Criminal And Legal Investigation Of Violation Of The Right To Assembly And Association Freedom

Abstract

Scientific article is devoted to the issues of ensuring and implementing the right to freedom of assembly through the prism of criminal law research. It has been established that this issue has an international and national level. The Council of Europe Convention on Protection of Rights and Fundamental Freedoms and the practice of European Court of Human Rights provide opportunity to expand interpretation of the right to assembly freedom. In the criminal law sense, the right to freedom of assembly is ensured by Art. 340 of the Criminal Code of Ukraine: Illegal obstruction of the organization or holding of meetings, rallies, marches and demonstrations. Separate norms of the Special Part of the Criminal Code of Ukraine legally limit this right. Legal restrictions are contained in the Constitution and Laws of Ukraine. In wartime, this right is subject to limitation, but a reasonable balance of such limitation, obeying foundations of national security, peace, human security, and international legal order, remains important.