Freedom as an element of the right to freedom of peaceful assembly

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Freedom as an element of the right to freedom of peaceful assembly

Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 0, Issue 0

Abstract

The article investigates the philosophical and legal understanding of the concept of «freedom». The immediate subject of the study is a meaningful analysis of the concept of «freedom» within the scope of the right of a person to freedom of peaceful assembly. The author analyzes the components of freedom, which must be an integral part and the filling of the right to freedom of peaceful assembly. Freedom is usually combined with movement, but the category of «freedom» is much broader, so linking «freedom» solely with the movement of a person is, in our opinion, a substantial nature and essence of this category. Freedom – the opportunity to make choices according to their desires, interests and goals based on knowledge of objective reality. Freedom is associated with the choice: to work or to abstain, together with the provision of the opportunity of choice, freedom itself establishes the appropriate scope of such opportunities. Legal freedom is the permission to do certain actions, without having to worry about whether this permission to act is real, that is, the legal definition remains formal, abandoning the real conditions for its implementation. We can state that freedom, as a legal category, is distinguished by the combination of its philosophical content, adjusted in the functional boundaries of the implementation of a separate subjective right, guaranteed by the norm of objective law. Freedom should be perceived as an opportunity, independently of other parties to the relationship, to realize their own interests, primarily irrespective of the state, which in turn emphasizes the assurance that the subject of the content of his interest will be implemented by creating the appropriate unimpeded conditions. Within the scope of the right to freedom of peaceful assembly, based on the doctrine of international law, the understanding of the right to peaceful assembly, which (right) is exercised by everyone solely in his interests, is unhindered by both the third parties and, above all, by the state as a special political-legal and territorial association of people. I am convinced that the formation of a legal doctrine of understanding the concept of "freedom" and its content content during the legal consolidation of the right to freedom of peaceful assembly, and especially in the exercise of the subjects of this right, will become an effective measure of democratic and civil society in Ukraine, where a person, her rights and freedoms, honor and dignity will indeed determine the guiding principles of the state, its institutions and individual officials.

Authors and Affiliations

M. A. Sambor

Keywords

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EP ID EP576067
DOI 10.31733/2078-3566-2018-5-210-215
Views 109
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