On the organization and holding of meetings,
rallies, demonstrations and other public events
This law is aimed at the realization of the constitutional rights of Turkmen citizens to assemble peacefully, to hold meetings, rallies, demonstrations and other public events, public security during these events.
CHAPTER I. GENERAL PROVISIONS
Article 1. Basic concepts used
in this Act
For the purposes of this Law the following basic concepts:
1) a mass event - an open, peaceful, accessible to everyone, held in the form of assembly, meeting, demonstration, street procession or picket, or various combinations of these forms of exercise , carried out at the initiative of Turkmen citizens, political parties and other public associations and religious organizations, including the use of vehicles. The aim of the event is a mass expression and formation of opinions, as well as making demands on various issues of political, economic, and cultural life of the country and other foreign policy issues;
2) meeting - joint presence of citizens in a designated and equipped for this place for collective discussion of any matters of public interest;
3) rally - the massive presence of people in a certain place for the open expression of public opinion on topical issues of socio-political nature;
4) demonstration - organized by the open expression of public opinion, using a group of citizens during the movement of posters and other graphic materials;
5) street procession - the mass passage of citizens on a particular route in advance in order to draw attention to any matters;
6) picketing - a form of public expression, movement and carried out without the use of sound-amplifying equipment by placing at picketed the place of one or more people, using posters and other means of visual agitation;
7) notice of the mass event - the document by which the local authorities in the manner prescribed by this Act, according to information on the conduct of mass actions to ensure the security and the rule of law in its conduct;
8) the rules of mass events - a document that contains time release schedule (hourly plan) major parts of the mass event, indicating the persons responsible for carrying out each part, and if the public event will be held with the use of vehicles, - information on the use of vehicles;
9) the territory, directly adjacent to the buildings and other facilities, - land whose boundaries are defined by decisions of the local authorities in accordance with normative legal acts of Turkmenistan regulating relations in the field of land management, land use and urban planning.
Article 2. Legislation of Turkmenistan on the organization
and mass events
1. Turkmenistan's legislation on the organization and conduct of events based on the Constitution of Turkmenistan, the universally recognized norms of international law, international treaties of Turkmenistan and consists of this Law and other normative legal acts of Turkmenistan regulating the relations connected with the organization and holding of mass events.
In the cases stipulated in this Law, the executive authorities are taking legal acts aimed at ensuring conditions for holding mass events.
2. Holding public events in order to pre-election campaign and campaigning on the referendum is regulated by this law and the legislation of Turkmenistan on elections and referendums. Carrying out religious rites and ceremonies regulated by the Law of Turkmenistan "On Freedom of Conscience and Religious Organizations".
Article 3. Principles of holding mass events
mass events based on the following principles:
1) the rule of law - the provisions of the Constitution, this Law, other normative legal acts of Turkmenistan;
2) voluntary participation in public events;
3) respect for and observance of the rights and freedoms of man and citizen.
CHAPTER II. The organization and conduct of mass events
Article 4. The organization of mass events
By organizing mass events include:
1) warning of possible participants of mass events and serve notice of the mass action to the appropriate authority of the local executive authorities;
2) a preliminary agitation;
3) production and distribution of graphic materials;
4) other actions that do not contradict the legislation of Turkmenistan, committed to the preparation and holding of mass events.
Article 5. The organizer of the mass event
1. The organizer of the mass event can be one or more citizens of Turkmenistan who has attained (reached) the age of majority, a permanent resident (residing) in Turkmenistan, as well as political parties and other public associations and religious organizations, their structural divisions, taking over the obligation to organize and conduct mass event.
2. It may not be the organizer of a mass event:
1) a person recognized by the court as incapable or partially capable, as well as the person held under a court sentence in prison;
2) a person having unremoved or outstanding conviction, as well as the person subjected to administrative penalties, - in the year after the imposition of administrative sanctions;
3) political parties and other public associations and religious organizations, their structural units whose activity is suspended, terminated or denied, or are disposed of in accordance with the legislation of Turkmenistan. 3
. The organizer of the mass event is entitled:
1) to carry out a mass event in the places and at the time specified in the notice of mass events or changed as a result of consultation with the local authorities;
2) to pre-campaign in support of the mass event through the media, by distributing leaflets, making posters, and other forms not contradicting the legislation of Turkmenistan;
3) empower the individual participants of mass actions to perform administrative functions on its organization and holding;
4) organize the collection of donations, signatures on requirements and other appeals of citizens;
5) used during mass events sound-amplifying equipment to the sound level, relevant standards and norms established in Turkmenistan;
6) require the authorized representative of the Interior to remove from a place of mass gathering of persons who do not meet the legitimate demands of the mass event organizer.
