Advanced Search

Amending The Code Of Administrative Offences Of The Russian Federation And The Federal Law "on Assemblies, Meetings, Demonstrations, Processions And Picketing"

Original Language Title: О внесении изменений в Кодекс Российской Федерации об административных правонарушениях и Федеральный закон "О собраниях, митингах, демонстрациях, шествиях и пикетированиях"

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
RUSSIAN FEDERATION FEDERAL LAW On Amendments to the Code of the Russian Federation on Administrative Offences and Federal Act on Meetings, Meetings, Demonstrations, marches and pickets " adopted by the State Duma on 5 June 2012 Approved by the Federation Council on 6 June 2012 Article 1 Commit to Russian Federation Code of Administrative Offences (Russian Federation Law Assembly, 2002, N 1, Art. 1; N 30, sect. 3029; N 44, st. 4295; 2003, N 27, sect. 2700, 2708, 2717; N 46, st. 4434; N 50, st. 4847, 4855; 2004, N 31, st. 3229; N 34, st. 3529, 3533; N 44, sect. 4,266; 2005, N 1, est. 9, 13, 40, 45; N 10, st. 763; N 13, est. 1075, 1077; N 19, st. 1752; N 27, sect. 2719, 2721; N 30, est. 3104, 3131; N 40, sect. 3986; N 50, sect. 5247; N 52, sect. 5574; 2006, N 1, st. 4, 10; N 2, est. 172; N 6, est. 636; N 10, sect. 1067; N 12, est. 1234; N 17, est. 1776; N 18, st. 1907; No. 19, sect. 2066; N 23, st. 2380, 2385; N 31, st. 3420, 3438, 3452; N 45, sect. 4641; N 50, sect. 5279, 5281; N 52, sect. 5498; 2007, N 1, st. 21, 25, 29; N 7, st. 840; N 15, stop. 1743; N 16, sect. 1825; N 21, sect. 2456; N 26, st. 3089; N 30, est. 3755; N 31, st. 4007, 4008; N 41, est. 4845; N 43, sect. 5084; N 46, st. 5553; 2008, N 10, est. 896; N 18, sect. 1941; N 20 2251, 2259; N 30, est. 3604; N 49, sect. 5745, 5748; N 52, est. 6227, 6235, 6236; 2009, N 1, st. 17; N 7, est. 777; N 23, st. 2759, 2776; N 26, est. 3120, 3122; N 29, 100. 3597, 3642; N 30, stop. 3735, 3739; N 45, sect. 5265, 5267; N 48, sect. 5711, 5724; N 52, est. 6412; 2010, N 1, st. 1; N 18, sect. 2145; N 19, st. 2291; N 21, est. 2525; N 23, st. 2790; N 27, sect. 3416, 3429; N 30, est. 4002, 4006, 4007; N 31, sect. 4158, 4164, 4192, 4193, 4195, 4206, 4207, 4208; N 41, est. 5192; N 49, sect. 6409; 2011, N 1, st. 10, 23, 29, 33, 54; N 7, 100. 901; N 15, stop. 2039; N 17, est. 2310; N 19, 100. 2714, 2715; N 23, est. 3260; N 27, est. 3873; N 29, st. 4289, 4290, 4298; N 30, st. 4573, 4574, 4585, 4590, 4598, 4600, 4601, 4605; N 45, st. 6325; N 46, sect. 6406; N 47, sect. 6602; N 48, sect. 6728; N 49, sect. 7025, 7061; N 50, stop. 7345, 7345, 7346, 7351, 7352, 7355, 7362, 7366; 2012, N 6, st. 621; N 10, est. 1166; N 19, est. 2278, 2281) the following changes: 1) in Article 3.2: (a) Part 1, add the following content: "10) mandatory works."; b) in Part 3, replace the words "in paragraphs 3-9" with the words " in points 3-10 "; 2) in article 3.3, paragraph 1, replace" disqualification and administrative suspension "with" disqualification, administrative suspension and compulsory work "; 3) in the first paragraph Article 3.5, paragraph 1, of the words " for nationals not exceeding five thousand "For officials-fifty thousand rubles" shall be replaced by the words "for citizens in the amount not exceeding five thousand rubles, and in the cases stipulated by Articles 5.38, 20.2, 20.2-2, 20.18, Part 4 of Article 20.25 of this Code,"-three hundred thousand. For officials-fifty thousand roubles, and in the cases stipulated by Articles 5.38, Articles 20.2, 20.2, 20.18 of this Code,-six hundred thousand roubles; 4. content: " Article 3.13. Required work 1. Compulsory works are performed by a natural person who has committed an administrative offence, free from basic work, service or study, free of charge of community service. Compulsory works are appointed by the judge. 2. Compulsory works shall be set for a period of 20 to two hundred hours and shall be served for a maximum of four hours per day. 3. Mandatory work does not apply to pregnant women, women with children under the age of three, persons with disabilities I and II, military personnel, military personnel, as well as special ranks of internal staff authorities and institutions of the penal correction system, the State Fire Service, the authorities for the control of the traffic in narcotic drugs and psychotropic substances and the customs authorities. "; of industrial security "to supplement the words", meetings, meetings, in the following wording: Article 5.38, paragraph 2, paragraph 2, paragraph 2, of the article 5.38, paragraph 2, paragraph 2, of article 5.38, paragraph 2, paragraph 2, of the Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the -From 30,000 to fifty thousand roubles. "; 7) Article 20.2, amend to read: Article 20.2. A violation of the established order of the organization or a meeting, meeting, demonstration, procession or picket 1. Violation by the organizer of a public event of the established procedure of organizing or holding a meeting, meeting, demonstration, procession or picket, except as provided for in parts 2 to 4 of this article,- The imposition of an administrative fine on citizens in the amount of ten thousand to twenty thousand rubles or compulsory work for a period of up to 40 hours; for officials-from fifteen thousand to thirty thousand rubles; legal persons-from fifty thousand roubles A hundred thousand roubles. 