Translated material
Moskalkova gave recommendations on the protection of the rights of organizers and participants in public events
The Commissioner for Human Rights Tatyana Moskalkova published an annual report on her activities. One of the most acute problems in the report is the problem of coordination of rallies. In 2019, the courts examined 1321 cases of refusals to agree on public events, of which in 494 cases the decisions were made in favor of the applicants. The cause of unreasonable refusals in the report is the shortcomings of the federal law “On meetings, rallies, demonstrations, processions and pickets”, as well as the imperfection of regional legislation.
The report contains a number of recommendations to improve the situation with the coordination of public actions:
- Continuing work aimed at improving the legislation of the constituent entities of the Federation regulating the procedure for conducting public events (OVD-info previously wrote about regional prohibitions on rallies around the authorities; in addition, after complaints of the OVD-info and PC Memorial in a number of regions, banks for pickets were canceled ).
- To consolidate more flexible deadlines for submitting notifications of public events. An ECHR is noted that the purpose of the coordination procedure is to give the authorities the necessary measures to ensure the safe conduct of shares.
- To supplement the federal law with the norm that allows the organizer of the public event to submit a notification in electronic form, as well as create a portal with information about public events.
- To specify how the organizer must inform the authorities about the cancellation of the event (for non -information since 2018, administrative liability is provided under Article 20.2.3 of the Code of Administrative Offenses)
- Tighten the responsibility of officials for an illegal refusal to agree on a public event. According to the Commissioner, making appropriate changes to the legislation would contribute to a decrease in cases of non -compliance with the rights of the organizers of the shares.
- The use of force in the suppression of individual illegal public events, as well as the detention of their participants, must meet the principles of legality and proportionality.
In total, in 2019, the Commissioner for Human Rights received 27 individual and collective complaints of violation of the right to freedom of assembly. Most complaints are associated with the process of coordinating public events and disagreement with the actions of security forces in the suppression of public events.
