scholarly journals On Some Problems of Holding Public Events

2021 ◽  
Vol 17 (3) ◽  
pp. 16-22
Author(s):  
A. A. Sultanova ◽  
D. V. Sennikova
Keyword(s):  
Public Safety ◽  
Public Order ◽  
Public Events ◽  
Constitutional Right ◽  
The Right

The article analyzes the problems of holding public events. The authors draw attention to the need to transform legislation on the exercise of the right to assemble peacefully without weapons, to establish criteria for a mass event and to define an open list of public events, so that demonstrations in new and emerging forms are possible within the framework of current legislation and achieve the goal of ensuring the rights of citizens, as well as ensuring public order and public safety. In addition, the article raises the question of the inadmissibility of unjustified restrictions on the constitutional right to express one’s opinion.

scholarly journals Prawo do bezpieczeństwa i porządku publicznego w realizacji prawa do zgromadzeń. Wybrane zagadnienia

Prawo ◽  
2017 ◽  
Vol 323 ◽  
pp. 173-182
Author(s):  
Jakub Zabłocki
Keyword(s):  
Public Order ◽  
Security Measures ◽  
Constitutional Right ◽  
The Right ◽  
Right Of Assembly

The right to safety and public order in the exercise of the right to assembly. Selected issuesThe subject of the article is the issue of security and public order, analyzed on the basis of the imple­mentation of the constitutional right of assembly. The existing Law on Assembly contains numerous provisions on the need for security measures, both in the preparation of the assembly as well as in its course. Obligations are related both to the municipality as well as the organizer. The author makes an interpretation of selected statutory provisions with respect to the position of law and jurisprudence of the courts.

scholarly journals LIMITATION OF THE RIGHT TO FREEDOM OF SPEECH ON THE INDONESIAN CONSTITUTIONAL COURT CONSIDERATION

2021 ◽  
Vol 14 (1) ◽  
pp. 19-36
Author(s):  
Titis Anindyajati
Keyword(s):  
Social Media ◽  
Judicial Review ◽  
Hate Speech ◽  
Freedom Of Speech ◽  
Comparative Approach ◽  
Public Order ◽  
Constitutional Court ◽  
Social Media Platforms ◽  
Constitutional Right ◽  
The Right

Nowadays, everyone tends to use the right to freedom of speech without limitation, such as emergences of hate speech expression on various social media platforms. However, such expression is regulated by Article 28, paragraph (2) of the ITE Law and deemed to be contrary to public order. On the other hand, this law was considered by some people as a criminalization towards the right to freedom of speech. This paradox becomes a big issue that never ceases to be discussed. That is why Constitutional Court had conducted judicial review on some norms related to freedom of speech. This study aims to analyze the Constitutional Court decision towards the polarity of the right to freedom of speech and the public order. This study uses normative research with the statutory, analytical and comparative approach. Therefore, the results show the importance of limitation in implementing the freedom of speech to protect the constitutional right of society as stated in the 1945 Constitution. Despite the already decided judicial review by the Court, there is still an urgency to revise The ITE law in order to clarify certain rules related to hate speech in social media.

scholarly journals Problems of legal regulation of public order maintenance and public safety during cultural and entertainment events

2021 ◽  
Vol 2021 (2) ◽  
pp. 126-134
Author(s):  
Roman Avrutin ◽  
Aleksey Shihalov
Keyword(s):  
Public Safety ◽  
Legal Regulation ◽  
Political Life ◽  
Public Order ◽  
Normative Documents ◽  
Starting Point ◽  
Wide Scale ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Political Actions

The article examines certain issues of normative regulation of the procedure for organizing and holding social-political, sports, cultural and entertainment events. The authors point out that the Constitution of the Russian Federation guarantees every citizen a number of rights and freedomsthat include the opportunity to express their thoughts and participate in the political life of the country discussing, accepting or rejecting certain ideas and opinions, participating in meetings, rallies, demonstrations and processions. Realizing the constitutional right to rest citizens participate in cultural and entertainment events, in sports competitions and contests. All these events are close in terms of normative regulation and are defined by legislative acts as wide-scale public actions. It is publicity and mass character, according to the authors, that manifestthe unity of these areas of public life. At the same time, the analysis of existing normative documents in this area carried out in the article reveals a number of existing gaps in the normative regulation of the procedure for organizing and holding cultural and entertainment eventswhich differ in their content from political actions and sports competitions. The revealed problem pointsand the current situation served as a starting point for writing this article, and as a conclusion the authors come up with their solution to the problem of normative regulation of the procedure for organizing and holding mass cultural and entertainment events, maintaining public order and ensuring public safety in the course thereof.