2. The organization or holding of a public event without notice of the holding of a public event, except as provided for in Part 7 of this Article,- entails the imposition of an administrative 50,000 rubles ($11,500) a fine. 3. The acts (omissions) referred to in parts 1 and 2 of this article causing the obstruction of pedestrians or vehicles or the exceeding of the occupancy limits of the territory (s),- 50,000 rubles ($11,500) a fine. Five hundred thousand roubles. 4. Acts (omissions) referred to in parts 1 and 2 of this article which cause harm to human health or property, if these acts (omissions) do not constitute a criminal offence,- The administrative fine of citizens in the amount of 100,000 to three hundred thousand roubles or compulsory works for a period of up to two hundred hours; for officials-from 200 thousand to 600 thousand rubles; for legal entities-from 400 thousand to one 1 million rubles. 5. The violation by a participant of a public event of the prescribed manner of holding a meeting, meeting, demonstration, procession or picket, except as provided for in part 6 of this article- entails an overlay In the amount of ten thousand to twenty thousand rubles, or compulsory work for a period of up to 40 hours. 6. The acts (omissions) referred to in Part 5 of this article which result in damage to human health or property if these acts (omissions) do not constitute a criminal offence,- A fine in the amount of 100 thousand rubles to 300 thousand rubles or compulsory works for the period up to two hundred hours. 7. Organization or conduct of unauthorized gatherings, meetings, demonstrations, marches or pickets in close proximity to a nuclear facility, a radiation source or a storage site for nuclear materials and radioactive substances or active participation in such public events, if this complicates the performance of the employees of the said installation, the source or the point of his or her official duties, or endangers the safety of the population and the environment,- The imposition of an administrative fine of between 100 and 50 000 Three hundred thousand roubles or administrative arrest for up to 15 days; on officials-from 200 thousand to 600 thousand rubles; for legal entities-from five thousand to one million roubles. , to read: " Article 20.2-2. Organization of mass simultaneous of the presence and/or movement of citizens in public places entailing a violation of the public order 1. Organization of a non-public event of mass simultaneous stay and (or) movement of citizens in public places, public calls for mass simultaneous stay and/or movement of citizens in public places, or Participation in the mass simultaneous stay and/or movement of citizens in public places, if the mass simultaneous stay and (or) movement of citizens in public places causes a violation of public order or sanitary norms and violation of the functioning and the security of life support facilities, or or causing damage to the vegetation or interfering with the movement of pedestrians or vehicles or access of citizens to housing or to the facilities of the transport or social infrastructure, except as provided for in Part 2 of this article- shall entail the imposition of an administrative fine on citizens in the amount of between ten thousand and twenty thousand roubles or compulsory work for up to 50 hours; officials-from fifty thousand to one hundred thousand. 50,000 rubles ($-$) a year. 2. The acts referred to in part 1 of this article which result in injury to a person or property, if these actions do not constitute a criminal offence,- shall be punishable by administrative fine in the amount of 50,000 rubles ($11,500) a day, 1 million rubles ($11,500) in Note. The organizer of the non-public event of mass simultaneous stay and (or) movement of citizens in public places for the purposes of this article is the person who actually performed the organizational and administrative functions for organization or holding of a non-public event of mass simultaneous stay and (or) movement of citizens in public places. "; 9) in article 20.18: (a) the first paragraph after the word" communications " to supplement , except as provided for in article 20.2, part 3, and Article 20.2-2 of this Code, "; b) the second paragraph shall be amended to read: " shall entail the imposition of an administrative fine on citizens in the amount of between 50,000 and 100,000 roubles or compulsory work for a period of up to one hundred and one hundred thousand roubles. For the officials-from 100 thousand to 300 thousand rubles; for legal persons-from two hundred and fifty thousand to five thousand roubles. "; 10), article 20.25, should be supplemented with Part 4, reading: " 4. An administrative penalty of up to three hundred thousand