The Practice of Introducing Restrictions on the Right to Freedom of Peaceful Assembly within Administrative Proceedings and the Place of the Judicial Branch of Power in Determining the Admissibility of Such Restrictions
Abstract
The author has researched the practice of the executive branch of power of Ukraine in establishing a collective (general) ban and restriction of the right to freedom of peaceful assembly under quarantine, as well as the place and role of the judicial branch of power represented by the Supreme Court and the Constitutional Court of Ukraine in determining the constitutionality of such restrictions and prohibitions.
The powers of the Supreme Court on the constitutional submission to the Constitutional Court of Ukraine on the constitutionality of the Resolution of the Cabinet of Ministers of Ukraine “On quarantine to prevent the spread of acute respiratory disease COVID-19 caused by coronavirus SARS-CoV-2 and stages of weakening of anti-epidemic measures” dated from May 20, 2020 No. 392 on the establishment of a ban on the exercise of the right to freedom of peaceful assembly within administrative proceedings during the introduction of quarantine in Ukraine, as well as the justification of such a constitutional submission.
It is important to analyze and form a legal understanding of the Decision of the Constitutional Court of Ukraine on the unconstitutionality of restricting and prohibiting the exercise of the right to freedom of peaceful assembly during quarantine within administrative proceedings – by adopting the relevant resolution by the Cabinet of Ministers of Ukraine, which was the result of administrative discretion of the highest agency in the system of executive agencies of Ukraine. In this regard, the study focuses on the motivation and validity of the decision of the agency of constitutional jurisdiction and understanding of those legal and social values that were the basis for the judges of the Constitutional Court of Ukraine while adopting the decision dated from August 28, 2020 No 10-r/2020.
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References
Beha V., 2020. The WHO wants to analyse data on a drug that Putin calls the COVID-19 vaccine. Not everything is smooth with him [VOOZ khoche proanalizuvaty dani pro preparat, yakyi Putin nazyvaie vaktsynoiu proty COVID-19. Z nym ne vse hladko]. [online] Hromadske. Available at https://hromadske.ua/posts/vooz-hoche-proanalizuvati-dani-pro-preparat-yakij-putin-nazivaye-vakcinoyu-proti-covid-19-z-nim-ne-vse-gladko [Accessed 14 September 2020].
Trump said the vaccine could be COVID-19 available in the United States next month [Tramp zaiavyv, shcho vaktsyna proty COVID-19 mozhe ziavytysia u SShA vzhe nastupnoho misiatsia]. [online] Ukrinform. https://www.ukrinform.ua/rubric-world/3093972-tramp-zaaviv-so-vakcina-proti-covid19-moze-zavitisa-u-ssa-vze-nastupnogo-misaca.html [Accessed 14 September 2020]
Sambor M.A., 2020. The right to freedom of peaceful assembly in the context of quarantine measures during an emergency [Pravo na svobodu myrnykh zibran v umovakh realizatsii karantynnykh zakhodiv pid chas nadzvychainoi sytuatsii]. In: National Academy of Legal Sciences of Ukraine et al. Legal bases of epidemic safety: challenges and prospects [Pravovi zasady epidemichnoi bezpeky: vyklyky ta perspektyvy]. Poltava, 29 April. Kharkiv: Pravo. Pp. 255-263.
Sambor M., 2019. State of emergency as a condition for restricting the right to freedom of peaceful assembly [Nadzvychainyi stan yak umova obmezhennia prava na svobodu myrnykh zibran]. Pravo Ukraïni – Law of Ukraine, No. 4, pp. 183-195.
Onishchuk M. and Savchyn M., 2020. Direct effect of the Constitution and implementation of its provisions in administrative proceedings [Priama diia Konstytutsii ta implementatsiia yii polozhen v administratyvnomu sudochynstvi] Slovo Nacìonalʹnoï školi suddìv Ukraïni – Slovo of the National School of Judges of Ukraine, No. 2, pp. 6-26.
Sambor M., 2018. Administrative discretion in administrative-delict law. Scientific Bulletin of the Dnipropetrovsk State University of Internal Affairs, Spec. iss. 2, pp. 115-121.
Copyright (c) 2020 M. A. Sambor
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