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 freedoms and a fundamental human right enshrined in a number of international and national legal acts. It provides the opportunity to freely assemble, hold peaceful actions and express one's views and beliefs. 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 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 assembly is guaranteed by the Constitution of Ukraine, which provides that citizens have the right to assemble peacefully, without weapons, and to hold meetings, rallies, marches and demonstrations, the executive authorities 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", which enshrines the right of every person to freely exercise the right to freedom of peaceful assembly, and also prohibits any discrimination in the exercise of this right.
Legal opinion of a lawyer
In connection with the above-mentioned 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 unreasonable restrictions on this right are illegal and subject to cancellation.
In case of violation of the right to freedom of assembly, the victims can apply to the administrative court to protect their interests. The Code of Administrative Procedure of Ukraine entitles every person to appeal the decisions, actions or inaction of subjects of power, which violated his rights, freedoms or legitimate interests.
Consultation of a lawyer and analysis of documents / legal analysis of the situation
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 its violation, the victims can apply to the administrative court to protect their interests. However, for the most effective defense of this right, 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.