4. The organizer of the mass event shall:
1) file a notice of mass action in the manner prescribed in Article 7 of this Act to the authority of local authorities;
2) not later than three days before the day of mass action in writing, inform the local executive bodies on the adoption of (non-acceptance) of its proposal to change the place and time of the mass activities specified in the notice of mass events;
3) ensure compliance with the conditions of the mass action specified in the notice of mass events or changed as a result of consultation with the local authorities;
4) demand from the participants of mass actions of public order and the rules of mass events, termination of violations of the law;
5) to provide, within their powers of public order and safety of citizens during mass events, and in the cases stipulated in this Law, to carry out this responsibility in conjunction with the authorized representatives of local executive authorities and law-enforcement body, while respecting all their legal requirements;
6) to suspend a mass event or stop it in the case of members of its illegal actions;
7) to ensure observance of the local authorities regulations limit occupancy of the territory (premises) at the site of a mass event;
8) take measures to prevent exceeding the number of participants of mass events specified in the notice of mass action, if such excess number of participants poses a threat to public order and safety of the participants of the mass event or other persons, or the threat of property damage;
9) ensure the preservation of the environment, green areas, facilities, buildings, equipment and other property at the site of a mass event;
10) to bring to the attention of the mass action requirement of the authorized representative body of the local executive authority to suspend or terminate a mass event;
11) have a distinctive sign of the mass event organizer. Authorized person is also required to have a distinctive sign;
12) demand from the participants of mass events not hide your face, including not to use a mask, masking tools, and other items specially designed for difficult identification. Persons who are not subject to the law demands a mass event organizer, can be removed from the venue of the mass event.
5. The organizer of the mass event is not entitled to hold it, if notice of the mass action was not filed on time, or if a local authority executive was not agreed in its reasonable proposal of change place and time of holding mass events.
6. The organizer of a mass event in the case of dereliction of duty to them, provided the fourth part of this Article, shall be liable for the damage caused to the participants of mass actions in civil proceedings.
Article 6. The participants of mass events
1. The participants of mass events are recognized citizens, members of political parties, members and participants of other public associations and religious organizations, to voluntarily participate in it.
2. Participants mass action have the right to:
1) participate in the discussion and decision-making, and other collective action in accordance with the objectives of mass events;
2) used during the mass gathering various symbols and other means of public expression of collective or other opinion, as well as a means of agitation, is not prohibited by the legislation of Turkmenistan;
3) to receive and send claims and other appeals of citizens to the state authorities, public associations and religious organizations, and other international bodies and organizations. 3
. During the mass event, the participants are obliged to:
1) comply with all legal requirements of the organizer of a mass event, authorized persons, authorized representative of local executive authorities and law enforcement officers;
2) comply with the public order and the rules of holding mass events;
3) comply with the stipulated by normative legal acts of Turkmenistan requirements for transport security and traffic safety, if mass action is carried out using vehicles.
4. The participants of mass events is not entitled to:
1) hide their faces, including the use of masks, means of camouflage, and other items specially designed for difficult identification;
2) be in possession of weapons, ammunition, stabbing or cutting items, and other items that can be used as weapons, explosives, explosive, poisonous or narcotic, potent, highly flammable, flammable and pyrotechnic substances or products (for except matches and pocket lighters), objects (chemical material), which can be used for the manufacture of pyrotechnic products or smoke, combustible materials and substances other substances, items, products, use of which may lead to smoke, fire, to carry and to drink alcohol and alcohol products, beer and beverages produced on its basis;
3) located at the site of a mass event in a state of intoxication;
4) harm the historical and cultural monuments and other property;
5) impede the normal movement of pedestrians and vehicles.
5. The basis for the activities of journalists in the mass event is a certificate or other document proving the identity and credentials of the journalist. The journalist present at the mass event should be clearly visible distinguishing mark representative of the media.
