Do not break the law!

The procedure for holding mass events is defined by the Law of the Republic of Belarus "On Mass Events in the Republic of Belarus". These include assemblies, rallies, street processions, demonstrations, and picketing. For non-compliance with the requirements of the legislation on their conduct, administrative and criminal liability is established.

According to Article 11 of the aforementioned Law, participants of mass events are obliged to observe public order and comply with all lawful demands of organizers, police officers, and representatives of the public performing duties to protect public order.

Organizers and participants of events 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 representatives of the public performing duties to protect public order.

In particular, the sanctions of Article 24.23 of the Code of Administrative Offenses of the Republic of Belarus, which entered into force on March 1, 2021 (violation of the order of organization or holding of 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 for participation - 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 (Article 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 order of organization or holding of mass events has negligently resulted in the death of people, causing grievous bodily harm to one or more persons, or causing damage on a large scale, criminal liability is incurred. The sanctions of Article 369-3 of the Criminal Code (violation of the order of organization or holding of mass events) provide for arrest, restriction of liberty for up to three years, or imprisonment for the same term.

Criminal liability for organizing mass riots, participation therein, or preparation 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, entail 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 electoral 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 Art. 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, in order to obstruct lawful activity or compel a change in the nature of this activity, 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 him or his close relatives, destruction or damage to their property, dissemination of slanderous or disclosure of other information, is also a criminally punishable act.

which they wish to keep secret, or under threat of infringing the rights, freedoms, and legitimate interests of these persons, in the absence of signs of a more serious offence. 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 freedom.

For slander and insults posted on the "World Wide Web", Articles 188, 189 of the Criminal Code of the Republic of Belarus provide for punishment up to 3 years of restriction of freedom.

Recently, 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 considered as suppression of citizens' will and violation of democratic norms.

However, as is often the case, internet resources and citizens selectively approach the choice of norms of a legislative act, not indicating other norms contained therein, and providing incomplete texts of legislative norms.

Thus, Article 35 of the Constitution of the Republic of Belarus provides that the state guarantees freedom of assembly, rallies, street processions, demonstrations, and picketing, provided they do not violate public order and the rights of other citizens of the Republic of Belarus. The procedure for holding such events is determined by law.

According to Art. 2 of the said Law, picketing also refers to events the holding of which must comply with the legislation on mass events.

Picketing is defined by this norm as a public expression of socio-political, group, personal, and other interests or protest (without procession) not only by a group of citizens, but also by a single 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, and buildings, is a public expression of socio-political and other interests or protest.

Senior Assistant

Vitebsk Transport Prosecutor                                       P.L. Domashevsky