Publication date: 10.06.2024
Lawyer
Legal aspects of the protection of the right to freedom of assembly for persons who have suffered violence due to their political activities
Introduction
Freedom of assembly is one of the key democratic values and fundamental human rights enshrined in a number of international and national legal acts. However, in the context of armed conflicts and political persecution, this right is often violated. Individuals who have experienced violence due to their political activities may face various restrictions on the exercise of the right to freedom of peaceful assembly. In this article, we will consider the legal aspects of the protection of this right for the specified category of persons.
Legal opinion
The right to freedom of peaceful assembly is guaranteed by Article 39 of the Constitution of Ukraine, which provides that citizens have the right to assemble peacefully, without weapons, and hold meetings, rallies, marches, and demonstrations, the executive power bodies or local self-government bodies are notified of their holding in advance.
An important legislative act in this area is the Law of Ukraine "On Freedom of Peaceful Assembly". Its article enshrines the right of every natural person to freely exercise the right to freedom of peaceful assembly, and the article prohibits any discrimination in the exercise of this right.
Legal opinion of the lawyer
According to the current legislation, persons who have experienced violence due to their political activities have the same right to freedom of peaceful assembly as other citizens of Ukraine. Any limitations of this right must be clearly justified and established exclusively by law.
In case of violation of the right to freedom of assembly, the victims can apply to the administrative court to protect their interests. According to the article of the Code of Administrative Procedure of Ukraine, every person has the right to apply to the administrative court if he believes that his rights, freedoms or legitimate interests have been violated by a decision, action or inaction of a subject of authority.
Consultation of a lawyer and analysis of documents
In order to effectively protect their right to freedom of assembly, individuals who have experienced violence due to their political activities are advised to consult with a qualified lawyer. During the consultation, the lawyer will be able to analyze the available documents and the situation as a whole, provide a legal opinion on possible ways to solve the problem, and prepare the necessary legal documents.
In particular, a lawyer can help with the drafting of official appeals to state authorities and law enforcement agencies regarding the provision of the right to freedom of assembly, as well as with the preparation of an administrative lawsuit to the court in case of refusal to grant such appeals.
The involvement of an experienced lawyer will significantly increase the chances of successful protection of the right to freedom of assembly and the abolition of any illegal restrictions on the exercise of this right for persons who have experienced violence due to their political activities.
Conclusion
The right to freedom of peaceful assembly is an inalienable right of every person, which is guaranteed by the Constitution of Ukraine and other legislative acts. Persons who have suffered violence due to their political activities cannot be unlawfully restricted in the exercise of this right. In case of violation of the right to freedom of assembly, the victims can apply to the administrative court for its protection. However, for the most effective defense of your interests, it is recommended to consult a lawyer who will be able to analyze the documents, provide a legal opinion and prepare the necessary legal documents.
