In modern society, the right to peaceful assembly consciously or unconsciously has the role of the bedrock upon which direct democracy is embodied. Sometimes, when this right is exercised, it encounters artificial obstacles to its exercise, in particular, where not only the holders of this right but also public administration entities do not understand and do not perceive the outer shell in which the right to peaceful assembly is exercised. At the same time, the issue of the form in which the right to peaceful assembly may be exercised remains understudied in the research literature and altogether disregarded in legislation. Only the Constitution of Ukraine to some extent enshrines a few forms for exercising the right to peaceful assembly.

The article aims at studying the constitutional forms in which the right to freedom of peaceful assembly may be exercised.

For the first time in modern national science, the author explores the implementation forms of the right to peaceful assembly and their constitutional institutionalization. To be exercised, the right to peaceful assembly requires a certain form of social communication which allows for implementing the right to freedom of peaceful assembly.

At the same time, where the forms of exercise of the right to peaceful assembly are delineated, such features of these forms may be highlighted as activity of participants which predetermines the division of forms into dynamic (marches, demonstrations) and static (rallies and meetings). An emphasis on the political component of these forms of exercising the right to peaceful assembly is unconvincing, although we can’t deny the issue of power and administration authorities which become the reasons and grounds for the use of these forms of exercising the right to peaceful assembly.

A rally of citizens is an organized presence of citizens in a predetermined place attributable to the existence of a range of problems which need to be resolved by immediate social communication – discussion. It is determined that the rally has the following signs: 1) citizens (although it would be more appropriate to talk about individuals who are citizens, foreigners, stateless persons or persons with multiple nationalities); 2) their quantitative characteristic – small quantity; 3) organized nature; 4) specifically designated place; 5) reason: political, social, economic, cultural and other problems; 6) a need for social communication to address these issues – discussion. At the same time, we believe that one more component is necessary: 7) interest implemented in the form of the subjective right – the right to peaceful assemblies.

The idea and purpose of a meeting is the impact of formulated ideas (we believe that such ideas are not only political in nature) not only on citizens, but also on public administration entities, other individuals or legal entities, this impact being aimed at enabling certain decisions in the interests of organizers and supporters of the ideas proclaimed at the meeting.

A demonstration is a certain conglomerate of marches, meetings and rallies, since it may combine these forms of exercising the right to peaceful assembly because the demonstration covers the venue and the route and also comprises the entirety of attributes which pertain to rallies and demonstrations and ensue from the implementation of political communication between separate individuals and groups.

Bibliography

Edited books

1. Hrytsenko T ta Ishchenko T ta Melnychuk T (red), Etyka dilovoho spilkuvannia: navchalnyi posibnyk [Ethics of Business Communication: Textbook] (Tsentr uchbovoi literatury 2007) (in Ukrainian).

2. Kravets Ye, ‘Demonstratsiia’ [‘Demonstration’] v Yurydychna entsyklopediia [Encyclopedia of Law], t 2: D-I (Shemshuchenko Yu hol redkol, Ukr entsykl 1999) (in Ukrainian).

3. Pustovit Zh, ‘Mitynh’ [‘Meeting’] v Yurydychna entsyklopediia [Encyclopedia of Law], t 3: K-M (Shemshuchenko Yu hol redkol, Ukr entsykl 2001) (in Ukrainian).

4. Stavniichuk M ta Ruda I, ‘Zbory hromadian’ [‘Rally of Citizens’] v Yurydychna entsyklopediia [Encyclopedia of Law] t 2: D-I (Shemshuchenko Yu hol redkol, Ukr entsykl 1999) (in Ukrainian).

Websites

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10. ‘Forma’ [‘Form’] (Vikipediia – vilna entsyklopediia) <https://uk.wikipedia.org/wiki/ Forma> (accessed: 20.05.2019) (in Ukrainian).

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