Exercising Religious Freedom in the Public Space: A Comparative and European Convention Analysis of General Burqa Bans

2011 ◽  
Vol 7 (3) ◽  
pp. 424-452 ◽  
Author(s):  
Gerhard van der Schyff ◽  
Adriaan Overbeeke
Keyword(s):  
The Netherlands ◽  
Comparative Study ◽  
Public Space ◽  
Public Safety ◽  
Religious Freedom ◽  
European Convention ◽  
Freedom Of Religion ◽  
Public Order ◽  
The Public ◽  
The Right

Analysis of the justifiability of general burqa bans in public – Comparative study of burqa bans in France, Belgium and concept legislation in the Netherlands – Evaluation of burqa bans in light of the Article 9 ECHR, the right to freedom of religion – Evaluation of grounds for introduction of bans, including public safety, public order and the protection of rights and freedoms of others – Conclusion: general burqa bans diffcult to justify in the light of ECHR standards

The European Court of Human Rights and Religious Rights

1998 ◽  
Vol 47 (3) ◽  
pp. 680-687 ◽  
Author(s):  
Peter W. Edge
Keyword(s):  
Human Rights ◽  
Public Safety ◽  
Teaching Practice ◽  
Democratic Society ◽  
European Convention ◽  
Public Order ◽  
Article 9 ◽  
European Court ◽  
Freedom Of Thought ◽  
The Right

Article 9 of the European Convention on Human Rights provides:1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

scholarly journals INTRODUCTION OF THE SCANDINAVIAN MODEL OF PUBLIC SAFETY AND ORDER DURING MASS EVENTS IN THE ACTIVITIES OF THE NATIONAL POLICE OF UKRAINE

2021 ◽  
Vol 1 (1) ◽  
pp. 123-131
Author(s):  
Oleksiy Ulianov ◽  
◽  
Oleksandr Nikolayev ◽  
Yevhen Bakhchevan ◽  
◽  
...  
Keyword(s):  
Local Governments ◽  
Public Order ◽  
Constitutional Court ◽  
Legal Basis ◽  
Public Events ◽  
Points Of View ◽  
The Right ◽  
National Police ◽  
Mass Events ◽  
Different Parts

The article reveals the features and advantages of the Scandinavian model of public order and security during mass events. One of the key elements of the new concept of public order protection is the introduction of «dialogue police». There are four points of view of this approach – first, get as much knowledge as possible about the composition of any crowd, second, learn to distinguish between different parts of the crowd and identify the possible risks, third, constant dialogue and communication with event organizers and crowd members and finally, assistance. The concept of public order is revealed. The legal basis for holding mass events in Ukraine is analyzed. It is established that the lack of a special law on holding mass events is one of the problems of realization of the Scandinavian model. According to the Article 39 of the Constitution of Ukraine, citizens have the right to assemble peacefully, without weapons and to hold meetings, rallies, marches and demonstrations, the holding of which is notified in advance to the executive authorities or local governments. Restrictions on the exercise of this right may be imposed by a court in accordance with the law and only in the interests of national security and public order – in order to prevent riots or crimes, to protect public health or to protect the rights and freedoms of others. According to the Decision of the Constitutional Court of Ukraine, relations in the field of holding mass events can only be regulated by law. To implement the basic principle of the «dialogue policing», which provides communication between the police and the organizers of mass events, it is important to establish a clear procedure for notification of such events. The necessity of adopting a special law on public events in Ukraine, as well as determining the procedure for notification of public events that must be submitted to the national police, has been substantiated.

Some problems of psychological support for police officers in crowded places

2018 ◽  
Vol 3 (1) ◽  
pp. 42-47
Author(s):  
Дмитрий Власов ◽  
Dmitriy Vlasov
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Public Safety ◽  
Specific Region ◽  
Psychological Support ◽  
Public Order ◽  
Psychological Preparation ◽  
Public Events ◽  
New Methods

The article is devoted to the problem of psychological preparation and psychological readiness of the personnel of law enforcement bodies to perform operational and official tasks to protect public order and ensure public safety during various public events. The need to develop and introduce new methods of actions or behavior of employees with modeling of non-standard situations, taking into account a specific region, its territorial, economic, national, and social specifics is shown.

scholarly journals Psychological components of police care as a factor of guaranteeing public safety

