The Prosecutor's Office reminds: non-compliance with the requirements established by law for holding mass events entails responsibility

Participants of mass events are obliged to observe public order and comply with all lawful requirements of organizers, police officers, and public representatives performing duties to protect public order.

Organizers and participants of an event are prohibited from obstructing the movement of vehicles and pedestrians, creating obstacles to the uninterrupted operation of organizations, influencing police officers in any way to prevent them from performing their official duties, as well as influencing public representatives performing duties to protect public order.

Trouble may arise from the use of flags, pennants not registered in the prescribed manner, as well as emblems, symbols, posters, and banners whose content 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 incitement to such actions by any means.

Violation of the procedure for organizing and holding mass events may entail both administrative and criminal liability.

In particular, the sanctions of Art. 24.23 of the Code of Administrative Offenses of the Republic of Belarus, which entered into force on 01.03.2021 (violation of the procedure for organizing or holding mass events), provide for a fine of up to 200 base units or administrative arrest for citizens, and for legal entities that organized an event accompanied by payment of remuneration for participation in it – a fine of up to 500 base units.

In addition, for disobedience to a lawful order or demand of an official of a state body (organization) while performing his official duties by a person not subordinate to him in service (Art. 24.3 of the Code of Administrative Offenses), a fine of 2 to 100 base units or administrative arrest is provided.

If the violation of the procedure for organizing or holding mass events has negligently caused the death of people, grievous bodily harm to one or more persons, or damage on a large scale, criminal liability arises. The sanction of Art. 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, participating in them, or preparing for them is provided for by Art. 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 by Art. 293 of the Criminal Code, entails liability under Art. 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.

A separate point should be made about the need to comply with the requirements of the legislation when using Internet resources.

Thus, threats and insults posted on the Internet directed at public officials, members of election commissions in connection with the performance of their official duties, as well as at 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 a public duty to protect public order or suppress offenses, or their close relatives, with the aim of obstructing lawful activities or forcing a change in the nature of such activities, or out of revenge for performing official duties or public duty, is 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.

Compelling a person to perform or not perform any action, committed under threat of violence against them or their close relatives, destruction or damage to their property, dissemination of slanderous or disclosure of other information that they wish to keep secret, or under threat of infringing upon the rights, freedoms and legitimate interests of these persons, in the absence of signs of a more serious crime, is also a criminal offense. 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 slander and insults posted on the "World Wide Web", Articles 188 and 189 of the Criminal Code of the Republic of Belarus provide for punishment up to 3 years of restriction of liberty.

Lately, various internet resources have been persistently explaining to citizens of the Republic of Belarus their right to freely express their political views, while the authorities' demand to comply with the current norms of legislation when organizing and holding mass events is viewed as suppression of citizens' will and violation of 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 opinions, beliefs and their free expression.

However, as is often the case, when choosing norms of a legislative act, Internet resources and citizens approach selectively, rejecting other norms contained therein that create inconvenience for them, and citing 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 law and order and the rights of other citizens of the Republic of Belarus. The procedure for holding these events is determined by law.

Picketing, as a 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 a single citizen, is also among the events that must comply with the legislation on mass events.

Attention is drawn to the fact that the display of unregistered symbols in the form of a white-red-white flag by a citizen for public viewing, including on windows, balconies, and buildings, is a public expression of socio-political and other interests or protest.

In this regard, when choosing a way to express their civic position, citizens must, first and foremost, comply with the law, be prudent, and not yield to various provocations.

Prosecutor of Vitebsk Region
State Counselor of Justice 3rd Class
V.V. Sushchinsky.