The right to freedom of peaceful assembly through the prism of the rule of law: content, convergence of relationship

Human rights, freedoms and interests determine the content and direction of the activities of a democratic state, are the content of social relations in a democratic civil society. Reflecting on the issues of positive and negative intervention of the state, state apparatus, state bodies, local self-government bodies in public relations on the use, exercise and restoration of the right to freedom of peaceful assembly, the question arises of the influence of fundamental principles on their organizational and practical activities, among which the principle of the rule of law holds a special place. Rights and freedoms, depending on the influence of the state on the mechanisms and algorithms of their implementation, are divided into positive and negative. It is obvious that such a classification occurs under the direct influence of the principle of the rule of law. The conducted research allows us to assert that not only the principle of the rule of law affects the use and exercise of the right to freedom of peaceful assembly, but also vice versa – the right to freedom of peaceful assembly affects the content and form of the rule of law. The right to freedom of peaceful assembly is a marker of the democratic regime of the state, on which the rule of law is directly dependent. Instead, the rule of law, as the key architecture of the state and its apparatus, determines the limits of interference in the exercise of the right to freedom of peaceful assembly, ensuring the conditions for the freedom to exercise this right, as well as observing the fundamental features of the right to freedom of peaceful assembly: freedom of exercise and peacefulness. The results obtained as a result of scientific research are aimed at: 1) enriching theoretical knowledge about the place and role of the rule of law principle in the actions of public administration subjects in creating conditions for the use and exercise of the right to freedom of peaceful assembly; 2) forming systemic ties of interaction and mutual influence of the rule of law principle and the right to freedom of peaceful assembly; 3) building a holistic system of equal use and freedom of exercise of the right to freedom of peaceful assembly, limiting the interference of state authorities and local self-government subjects in the exercise of this right, limiting the latter to the scope of creating fair conditions for its exercise and legitimate grounds for restriction or prohibition; 4) improvement of the system of national legislation in the field of use, exercise and restoration of the right to freedom of peaceful assembly, as well as regulation of the powers of state authorities and local self-government bodies.

rule of law, right to freedom of peaceful assembly, operation of law, subjects of public administration, freedom, equality, justice, use, exercise of law