roubles or an administrative arrest for up to 15 days is imposed on the administrative penalty of up to fifteen days. "; 11) in Article 23.1. (a) in Part 1, the digits "20.2, 20.3," replace "20.2, 20.2-2, 20.3,"; b) in Part 3: to add a new paragraph to the third reading: " Cases of administrative offences, under articles 5.38, 19.3, 20.1 to 20.3, 20.18, 20.29 of this Code, shall be considered by the judges of the district courts. "; paragraphs 3 to 5 are considered to be the fourth to sixth paragraphs; 12) in the second part of article 25.1, paragraph 2, of the words" administrative arrest or administrative expulsion for a period of time ". of the Russian Federation of a foreign national or stateless person, "to be replaced by the words" administrative arrest ", administrative expulsion from the Russian Federation of a foreign national or a stateless person or mandatory the work, "; 13) in paragraph 14 of Part 1 of Article 27.2 of the word" 17.15 and 17.16 this Code "shall be replaced by the words" 17.15, 17.16, parts 1 and 4 of article 20.25 of this Code "; 14) in article 27.3 (10), paragraph 10, of the words" 17.15 and 17.16 of this Code ". of this Code "; 15) in article 28.3: (a) in paragraph 1 of Part 2 of the figure" 20.2, 20.3, "to read" 20.2, 20.2-2, 20.3, "; b) of Part 2, paragraph 77, after" 19.7 ", with the words", paragraph 4 of article 20.25 "; 16) Part 2 of Article 31.6 after the words "administrative detention order" to supplement In the words ", compulsory works"; 17), Chapter 32 is supplemented by Article 32.13 as follows: " Article 32.13. Execution of the Assignment Order mandatory work 1. The order of the judge on the appointment of compulsory works shall be performed by the bailiff court in accordance with the procedure established by federal law. 2. The types of compulsory work and the list of organizations in which persons who have been assigned an administrative penalty in the form of compulsory labour are serving their compulsory work, shall be determined by the local self-government bodies in agreement with the territorial authorities. The organs of the federal executive authority authorized to carry out enforcement functions and to ensure the established procedure for the operation of the courts. The types of compulsory works that require special skills or knowledge cannot be defined in relation to persons who do not possess such skills or knowledge. 3. A person who has been assigned an administrative penalty in the form of compulsory labour shall be required to serve compulsory work no later than ten days from the date of the initiation by the court bailiff of the executive proceedings. 4. The bailievers shall keep records of persons who have been assigned an administrative penalty in the form of compulsory work, explain to such persons the procedure and conditions of serving their compulsory works and coordinate with the local authorities of the list organizations in which persons who have been assigned an administrative penalty in the form of compulsory labour serve compulsory work, control the conduct of such persons, keep a record of the time worked by them. 5. Persons who are subject to administrative penalties in the form of compulsory labour are bound by the rules of the internal order of the organizations in which such persons are serving their compulsory work and to work in good faith in the objects identified for them The duration of the compulsory work of the court, to inform the bailiff of the change of place of residence and to be called upon. 6. The granting of annual paid leave to a person who has been assigned an administrative penalty in the form of compulsory work does not suspend the execution of administrative penalty in the form of compulsory work. 7. A person who has been assigned an administrative penalty in the form of compulsory labour has the right to apply to the court for release from further service of compulsory work if he or she is recognized as disabled by the group I or II or a serious illness that prevents the compulsory work from being served. The judge shall issue an order for the termination of the execution of the administrative penalty in the form of compulsory labour. 8. Mandatory work is performed by a person who has been assigned an administrative penalty in the form of compulsory work, free of charge. 9. The period of compulsory work is calculated in the hours during which compulsory work has been performed by a person who has been assigned an administrative penalty in the form of compulsory labour. 