PROBLEMATIC ISSUES OF ADMINISTRATIVE LIABILITY FOR VIOLATION OF THE ORDER OF ORGANIZATION AND HOLDING OF MEETINGS, RALLIES, STREET MARCHES AND DEMONSTRATIONS

Abstract

Today, the population of Ukraine is increasingly defending their rights through mass events. However, such «street democracy» testifies not only to the high consciousness of society, which realizes its own, guaranteed by the Constitution of Ukraine, the right to peaceful assembly. Negative manifestations of such mass events are destabilization of public authorities and institutions, violation of public order and security, leveling of democratic values and so on. In this aspect, the state mechanism for counteracting «abuse of rights», which is manifested in measures of administrative coercion against persons who violate the organization and holding of meetings, rallies, street marches and demonstrations, needs to function effectively. The aim of the article is to reveal the problematic issues of administrative liability for violation of the organization and conduct of meetings, rallies, street marches and demonstrations, as provided by Article 185-1 of the Code of Administrative Offenses. Achieving this goal will contribute to the integrated use of methods and techniques of scientific knowledge based on dialectical and inductive methods. Scientific novelty. The article considers and specifies the main problematic issues related to the application of the provisions of Article 185-1 of the Code of Administrative Offenses in cases of violating the organization and holding of meetings, rallies, street marches and demonstrations. In conclusion, the article emphasizes that the problem of exercising the right to peaceful assembly is becoming more acute, and therefore it is necessary to take a comprehensive approach to its solution. An important and necessary condition here is the solution of problematic issues of administrative liability for violation of the organization and conduct of meetings, rallies, street marches and demonstrations, which should take place at the legislative level. Of course, the simplest option is to repeal the provisions of Article 185-1 of the Code of Administrative Offenses. The procedure for holding peaceful assemblies needs to be adopted, although this scenario is much more difficult to implement and enforce.