Expressing Opinion Without Breaking the Law
The Law of the Republic of Belarus "On Mass Events in the Republic of Belarus" clearly defines the procedure for holding such initiatives. These include assemblies, rallies, street processions, demonstrations, and picketing. Any non-compliance with the requirements established by law for their conduct entails liability.
According to Article 11 of the said Law, participants in mass events are obliged to observe public order and comply with all lawful demands of organizers, police officers, and public representatives performing duties to protect public order.
Organizers and participants of the event are prohibited from obstructing the movement of vehicles and pedestrians, creating obstacles to the uninterrupted operation of organizations, influencing police officers in any form to impede them from performing their official duties, as well as public representatives performing duties to protect public order.
Trouble may arise for using flags, pennants not registered in the established manner, as well as emblems, symbols, posters, and banners, the content of which is aimed at causing damage to public order, rights, and legitimate interests of citizens; for committing any actions that violate the established procedure for organizing and holding a mass event, as well as inciting such actions by any methods.
Violation of the procedure for organizing and holding mass events may entail both administrative and criminal liability.
In particular, the sanctions of Article 24.23 of the Code of Administrative Offenses of the Republic of Belarus, effective from 01.03.2021 (violation of the procedure for organizing or holding mass events), provide for a fine of up to 200 basic units or administrative arrest for citizens, and for legal entities that organized an event accompanied by remuneration for participation in it - a fine of up to 500 basic units.
In addition, for disobedience to a lawful order or demand of an official of a state body (organization) in the performance of his official duties by a person not subordinate to him in service (Article 24.3 of the Code of Administrative Offenses), a fine of 2 to 100 basic units or administrative arrest is provided.
If a violation of the procedure for organizing or holding mass events negligently resulted in the death of people, serious bodily injury to one or more persons, or large-scale damage, criminal liability already arises. The sanction of Article 369-3 of the Criminal Code (violation of the procedure for organizing or holding mass events) provides for arrest, restriction of liberty for up to three years, or imprisonment for the same term.
Criminal liability for organizing mass riots, participation in them, or preparation for them is provided for by Article 293 of the Criminal Code. The specified socially dangerous acts are punishable by imprisonment for up to 15 years.
The organization and preparation of actions that grossly violate public order, or active participation in them in the absence of signs of a crime provided for in Article 293 of the Criminal Code, entails liability under Article 342 of the Criminal Code (organization and preparation of actions that grossly violate public order, or active participation in them), the sanction of which provides for punishment in the form of imprisonment for up to 3 years.
In addition to criminal and administrative liability, the law establishes that anyone who has caused harm to citizens and organizations during mass events is obliged to compensate for it.
It is necessary to dwell separately on the need to observeof legislative requirements when using Internet resources.
Thus, threats and insults posted on the Internet against civil servants, members of election commissions in connection with the performance of their official duties, as well as against their families, fall under criminal liability.
In particular, according to Part 1 of Article 366 of the Criminal Code of the Republic of Belarus, a threat of violence, destruction or damage to property against an official performing official duties, or another person performing public duty to protect public order or suppress offenses, or their relatives, in order to obstruct lawful activities or compel a change in the nature of these activities, or out of revenge for performing official duties or public duty, shall be punishable by a fine, or correctional labor for up to two years, or arrest, or restriction of liberty for up to five years, or imprisonment for up to five years.
A criminally punishable act is also compelling a person to perform or not perform any action, committed under the threat of violence against him or his relatives, destruction or damage to their property, dissemination of slanderous or disclosure of other information that they wish to keep secret, or under the threat of infringing on the rights, freedoms and legitimate interests of these persons, in the absence of signs of a more serious crime. The sanction of Article 185 of the Criminal Code of the Republic of Belarus provides for a maximum penalty of up to 2 years of restriction of liberty.
For libel and insults posted on the "global web", Articles 188, 189 of the Criminal Code of the Republic of Belarus provide for punishment up to 3 years of restriction of liberty.
Recently, various Internet resources have persistently explained to citizens of the Republic of Belarus that they have the right to freely express their political views, and the authorities' requirement to comply with current legislation when organizing and conducting mass events is considered as suppressing the will of citizens and violating democratic norms.
At the same time, organizers and participants of mass events hide behind the Constitution of the Republic of Belarus, which guarantees every citizen freedom of opinion, belief and their free expression.
However, as often happens, Internet resources and citizens approach the choice of legislative norms selectively, rejecting other norms contained therein that create inconvenience for them, and providing incomplete texts of legislative norms.
Thus, Article 35 of the Constitution provides that the state guarantees freedom of assembly, rallies, street processions, demonstrations and picketing that do not violate public order and the rights of other citizens of the Republic of Belarus. The procedure for conducting these events is determined by law.
According to Article 2 of the said Law, picketing is also considered an event, the conduct of which must comply with the legislation on mass events.
This norm defines picketing as the public expression of socio-political, group, personal and other interests or protest (without a procession) not only by a group of citizens, but also by one citizen.
In this regard, the placement by a citizen of unregistered symbols in the form of a white-red-white flag for public viewing, including on windows, balconies, buildings, is a public expression of socio-political and other interests or protest.