Article 7. Notice of a mass
1. Notice of a mass event (except for pickets held by one party) served the organizer in writing to the authority of local authorities in time not earlier than 15 and no later than 10 days before the day of mass action. During the picketing of a group of persons notice of mass action can be submitted no later than three days prior to the meeting, and if these days falls on a weekend day (Sunday), public holidays and commemorative days, - not later than four days prior to the meeting .
Notice of picketing, carried out by one party, is required.
2. The notification on holding mass events are specified:
1) the purpose of the mass event;
2) form of mass events;
3) place (s) of mass action, the routes of the participants, and in case mass action will be carried out using means of transport, - information on the use of vehicles;
4) The date, start and end time of mass events;
5) estimated the number of participants of mass events;
6) forms and methods of the mass event organizer of public order, health care organizations, the intention to use sound-amplifying equipment during public events;
7) surname, first name, middle name or the name of the mass event organizer, addresses of places of residence or location and contact numbers;
8) surname, name and patronymic of the persons authorized by the organizer of the mass event to perform administrative functions for the organization and holding of mass events;
9) the date of notification on holding mass events. 3
. Notice of a mass event in accordance with the principles set out in Article 3 of this Act, shall be signed by the organizer of the mass event and the persons authorized by the organizer of the mass event to perform administrative functions for its organization and conduct.
Article 8 public events
1. Mass action can take place in any suitable places for the purposes of the event, if his conduct does not create a risk of collapse of buildings or other threat to the security of participants of mass events. Terms of the prohibition or restriction of the mass gathering in some places may be specified by the present Law and other normative legal acts of Turkmenistan.
2. Bodies of local executive authorities determine the places specially designated and equipped for collective discussion of issues of public importance, as well as for the mass of the joint presence of citizens for open expression of public opinion on topical issues of socio-political nature (hereinafter - special places). How to use specially designated places, their marginal rate of occupancy and the maximum number of persons participating in public events, notice of which is not required, are set by local executive authorities. 3
. In determining the specially designated places and establishing procedures for their use should be possible to achieve mass events purposes, accessibility specially designated places, the use of organizers and participants of mass events infrastructure, compliance with sanitary norms and rules, the safety of the organizers and participants of mass actions of others. In case of sending the organizers of several events notifications on holding mass events in designated places at the same time The order of the use of the designated areas is determined taking into account the time of receipt of the notice by the local authorities.
4. To places where mass events are prohibited, are:
1) the distance less than 200 meters from the residence of the President of Turkmenistan buildings, the Mejlis, the Cabinet of Ministers of Turkmenistan, the state body on television and radio;
2) a distance less than 50 meters from government buildings, local authorities, diplomatic missions and consular offices, military and law enforcement agencies and authorities to ensure the livelihoods of people (public transport, enterprise water, heat and energy supply, health authorities , educational institutions);
3) overpasses, objects of railway, water and air transport, ROW railway, water and air transport, oil, gas and product pipelines, high-voltage power lines;
4) a distance less than 100 meters from the hazardous production facilities for the production, use, processing, creation, storage, transportation and disposal of hazardous substances;
5) the distance less than 300 meters from the facilities intended for the production or storage of radioactive substances and materials, including nuclear materials, territories which store spent nuclear materials and radioactive wastes, and sanitary protection zones;
6) the distance less than 300 meters away from the areas which are manufactured and stored weapons, ammunition, explosives and materials, pyrotechnics;
7) the territory, directly adjacent to the territories and buildings of institutions executing punishment of imprisonment;
8) border zone, if there is no special permit of authorized border agencies;
9) other places in which to address the local authorities banned public gatherings.
5. After determining the local authorities in accordance with the second part of this article specially designated place for mass events are held, as a rule, in these locations. Mass events outside designated areas is allowed only after consultation with the local authorities. Local executive authorities refuse to agree on holding mass events only on the grounds specified in part three of Article 12 of this Law.
6. In order to protect the rights and freedoms of man and citizen, the rule of law, public order, public security organ of local authorities is further defined by the place in which it is prohibited to hold mass events, including when conducting mass actions in these areas could lead to a malfunction of vital facilities, transport and social infrastructure, communications, interfere with the normal movement of pedestrians and vehicles or citizens' access to premises or facilities of transport or social infrastructure.
7. The order of holding mass events in the territories of the objects, which are monuments of history and culture, specially protected natural areas defined by the local authorities taking into account the characteristics of such facilities and the requirements of this Act.