10. The duration of compulsory work may not exceed four hours on weekends and on days when a person who has been assigned an administrative penalty in the form of compulsory labour is not employed in the substantive work, service or studies; working days-two hours after -The end of work, service or study, and with the consent of the person who has been assigned an administrative penalty in the form of compulsory work, four hours. The mandatory work time for a week usually cannot be less than twelve hours. If there are reasonable grounds, the bailiff has the right to allow a person who has been assigned an administrative penalty in the form of compulsory work to work out less than a number of hours during the week. 11. The administration of the organization, in which the person who has been assigned an administrative penalty in the form of compulsory labour, is to serve compulsory work, shall be responsible for supervising the performance of the work by that person and the notification of the court. Implementing the number of hours worked or the evasion of a person who has been assigned an administrative penalty in the form of compulsory labour, from the serving of compulsory labour. 12. In case of evasion of a person who has been sentenced to an administrative penalty in the form of compulsory work, from serving compulsory work consisting of repeated refusals to work, and (or) the repeated failure of such a person to perform compulsory work without valid reasons, and (or) repeated violations of the labour discipline, confirmed by documents of the organization in which the person who has been sentenced to administrative penalty in the form of compulsory labour shall serve compulsory work, The bailiff protocol is an administrative offence, Article 20.25, paragraph 4, of this Code. ". Article 2 Article 2 "On meetings, rallies, demonstrations, marches and pickets" (Legislative Assembly of the Russian Federation, 2004, N 25, art. 2485; 2010, N 50, sect. 6602; 2011, N 50, sect. 7366) the following changes: 1) in article 5: a) the constitutional order and security of the State, or crimes against public security and public order, or two or more times, administrative liability for administrative offences envisaged in the Constitution articles 5.38, 19.3, 20.1 to 20.3, 20.18, 20.29 of the Russian Federation Code Administrative offences, within the period when a person is deemed to be subject to administrative punishment; "; b) Part 3, add the following paragraph 6: " 6) to require the authorized representative of the organ to delete from the place of holding a public event of persons who do not comply with the legal requirements of the organizer of the public event. "; in Part 4: paragraph 4 should read: " 4) require from of public order and public order The rules of the public event, the cessation of the violation of the law; "; to supplement paragraph 7-1 as follows: " 7-1) take measures to prevent the above mentioned in the notification for the conduct of the public Activities of the number of participants in a public event if the excess of such participants endangers the public order and (or) public safety, the safety of the participants in the public event or other persons or the threat Causing damage to property; "; to supplement paragraph 11 to read: " 11) require participants in a public event not to conceal their identity, including the use of masks, means of concealment, other objects specially designed to impede identification. Persons who do not comply with the legal requirements of the organizer of the public event may be removed from the place of the public event. "; g) to be supplemented with Part 6 reading: " 6. The organizer of the public event in the event of default of the duties provided for in part 4 of this article shall be liable under civil law for the damage caused by the participants in the public event. Reparation for injury shall be in civil proceedings. "; 2), article 6, to be supplemented with Part 4, as follows: " 4. Participants in public events are not entitled: 1) to hide their face, including the use of masks, means of concealment, other objects specially designed to impede identification; 2) carry weapons or items used as weapons, explosives and flammable substances, have and (or) dissipate alcohol and alcohol-containing products, beer and drinks made on its basis; 3) stay in place Public event in the state of intoxication. "; 3) Article 7, to be supplemented by Part 1-1, to read: " 1-1. A picket notification is not required. The minimum legal distance between the persons carrying out the picketing is determined by the law of the constituent entity of the Russian Federation. The specified minimum distance shall not be more than fifty metres. A combination of acts of picketing carried out by a single entity united by a unified design and a common organization may be recognized by a court decision on a particular civil, administrative or criminal case by a single public event. "; 4) in Article 8: a) to be supplemented with Part 1-1, as follows: " 1-1. The executive authorities of the constituent entity of the Russian Federation define single, specially set or adapted for collective discussion of public and social issues and expressions of public sentiment, as well as for mass presence Citizens for public expression of public opinion on topical issues of the public and political nature of the place (hereinafter referred to as specially allocated places). The procedure for the use of specially designated places, the norms of their occupancy limits and the