Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

The Standards of Public Administration Activities in the Sphere of Peaceful Assembly (Based on the Case Law of the European Court of Human Rights)

Author(s): Roman S. Melnyk, Tetiana V. Chekhovych, Yaroslav V. Lazur, Ruslan M. Bilokin, Serhii M. Stremenovskyi

Purpose: The article is to analyze the standards of public administration activities in the sphere of peaceful assembly, based on the relevant judgments of the European Court of Human Rights. Methodology: The study used general scientific and special methods of legal science, in particular, analysis and synthesis method, logical method, comparative and legal method, normative-dogmatic method, legal modeling method. The results of the study: It has been stated that the issue of peaceful assembly has always been, is, and undoubtedly will remain relevant both from a theoretical and a practical point of view, since peaceful assembly is not only a criterion for determining the level of democracy in the country, but also an extremely effective method of public control over the institutions of public authority. Practical Implications: It has been proved that every representative of the public administration and every judge of administrative courts are obliged to verify the compliance of any judgment in the mentioned area with the ECHR’s case law. This also applies to the organizers (participants) of peaceful assembly, which would help them to better understand their own legal status in this area. Value/Originality: All the judgments of the ECHR regarding the issues of peaceful assembly and assessing both the legislation and the actions of public administration officials have been evaluated by the specific aspects.