Prosecutor of Beshenkovichi District
Junior Counselor of Justice A.A. Starchenko
According to Article 11 of the said Law, participants in mass events are obliged to observe public order and comply with all lawful demands of organizers, police officers, and public representatives performing duties to protect public order.
Organizers and participants of the event are prohibited from obstructing the movement of vehicles and pedestrians, creating obstacles to the uninterrupted operation of organizations, influencing police officers in any form to impede them from performing their official duties, as well as public representatives performing duties to protect public order.
Trouble may arise for using flags, pennants not registered in the established manner, as well as emblems, symbols, posters, and banners, the content of which is aimed at causing damage to public order, rights, and legitimate interests of citizens; for committing any actions that violate the established procedure for organizing and holding a mass event, as well as inciting such actions by any methods.
Violation of the procedure for organizing and holding mass events may entail both administrative and criminal liability.
In particular, the sanctions of Article 24.23 of the Code of Administrative Offenses of the Republic of Belarus, effective from 01.03.2021 (violation of the procedure for organizing or holding mass events), provide for a fine of up to 200 basic units or administrative arrest for citizens, and for legal entities that organized an event accompanied by remuneration for participation in it - a fine of up to 500 basic units.
In addition, for disobedience to a lawful order or demand of an official of a state body (organization) in the performance of his official duties by a person not subordinate to him in service (Article 24.3 of the Code of Administrative Offenses), a fine of 2 to 100 basic units or administrative arrest is provided.
If a violation of the procedure for organizing or holding mass events negligently resulted in the death of people, serious bodily injury to one or more persons, or large-scale damage, criminal liability already arises. The sanction of Article 369-3 of the Criminal Code (violation of the procedure for organizing or holding mass events) provides for arrest, restriction of liberty for up to three years, or imprisonment for the same term.
Criminal liability for organizing mass riots, participation in them, or preparation for them is provided for by Article 293 of the Criminal Code. The specified socially dangerous acts are punishable by imprisonment for up to 15 years.
The organization and preparation of actions that grossly violate public order, or active participation in them in the absence of signs of a crime provided for in Article 293 of the Criminal Code, entails liability under Article 342 of the Criminal Code (organization and preparation of actions that grossly violate public order, or active participation in them), the sanction of which provides for punishment in the form of imprisonment for up to 3 years.
In addition to criminal and administrative liability, the law establishes that anyone who has caused harm to citizens and organizations during mass events is obliged to compensate for it.
It is necessary to dwell separately on the need to observeof legislative requirements when using Internet resources.
Thus, threats and insults posted on the Internet against civil servants, members of election commissions in connection with the performance of their official duties, as well as against their families, fall under criminal liability.
In particular, according to Part 1 of Article 366 of the Criminal Code of the Republic of Belarus, a threat of violence, destruction or damage to property against an official performing official duties, or another person performing public duty to protect public order or suppress offenses, or their relatives, in order to obstruct lawful activities or compel a change in the nature of these activities, or out of revenge for performing official duties or public duty, shall be punishable by a fine, or correctional labor for up to two years, or arrest, or restriction of liberty for up to five years, or imprisonment for up to five years.
A criminally punishable act is also compelling a person to perform or not perform any action, committed under the threat of violence against him or his relatives, destruction or damage to their property, dissemination of slanderous or disclosure of other information that they wish to keep secret, or under the threat of infringing on the rights, freedoms and legitimate interests of these persons, in the absence of signs of a more serious crime. The sanction of Article 185 of the Criminal Code of the Republic of Belarus provides for a maximum penalty of up to 2 years of restriction of liberty.
For libel and insults posted on the "global web", Articles 188, 189 of the Criminal Code of the Republic of Belarus provide for punishment up to 3 years of restriction of liberty.
Recently, various Internet resources have persistently explained to citizens of the Republic of Belarus that they have the right to freely express their political views, and the authorities' requirement to comply with current legislation when organizing and conducting mass events is considered as suppressing the will of citizens and violating democratic norms.
At the same time, organizers and participants of mass events hide behind the Constitution of the Republic of Belarus, which guarantees every citizen freedom of opinion, belief and their free expression.
However, as often happens, Internet resources and citizens approach the choice of legislative norms selectively, rejecting other norms contained therein that create inconvenience for them, and providing incomplete texts of legislative norms.
Thus, Article 35 of the Constitution provides that the state guarantees freedom of assembly, rallies, street processions, demonstrations and picketing that do not violate public order and the rights of other citizens of the Republic of Belarus. The procedure for conducting these events is determined by law.
According to Article 2 of the said Law, picketing is also considered an event, the conduct of which must comply with the legislation on mass events.
This norm defines picketing as the public expression of socio-political, group, personal and other interests or protest (without a procession) not only by a group of citizens, but also by one citizen.
In this regard, the placement by a citizen of unregistered symbols in the form of a white-red-white flag for public viewing, including on windows, balconies, buildings, is a public expression of socio-political and other interests or protest.
Prosecutor of Beshenkovichi District
Junior Counselor of Justice A.A. Starchenko