THE ESSENTIAL FEATURES OF «PEACEFUL ASSEMBLY» AS A LEGAL CATEGORY
Journal Title: Науковий вісник Ужгородського національного університету. Серія: Право - Year 2018, Vol 53, Issue 1
Abstract
The term “peaceful assembly” probably is familiar to everyone. When we hear it the picture of protesting men with banners and loudspeakers usually appears in our minds. Nevertheless when it comes to practice it is not an easy thing to distinguish “peaceful assembly” and other public events that contains group of people gathering together for a common purpose. Because there is no legal definition of the “peaceful assembly” as a legal category and the court practice on the issue is rather controversial the aim of this article is to fill the gap and present the author’s point of view to the characteristic features of “peaceful gatherings” as a legal category. As a result of a investigation the author makes a conclusion that the peaceful assembly as a legal phenomenon is characterized by: 1) an informed (meaningful) meeting of a group of individuals; 2) with the purpose of public expression or formulation of common views; 3) in a particular physical place (territory, route); 4) in a peaceful manner. In addition to the main features, the author point out some additional (the presence of the organizer, the use of participants in the collection of public communication facilities, etc.), which may be useful in demarcating peaceful gatherings from related categories.
Authors and Affiliations
М. Л. Середа
Keywords
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