{"title":"将限制和平集会权纳入隔离措施的问题方面","authors":"Serhii Harhun","doi":"10.30970/jcl.1.2021.5","DOIUrl":null,"url":null,"abstract":"on the right to peaceful assembly. The issue of normative consolidation of administrative liability for violation of the relevant quarantine rules as an integral part of the concept of \"restriction\" is also covered. It is substan-tiated that sanction norms, in particular in the studied context, are secondary in relation to the legal norms that establish the relevant rules. In this regard, it is concluded that the current restrictions (that is, systemically interdependent rules of regulatory and sanction nature) of the right to peaceful assembly in quarantine measures, in addition to obvious signs of unconstitutionality of their regulatory enshrinement in regulatory law, also have significant shortcomings in related sanctions legislation.","PeriodicalId":246696,"journal":{"name":"Ukrainian Journal of Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2021-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Problematic aspects of incorporation of restrictions of the right to peaceful assembly under the quarantine measures\",\"authors\":\"Serhii Harhun\",\"doi\":\"10.30970/jcl.1.2021.5\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"on the right to peaceful assembly. The issue of normative consolidation of administrative liability for violation of the relevant quarantine rules as an integral part of the concept of \\\"restriction\\\" is also covered. It is substan-tiated that sanction norms, in particular in the studied context, are secondary in relation to the legal norms that establish the relevant rules. In this regard, it is concluded that the current restrictions (that is, systemically interdependent rules of regulatory and sanction nature) of the right to peaceful assembly in quarantine measures, in addition to obvious signs of unconstitutionality of their regulatory enshrinement in regulatory law, also have significant shortcomings in related sanctions legislation.\",\"PeriodicalId\":246696,\"journal\":{\"name\":\"Ukrainian Journal of Constitutional Law\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-03-31\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Ukrainian Journal of Constitutional Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.30970/jcl.1.2021.5\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Ukrainian Journal of Constitutional Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.30970/jcl.1.2021.5","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Problematic aspects of incorporation of restrictions of the right to peaceful assembly under the quarantine measures
on the right to peaceful assembly. The issue of normative consolidation of administrative liability for violation of the relevant quarantine rules as an integral part of the concept of "restriction" is also covered. It is substan-tiated that sanction norms, in particular in the studied context, are secondary in relation to the legal norms that establish the relevant rules. In this regard, it is concluded that the current restrictions (that is, systemically interdependent rules of regulatory and sanction nature) of the right to peaceful assembly in quarantine measures, in addition to obvious signs of unconstitutionality of their regulatory enshrinement in regulatory law, also have significant shortcomings in related sanctions legislation.