LAW OF THE REPUBLIC OF MOLDOVA

of February 22, 2008 No. 26-XVI

About meetings

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Law purpose

The purpose of this law is guaranteeing to any person of freedom of assembly according to the procedure, provided by the Constitution of the Republic of Moldova and international treaties, one of the parties of which is the Republic of Moldova.

Article 2. Subject of the law

(1) This law regulates procedure for the organization and holding meetings out of buildings.

(2) Provisions of this law do not extend to the organization and carrying out:

a) meetings of religious nature in the form of making of church services or other traditional actions;

b) sporting, cultural and art and other entertaining events;

c) shares of commercial nature.

Article 3. Basic concepts

For the purpose of this law the following basic concepts are used:

meeting - temporary and intended stay in one place of group of persons, the certain ideas or views which gathered for the purpose of expression;

meeting with limited number of participants - meeting in which no more than 50 people participate;

spontaneous meeting - meeting which is initiated and held as the direct and immediate answer to the events happening in society and which, from the point of view of his participants, cannot be postponed in this connection the regular notification procedure about its carrying out is not possible;

simultaneous meetings - meetings which are held in the same place and at the same time can have or not have the identical reasons or the purposes and which organizers can have similar, different or opposite views.

Article 4. Basic principles

This law is applied with respect for the following basic principles:

a) harmonies according to which any restriction of freedom of assembly shall be considered by the public authorities with respect for balance between need of such restriction for democratic society and realization of the right to holding meeting;

b) nediskriminatsionnost according to which the right to holding meeting is guaranteed to all persons irrespective of race, nationality, ethnic origin, language, religion, floor, views, political affiliation, property status, social origin or any other criterion;

c) legality according to which reasons for prohibition of meeting or any restriction of freedom of assembly only law provisions can serve; at the same time the public authorities cannot submit question of feasibility of meeting for discussion;

d) presumptions for benefit of holding meeting according to which any doubt by consideration of the prior notice of its carrying out is interpreted by the public authorities for benefit of realization of the right to holding meeting.

Article 5. Venue of meetings

(1) Meetings can be held in any place, open for public, out of buildings or other places where there is no open entry.

(2) Meetings can be held in one place or in the form of movement of participants.

(3) Due to the holding official actions or repair work the body of local public authority, according to the statement of the interested bodies, can declare closed for public certain places which usually are open for all persons without restriction.

Article 6. Organizers of meetings

(1) the physical persons having full legal capacity, groups of persons and also legal entities can be Organizers of meetings.

(2) the Minors which reached 14 years and also persons concerning whom the judicial measure of protection is established can organize meeting only together with person concerning whom the judicial measure of protection is not established.

Article 7. Members of meetings

(1) Any person can actively participate in meeting or be present at it.

(2) Nobody can oblige to participate or be present at meeting.

Article 8. The forbidden meetings

Meetings which purpose is are forbidden:

a) appeal to war of aggression, national, racial, ethnic or religious discord;

b) instigation to discrimination or public violence;

c) undermining national security or territorial integrity of the state, making of crimes, disorderly conduct or organization of conflicts, violation of public morals, rights and freedoms of other persons or creation of threat of their life or to health.

Article 9. Hardware of meetings

(1) during meetings any graphical or sound means of expression of certain ideas or views, the special equipment for strengthening of sound and other objects, specific to conducting meeting, can be used.

(2) For holding meetings temporary designs can be built. In this case the organizer takes measures to causing considerable inconveniences to participants, the passerby and not to do harm to the environment, and also provides dismantle of these designs at once after the end of meeting.

Chapter II. Notification on holding meeting

Article 10. Procedure of the notification

(1) Any person intending to hold meeting submits the prior notice of it in writing to body of local public authority of the corresponding administrative and territorial unit not later than five days before date of meeting.

(2) In the prior notice name or, in case of the legal entity, the name of the organizer, its contact information, the purpose of meeting, the place, date, time of its beginning and duration and, if necessary, the transits, form of holding meeting, approximate number of participants demanded from body of local public authority of service shall be specified.

(3) the Body of local public authority registers the prior notice and issues to the organizer its copy certified by seal in which shall be put down number, date and time of registration of the notification.

(4) the Public authorities take necessary actions for ensuring the services required by the organizer which are provided usually through bodies subordinated to them and the companies managed by them.

Article 11. Notification on holding simultaneous meetings

(1) If several applicants submitted prior notices of holding meetings in the same place and at the same time, the authorized body of body of local public authority holds meeting with participation of all applicants to find the acceptable solution on holding all simultaneous meetings.

(2) If participants of meeting come to conclusion that holding all simultaneous meetings in this place and with expected number of participants perhaps, to organizers recommendations for occupation of part of space in the venue of meetings are made, and also are instructed police agencies and the General inspectorate of carabineers on ensuring public order.

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