Infopaket

Judicial review of disputes on restrictions of the right to freedom of peaceful assembly

Вибіркова дисципліна для ОП

Second

2023/2024

1 Semester

1

To asess the nature and character of social processes and phenomena, and show understanding of the boundaries and mechanisms of their legal regulation. To analyze and evaluate the practice of applying of individual legal institutions. To identify a topical practical or scientific problem, plan and perform the research of its solving, select relevant methodologies and sources. Productively participate in theoretical and applied researches in the field of law. To know the basic concepts, nature, stages of formation and development of the right to peaceful assembly. To know the basic approaches to the classification of signs of the right to peaceful assembly. To know the grounds and procedure for restricting the right to peaceful assembly.

External form

To know the essence and legal nature of the concept of the right to peaceful assembly; grounds and procedure for restricting the right to peaceful assembly; legal mechanisms to prevent discrimination against the right to peaceful assembly of certain categories of persons. To be able to distinguish between the forms of peaceful assembly, determine the most effective forms and methods of exercising the right to peaceful assembly; to determine the legality or illegality of the restriction of the right to peaceful assembly. To have the skills to identify, select and implement the most effective means of protecting the right to peaceful assembly, also taking into account the specifics of the practical situation and using legal methods to resolve disputes that may arise.

When studying the discipline the following aspects are revealed: the concepts, meanings, the development of skills to identify, select and implement the most effective means of protecting the right to peaceful assembly; on the basis of current legislation of Ukraine, the achievements of domestic and foreign legal science, also the practice of national and international (European) courts, a scientific interpretation of the essence and content of the right to freedom of peaceful assembly is exercised, guaranteed by Article 39 of the Constitution of Ukraine, the analysis of features of judicial consideration of disputes about formation of restrictions on realization of the right to freedom of peaceful assembly is carried out.

1.Sereda M.L. The right to peaceful assembly: theoretical, practical, comparative legal aspects: dis...for PhD degree, Nat.Univ."Kyiv-Mohyla Academy",2019.204 p. 2.Vlasenko S.O., Hrishyna S.O. Reasonable measures for interfierence into realization of the freedom to peaceful assembly in the court practice of the ECHR (substantiation).Legal scientific electronic journal.2021.#4. P.594-597. 3.Melnyk R. The right to peaceful assembly. Legislation. Commentary. Judicial practice. Kyiv: Yurinkom Inter, 2015. 240 p. 4.Kuybida R.O, Sereda M.L. Freedom of peaceful assembly: Ukrainian. 2017. URL: http://democracyreporting.org/wp-content/uploads/2017/02/DRI-UA_Freedom-of-Assembly_ua.pdf 5. Alionkin O. Peaceful assembly in Ukraine: granting the right.Public law.2021.#1.P.71-80. 6.Administrative law: full course.Manual, under ed. V.Halouniko, P.Dikhtievsky.Kh., Oldy-Plus, 2021. 7.Administrative process in Ukraine: collective monograph.Kh., 2021.842 p.

Lecture, seminar, independent work, also solving legal problems, tasks, testing, tests.

semester assessment: 1. Report (speech on a given topic) - up to 3 points; 2. Supplement to the report - 1 point; 3. Solving a legal problem - up to 5 points; 4. Participation in the discussion - up to 2 points; 5. Solving problems - up to 5 points; 6. Test - up to 10 points. - final assessment: credit in written and test form.

Ukrainian