment and perception of such decisions by the individual and society, will indicate trust in the judicial branch of government, and most importantly – will contribute to the effective regulation of social relations with the help of legal norms.

Keywords

• appeal
• court
• right to freedom of peaceful assembly
• legal regime
• martial law.