RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

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:

The questions arising by consideration of the administrative cases connected using the legislation on public actions

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).

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