Simonova, S.V. Legal fiction as a technique in the legislation of the Russian Federation on the freedom of association and the practice of its implementation

Abstract: Through the prism of legal fiction the author studies the legislation of the Russian Federation on freedom of association, which was amended in June of 2012, as well as the practice of its application by the courts of general jurisdiction. The author substantiates existence of legal fiction of including the events, which are not public by their nature, into the category of public events (e.g. recognition as a public action the mass simultaneous presence (movement) of persons, religious events, flash-mobs, and other forms of activity); legal fiction of recognition of a combination of a one-man pickets as a united action; legal fiction of priority of specially designated areas for public events over other areas (which is present in the practice of responsibility for organizing actions outside the designated areas and refusal for approval for the events in regular areas). As a conclusion, the author refers to negative influence of legal fiction techniques on the contents of the right of citizens for association, and more specifically, for the unconstrained implementation of the legal competence in the sphere of choice of form and place for the actions.

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