of June 26, 2018 No. 28
About some questions arising at courts by consideration of administrative cases and cases on the administrative offenses connected using the legislation on public actions
For the purpose of ensuring unity of practice of application by courts of the legislation on public actions in case of permission of administrative cases and cases on administrative offenses the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations:
1. According to article 31 of the Constitution of the Russian Federation citizens of the Russian Federation have the right to be going peacefully, to hold without weapon meetings, meetings and demonstrations, processions and picketing.
The granted constitutional right is provided with the state protection and gives to citizens opportunity to freely express and create opinions, to make demands for different questions of political, economic, social and cultural life of the country and questions of foreign policy, exerting thereby impact on activities of bodies of the public power, including by means of criticism of the actions made by them and the made decisions, or to obtain information on activities of the deputy of legislative (representative) public authority, the deputy of representative body of the municipality in case of meeting of the corresponding deputy with voters. At the same time this right can be limited to the Federal Law for the purpose of protection of bases of the constitutional system, morality, health, the rights and legitimate interests of other persons, ensuring defense of the country and safety of the state on the basis of the principles of legal equality and proportionality (proportionality) of admissible restrictions of the specified right (part 3 Articles 17, parts 1 and 2 of Article 19, part of 1 Article 45, part 3 of article 55 of the Constitution of the Russian Federation).
To be going peacefully, to hold procedure for ensuring realization of constitutional right of citizens without weapon meetings, meetings and demonstrations, procession and picketing No. 54-FZ "About meetings, meetings, demonstrations, processions and piketirovaniye" (further - the Law on public actions) is regulated by the Federal Law of June 19, 2004 according to which the legislation of the Russian Federation on public actions based on provisions of the Constitution of the Russian Federation, the conventional principles and rules of international law, international treaties of the Russian Federation in addition to the called law includes other legal acts of the Russian Federation relating to providing the right to holding meetings, meetings, demonstrations, processions and piketirovaniye, and in the cases provided by the Law on public actions - regulatory legal acts of the President of the Russian Federation (part 4 Articles 8), Governments of the Russian Federation (part of 1 Article 11), public authorities of subjects of the Russian Federation (part 2 Articles 7, parts 1.1, 2. 2, 3 and 3.1 Articles 8 and part of 1 Article 11); holding public actions for the purpose of election propaganda, propaganda concerning referendum in addition to the Law on public actions is regulated also by the legislation of the Russian Federation on elections and referenda (parts 1 and 2 of Article 1).
The law on public actions provides the notifying procedure for holding public actions allowing authorities to take reasonable and necessary measures for realization of constitutional right of citizens on holding public action in the conditions providing respect for interests of the state and public security, public order, health protection and morality of the population and protection of the rights and freedoms of other persons.
For the purpose of implementation of the right to holding public action in the specified conditions the Law on public actions establishes possibility of carrying out conciliation procedures between organizers of public actions and executive bodies of the subjects of the Russian Federation or local government bodies (further - bodies of the public power) directed to determination of the place, time, form and other conditions of holding the public actions answering to achievement of the legal purpose of the planned public action and respect for interests of other persons, ensuring public order and safety.
Decisions, the actions (failure to act) of body of the public power connected with the organization of the public action including planned to carrying out within the election campaign as well as other decisions, actions (failure to act) of public authorities, local government bodies, other bodies of the organizations given separate state or other public authority, officials, the government or local government officers violating the right of citizens to holding public actions or the creating obstacles to implementation of this right can be disputed in court of law by rules of Chapter 22 of the Code of administrative legal proceedings of the Russian Federation (further - KAS Russian Federation).
2. Dispute the decision, action (failure to act) of body of the public power connected with conciliation procedures or refusal in holding public action, the having the right his organizer, person authorized by the organizer to perform administrative functions on the organization and holding public action (further - person authorized by the organizer), and also the prosecutor (part of 1 Article 39, of part 1, 2 and 4 articles 218 KAS Russian Federation).
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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