2018 ◽  
Vol 71 (4) ◽  
pp. 85-90
Author(s):  
H. V. Dzhahupov
Keyword(s):  
Police Officer ◽  
Public Safety ◽  
Preventive Measure ◽  
Psychological State ◽  
Public Order ◽  
General Rules ◽  
Close Cooperation ◽  
The Law ◽  
The Right ◽  
National Police

The application of police care as a completely new measure for Ukraine has been analyzed. This measure appeared on the list of preventive police measures (c. 11, Part 1 of the Art. 31), as soon as the Law of Ukraine “On the National Police” came into force. It has been substantiated that the research of police care is significant not only in the context of developing the mechanism of this measure, but also in the context of the problems of close cooperation and interaction of police agencies with citizens, territorial communities and public institutions on the principles of partnership and focus on addressing their needs, in particular, to ensure public safety. The analysis of existing research of the concept, content and significance of public safety and order has been carried out. It has been concluded that the term “public order and safety” is not legally defined at present time, but the analysis of regulatory acts and different views of scholars testifies to the homogeneity of the notions of “public order and safety” and “public policy and safety”. It has been stressed that the implementation of this preventive measure by the police is impossible without understanding the psychological aspect of this issue and taking into account the psychological state of a police officer. One of the most important components of this process, in the opinion of the author, is the observance of general rules of communication; a police officer during the communication with people also must comply with the requirements of the Constitution of Ukraine. It has been noted that although the content of the minutes on the use of police care is provided in Part 4 of the Art. 41 of the Law of Ukraine “On the National Police”, but in practice there are a lot of questions regarding this matter, therefore its appropriate form should be approved. We offer to authorize a patrol police officer or a community police officer to have the right to execute a process-verbal. It has been concluded that the resolution of stated issues will contribute to the clear and effective implementation of the norms of the current legislation by the staff of the National Police. The deeper study of the issues of psychological components of both police care, and other preventive police measures has been defined as a perspective area.

scholarly journals After Mazibuko: Exploring the responses of communities excluded from South Africa's water experiment

2017 ◽  
Vol 61 (1) ◽  
pp. 57-81 ◽  
Author(s):  
Nathan John Cooper
Keyword(s):  
South Africa ◽  
Resource Allocation ◽  
Social Engagement ◽  
Water Allocation ◽  
Constitutional Court ◽  
Water Access ◽  
Cultural Phenomenon ◽  
Legal Provisions ◽  
Constitutional Right ◽  
The Right

AbstractDespite a constitutional right to water, challenges remain for access to sufficient water in South Africa. This article considers the degree to which current legal provisions perpetuate approaches that are antithetical to genuinely eco-socio-sustainable water access. Water in South Africa has largely been re-cast as a commodity, exposed to market rules, proving problematic for many and giving rise to various responses, including litigation. In the seminal case of Mazibuko, the Constitutional Court failed to provide robust protection to the right to water, providing impetus for the formation of “commons” strategies for water allocation. Indeed, “commoning” is beginning to represent not only an emerging conceptual strand in urban resource allocation, but also a dynamic, contemporary, eco-sensitive, socio-cultural phenomenon, driving innovative, interactive and inclusive forms of planning and social engagement. Against the backdrop of unequal water access, commoning offers glimpses of an empowering and enfranchising subaltern paradigm.

Police Powers and Public Meetings

1937 ◽  
Vol 6 (2) ◽  
pp. 175-181
Author(s):  
E. C. S. Wade
Keyword(s):  
Search And Seizure ◽  
Public Order ◽  
The Public ◽  
Police Powers ◽  
The Past ◽  
Public Meetings ◽  
Police Action ◽  
The Right ◽  
First Time

Apart from the passage through Parliament at the end of last year of the Public Order Act, the Courts have in the past few years interpreted police powers on several occasions in the direction of restricting liberty. No excuse is therefore required for examining once again in this Journal a topic, one aspect of which was discussed in the last number. The case of Elias v. Pasmore [1934] 2 K. B. 164 raised important questions as to the right of the police to search premises in the course of making an arrest on a warrant. That case recognized for the first time the validity on such an occasion of a search, which resulted in the discovery of documents (not being documents in the possession of the person named in the warrant) containing evidence of an offence committed by any person, even though the search and seizure were illegal as regards other documents discovered on that occasion. This protection for police action only extends to the actual documents which are evidence of the commission of a crime; but it matters not that the crime is one alleged to have been committed by some one other than the person in the course of arresting whom the search is being made.

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