number of persons participating in public events not required to be notified shall be established by the law of the constituent entity of the Russian Federation, at the same time, the specified limit cannot be less than 100 persons. "; b) to be supplemented by Part 1-2, as follows: " 1-2. In the determination of the specially allocated seats and the procedure for their use, it is necessary to ensure that the objectives of public events, the accessibility of specially designated places are accessible, the possibility for the organizers to use them, and Participants in public events of infrastructure, observance of sanitary norms and rules, safety of organizers and participants of public events, other persons. In the event that the organizers of several public events are notified of the holding of public events in designated places at the same time, the use of specially allocated seats shall be determined on the basis of time To receive an appropriate notification by the executive branch of the constituent entity of the Russian Federation or a local government body. "; in) to be supplemented by Part 2-1 as follows: " 2-1. After the executive authority of the constituent entity of the Russian Federation is determined in accordance with part 1 to 1 of this article, public events shall normally be held at the designated places. The holding of a public event outside specially designated areas is permitted only after approval by the executive branch of the constituent entity of the Russian Federation or a local government. The executive authority of a constituent entity of the Russian Federation or a local government shall refuse to agree on holding a public event only if there are grounds provided for in article 12, paragraph 3, of this Federal Act. "; { \field { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \field } { \cs6\f1\cf6\lang1024 } In order to protect the rights and freedoms of the individual and the citizen, law and order and public safety, the law of the constituent entity of the Russian Federation additionally determines the places where meetings, rallies, marches are prohibited. Demonstrations, including if public events at designated locations may cause disruption to life, transport or social infrastructure, communications, interference with pedestrians and (or) or citizens ' access to housing or facilities of transport or social infrastructure. "; 5), in article 9, replace the words" at least 23 hours "with the words" at a later time than 22 hours, with the exception of public events commemorating Russia's observances and public cultural events "; (6) In article 10, paragraph 1, the words "to submit a notice of" shall be replaced by the words "in agreement with the executive branch of the constituent entity of the Russian Federation or a local self-government body of the place and/or the time of holding"; 7) in article 12: (a) paragraph 3 of Part 1 Internal affairs for the organization of interaction on the proper provision of public safety to public events and other persons "; b) to be supplemented by Part 3 reading: " 3. The executive authority of the constituent entity of the Russian Federation or a local government shall refuse to agree on the holding of a public event only in cases where a notice of its conduct has been filed by a person who is present in accordance with the present report. The Federal Act does not have the right to organize a public event, or if a place where the public event is given as a place of public event indicates a place in which, in accordance with this Federal Law or the law of the subject of the Russian Federation, The Federation is prohibited from holding a public event. "; 8) Article 16 should be supplemented by paragraph 3, reading: "3) by the organizer of the public event of the duties provided for in article 5, paragraph 4, of this Federal Law.". Article 3 1. This Federal Act shall enter into force on the date of its official publication, with the exception of article 1, paragraph 11 (b), of this Federal Act. 2. Subparagraph (b) (b) of article 1, paragraph 11, of this Federal Act shall enter into force on 1 January 2013. 3. Provisions of the Administrative Offences Code of the Russian Federation (in the wording of this Federal Law) for administrative offences The penalties in the form of compulsory labour have been applied as from 1 January 2013. 4. Laws of the constituent entities of the Russian Federation referred to in article 7, paragraphs 1 to 1, 1 to 2, and 2 to 2 of article 8 of the Federal Act of 19 June 2004 No. 54-FZ " O Meetings, rallies, demonstrations, marches and pickets "(as amended by this Federal Law) and the decisions of the executive authorities of the constituent entities of the Russian Federation referred to in article 8 (1) (1) of Federal Law N 54-FZ "On meetings, rallies, demonstrations, marches and pickets" (as amended by this Federal Law), should be adopted and entered into force no later than 31 December 2012. President of the Russian Federation Vladimir Putin Moscow, Kremlin 8 June 2012 N 65-FZ