Lawyers and the Human Rights Center "Memorial" appealed to the Prosecutor General's Office with complaints about the inconsistency of regional laws on the approval of public events with federal legislation.
OVD-InfoHuman rights activists have discovered a tightening of the rules for approving shares in Russia that goes beyond the scope of federal law. In these entities, lawyers have identified additional requirements for the content and form of notifications, although the regional legislator is only allowed to establish the “procedure for filing notifications.”
16 regions Currently, additional requirements for the content of the notice apply in. The notification must indicate the email address of the organizer and authorized persons; c - telephone numbers of authorized persons; in , and in the notification of actions at historical and cultural monuments - the power of sound amplification equipment.
five regions of Tatarstan , Volgograd Region, Chukotka Autonomous Okrug, Arkhangelsk Region, Kemerovo Region , lawyers recorded additional requirements for the notification form in. requires that the notice and its attachments be bound and numbered. In , and the rules of the event must be attached to the notification. In addition, in the Pskov region they additionally require copies of passports of organizers and authorized persons to be attached to the notification. In six regions (, ,,,,), the notification must be submitted in duplicate. In and regions, the organizer, when holding an action near authorities, must send a copy of the notification to the regional government.
11 subjects Law of Chechnya Pskov Lipetsk Novgorod region Amur region Volgograd region Republic of Altai Republic of Khakassia Tambov region Tula region Murmansk Ivanovo In 2008, the Supreme Court excluded additional requirements for the content of notifications and execution of applications from the law of Bashkortostan. After this, the regional law removed the requirement to attach to the notification copies of the passport of the organizer and persons authorized by him, written consent of authorized persons to perform administrative functions during the action, as well as the requirement to stitch and number attachments to the notification.
demanded In practice, such requirements at the regional level lead to local authorities refusing to coordinate events.
Thus, in December 2017, during the presidential election campaign, Ksenia Sobchak tried to coordinate a picket in Kazan. The Kazan Executive Committee rejected the notice, demanding that it be brought “into compliance” with the republican law on rallies, which requires indicating the organizer’s email address. According to federal law, in information about the organizer it is enough to indicate the name, address and telephone number.
“The republican law on rallies does require that the applicant’s email address be indicated, but this is done in order to obtain contact information for the initiators of the mass event. For this purpose, we have indicated the address and contacts. only that a person without email is not able to submit a notification at all. So this is discrimination,” said Elsa Nisanbekova, head of Sobchak’s Kazan headquarters.
The problem was noted - In April 2019, “Memorial” also went to the Prosecutor General’s Office due to the fact that local laws of six constituent entities of the Russian Federation illegally extended territorial prohibitions to mass and single pickets. Within a year, regional legislators made this mistake in all six regions. OVD-Info appealed corrected - In December 2019, after the decision of the Constitutional Court in connection with restrictions in Komi, human rights activists filed a complaint with the prosecutor's office in the regions where unconditional territorial bans on holding actions apply. statements - Lawyers identified violations while working on the report “Art”, which examines the problems of regional regulation of the procedure for filing notifications. prohibit-2