8. The order of holding mass events at the transport infrastructure used for public transport and non-places where mass events is forbidden in accordance with Part IV of this Article shall be determined by the local authorities taking into account the requirements of this Act, as well as requirements to ensure transport safety and road safety provided by the regulatory legal acts of Turkmenistan.
Article 9. Time of mass events
Mass event can not start earlier than 7 hours and end after 22 pm local time on the appointed day.
Article 10. Provisional agitation
1. The organizer of the mass event and other citizens from the moment of agreement with the local authorities place and time of the mass event have the right freely to carry out preliminary agitation among the people, telling them about the place information, the time for holding mass events and other information related to the preparation and conduct of mass action, as well as to urge the citizens and their associations to take part in the upcoming events.
2. For the pre-agitation may be used mass media, oral appeals, distributed posters and ads used other forms of agitation, not prohibited by the legislation of Turkmenistan. 3
. It is unacceptable to conduct a preliminary campaign in forms insulting and degrading of man and citizen.
4. Pre-campaign can not be carried out in the form of mass action if the procedure for the organization and conduct does not meet the requirements of this Act.
5. In case of refusal by the organizer of the mass event of the meeting, he is obliged to take measures to stop the pre-campaign and awareness of citizens and local executive authorities, which is served notice of this mass event, of the decision.
Article 11. Logistical and organizational
provision of holding mass events
1. Logistics of mass action carried out by its organizers and participants at their own expense, as well as the funds and assets collected and transferred for the conduct of mass events, unless otherwise stipulated by normative legal acts of Turkmenistan.
Not be conducted mass action by financial, material and other assistance to individuals and legal entities of foreign countries.
2. Credentials of participants of mass actions, conducting the logistics of holding mass events must be certified in writing his organizer.
Article 12. Duties of local executive
1. Local executive authorities after receipt of the notification on holding a mass event shall:
1) to document receipt of the notification on holding mass events, indicating the date and time of receipt;
2) to inform the organizer of the mass event within three days of receiving notice of the mass event (as when filing the notice of the picketing of a group of persons in less than five days prior to the meeting - on the day of receipt) a reasoned proposal about changing the time and place of mass events, as well as suggestions about how to resolve non-compliance of this Law purposes, forms and other conditions for holding mass events specified in the notice;
3) depending on the form of mass action and the number of its members to appoint an authorized representative in order to facilitate the organizers of mass events in the conduct of mass events in accordance with the requirements of this Act. Appointment of an authorized representative issued a written order, which is sent in advance to the organizer of mass events and the Interior for the organization of cooperation to ensure the safety of participants of mass events and other persons;
4) to bring to the attention of the mass event organizer information about the specified rate limit occupancy of the territory (premises) at the site of a mass event;
5) to provide, within its powers, together with the organizer of the mass event and the authorized representative of the internal affairs of public order and safety of citizens during mass events, as well as providing them with a medical emergency;
6) to inform about the issues, which were the causes of the mass event, the public authorities, which these issues are addressed, and keep track of events carried out;
7) for obtaining information on holding mass events on the tracks of travel and places of permanent or temporary residence of objects of state protection in a timely manner to inform the relevant authorities of the state protection.
2. If the information contained in the text of the notice on holding mass events, and other data suggest that the objectives of the planned mass action and its form is not consistent with the provisions of the Constitution and violate the prohibitions stipulated by the legislation of Turkmenistan, local executive authorities to immediately bring to the attention of the organizer mass event a written warning that if these offenses conduct such events may entail the responsibility of the organizer, as well as other participants of mass events in accordance with the legislation of Turkmenistan. 3
. Local executive authorities refuse to agree on holding mass events only in cases where its holding notice filed by a person who, in accordance with this Law has the right to be the organizer of a mass event, or if the notice as the venue for mass events show the position in which in accordance with this Law or other normative legal acts of Turkmenistan conducting a mass event is prohibited.
Article 13. Rights and obligations of the authorized
representative body of local executive
1. Authorized representative body of local executive power has the right to:
1) demand from the mass action of its compliance with the order of organizing and holding the organizer;
2) to take a decision to suspend or terminate a mass event in the manner and on the grounds provided for in this Act.
2. Authorized representative body of local executive authorities shall:
1) attend the mass event;
2) to provide assistance to organizers of public events in its implementation;
3) ensure together with the organizer of the mass event and the authorized representative of the internal affairs of public order and security of citizens and the rule of law during mass events.
