Informing the defendant in cases of administrative claims of the subjects of power authorities on the establishment of restrictions on the exercise of the right to freedom of peaceful assembly on trial in court
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2019, Vol 1, Issue 1
Abstract
The purpose of this article is to study the issues of legal regulation of ensuring the availability and participation of the defendant in the process of considering an administrative case on limiting the right to freedom of peaceful assembly, aimed at presenting their own legal position in court and the possibilities of defending this right. In the work we used the general dialectical method, general scientific methods of cognition (analysis and synthesis, induction and deduction, comparative law and formal legal methods). As the main methods used analysis, synthesis, modeling. In the article critical analysis is subjected to procedural guarantees in cases of administrative claims of subjects of power authorities to individuals and legal entities to establish restrictions on the exercise of their right to freedom of peaceful assembly. It was concluded that the lack of information on the submission to the defendant in administrative cases of executive bodies and local self-government bodies of the establishment of restrictions on the exercise of the right to freedom of peaceful assembly of a summons on the time, date and place of consideration of such a case constitutes a significant obstacle to the protection of the defendant the exercise of his subjective right to a peaceful assembly through the use of his rights as a party to the process, procedural rights to defend his own legal position in the case. Awareness of the subject that the court will consider a case directly related to his right to freedom of peaceful assembly is an integral part of the right to a fair trial, as indicated by the European Court of Human Rights in its decisions. The lack of confirmation of the receipt of such subpoenas or communications to defendants leads to a violation of the principles of justice, in particular discretion, the right to protection, the rule of law and access to justice, makes it impossible for the court to present a legal position of the defendant for consideration when adopting a substantiated and motivated court decision that would was based on an objective, complete and impartial investigation of the circumstances of the case, in strict accordance with the norms of administrative procedural law. substantive law. The existing norms of positive law, in particular those contained in the Code of Administrative Justice of Ukraine, the legal position of the Supreme Court in similar cases, certifies that the defendant's lack of knowledge of the existence of a lawsuit against the defendant, deprivation of the latter's ability to file an appeal for an administrative suit, and to present his own legal position for the subject of a dispute, becomes the legal basis for filing a cassation appeal and the court's revocation of the cassation instance decisions of the courts of the first and appellate instances.
Authors and Affiliations
M. A. Sambor
Keywords
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- EP ID EP584581
- DOI 10.31733/2078-3566-2019-1-76-84
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