Article 14. Rights and obligations of the authorized
the representative body of the Interior
1. At the suggestion of local executive authorities, made in writing, the chief of the internal affairs in the service of which the area (room), where (in which) is planned to hold a mass event, is obliged to appoint an authorized representative of the Interior authority to assist the organizers of mass events assistance in securing public order and public safety during public events. Purpose of said representative issued the order of the chief of the internal affairs.
2. An authorized representative organ of the Interior has the right to:
1) require the organizer of a mass event announcement of the termination of the admission of citizens at public events and on their own to stop the admission of it in the case of violation of the marginal rate of occupancy of the territory (premises);
2) request from the organizer and participants of mass actions comply with the order of its organization and holding;
3) at the request of the mass event organizer removed from its place of individuals who do not meet the legitimate demands of the mass event organizer. 3
. An authorized representative of the internal affairs shall:
1) within their powers to assist in the conduct of mass events;
2) ensure together with the organizer of the mass event and the authorized representative body of local executive authorities of public order and security of citizens and the rule of law during mass events.
Article 15. Grounds and order of suspension
1. If during the mass action due to the fault of the participants was a violation of the rule of law, not entailing the establishment of threat to their life and health, the authorized representative body of local executive authorities may require the organizer of a mass event on their own or together with the authorized representative of the internal affairs body to eliminate the violation.
2. In the case of non-corrective offenses referred to in the first part of this article, the authorized representative body of local executive authorities may suspend a mass event at the time you set them to eliminate violations. By eliminating the offense mass event as agreed between the organizer and the authorized representative of the relevant local executive authorities can be continued.
. If the offense has not been cleared after the time set by the authorized representative body of local executive authorities, the mass event is terminated in accordance with the procedure provided for in Article 17 of this Law.
Article 16. Grounds for termination
grounds for termination of a mass event are:
1) the emergence of a real threat to the life and health of citizens, as well as to the property of physical and legal entities;
2) commit members of the mass action illegal activities and deliberate violation of the organizer of a mass event of this Law relating to the order of holding mass events;
3) failure of the organizer of a mass event duties under the fourth part of Article 5 of this Law.
Article 17. Procedure for termination of mass events
1. In the case of the decision to terminate a mass event authorized representative body of local executive authorities:
1) gives an indication of the mass event organizer to terminate a mass event, justifying the reason for his termination, and within 24 hours in writing this guidance draws from the award of the organizers of mass events;
2) sets the time to carry out instructions to terminate a mass event;
3) in the case of non-organized mass specified event on its termination refers directly to the participants of mass events and sets the additional time to comply with instructions to terminate a mass event.
2. In case of failure indication to terminate a mass event police officers shall take the necessary measures to stop the mass event, acting in accordance with the law. 3
. The procedure for termination of a mass event, referred to in part one of this article shall not apply in case of mass riots, pogroms, arson and other cases that require urgent action. In these cases, the cessation of mass action is carried out in accordance with the law.
4. Failure to comply with the legitimate demands of law enforcement officers or refractory (resistance) they selected participants of mass events is punishable these participants, established by the legislation of Turkmenistan.
CHAPTER III. Guarantees of realization of citizens' right to
CONDUCT mass events
Article 18. Ensuring the conditions for
1. The organizer of the mass event, officials and other citizens are not entitled to interfere with the participants of mass actions in terms of their opinions in a manner not violate public order and the rules of holding mass events.
2. The public authorities, which addressed the issues which were the reasons for holding mass events are obliged to examine these matters essentially take on them the necessary decisions in accordance with the legislation of Turkmenistan and to report on the decisions taken organizer of a mass event. 3
. Maintaining public order, traffic control, sanitation and medical care in order to ensure the holding of mass activities are free of charge.
Article 19. Appeals against decisions and actions (or inaction),
violate the right of citizens to carry
Decisions and actions (inaction) of state bodies, public associations, officials, which violate the right of citizens to hold mass actions can be appealed in court in accordance with the legislation of Turkmenistan.
CHAPTER IV. FINAL PROVISIONS
Article 20. Entry into force of this Act
This Law shall enter into force on 1 July 2015.
President Gurbanguly Berdimuhamedov of Turkmenistan
28 February 2015