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13.12.2002

The Law of Ukraine (A draft).

   

Suggested by MP of Ukraine V. S. Pustovoytov „On the procedure of organizing and conducting peaceful mass actions in Ukraine“

The Law determined the procedure of organizing and conducting meetings, demonstrations, rallies, pickets, marches including street ones, other peaceful mass actions in Ukraine, which are the inalienable right of Ukrainian citizens, as well as foreigners and apatrides, who reside on the Ukrainian territory legally; this right is confirmed by the Universal Declaration of human rights and is guaranteed by the Constitution of Ukraine.

PART 1. GENERAL PROVISIONS

Article 1. The area of validity of the Law

The validity of the Law covers citizens of Ukraine, as well as foreigners and apatrides, who reside on the Ukrainian territory legally, within their rights and freedoms stipulated by the Constitution of Ukraine and her operating laws.

The procedure of organizing and conducting meetings, demonstrations, rallies, pickets, marches including street ones, other peaceful mass actions in Ukraine determined by this Law does not spread on meetings of labor collectives, political parties, trade unions, public and other organizations, which are held indoors according to the operating laws of Ukraine, statutes and rules of these organizations, as well as on peaceful mass actions conducted on the initiative of the organs of state power and local self-rule.

Article 2. Definition of basic terms

The basic terms used in this Law:

MEETINGS – a common presence of a group of citizens of Ukraine, foreigners or apatrides, who reside on the Ukrainian territory legally, who gathered in the place appointed by the organizers and agreed with the executive organs of local state power or local self-rule, for a public discussion and expressing their attitude to the actions of all branches of state power, organs of local self-rule and self-organization, their officers, heads of enterprises, organizations and establishments of all forms of property, events in social, political and economic life of the country, society and in the whole world, as well as for solving other problems.

DEMONSTRATION – an organized peaceful march of citizens of Ukraine, foreigners or apatrides, who reside on the Ukrainian territory legally, with the use of state or other not prohibited by operating laws symbols, slogans, posters and portraits along the sidewalk, pavement of streets (roads), boulevards, avenues and squares along the route appointed beforehand by the organizers and agreed with the executive organs of local state power or local self-rule with the aim to attract the attention of top and local power structures, their officers and public to urgent social, political, economic and other problems, as well as problems of the state, society, local territorial community, or with the aim of public protest against the decisions or measures taken by the state, organs of local self-rule, their officers, or against separate events in the life of the state or the whole world, or on the contrary – for their support.

RALLY – an organized peaceful gathering of citizens of Ukraine, foreigners or apatrides, who reside on the Ukrainian territory legally, with the use of state or other not prohibited by operating laws symbols, slogans, posters, portraits and sound recording equipment in the place appointed by the organizers and agreed with the executive organs of local state power or local self-rule, for a public discussion of the events and questions concerning social, political and economic life of the country, society and in the whole world, as well as for expressing protest against or support of the actions of the state power structures. Of all levels, organs of local self-rule, political, public and other organizations, trade unions, separate state officers, as well as for solving questions and problems concerning social, political, economic, party, religious, national and other interests of the participants of the peaceful meetings and actions.

PICKETING -- public expression by citizens of Ukraine, foreigners or apatrides, who reside on the Ukrainian territory legally, of personal, group or other social, political, economic, party, religious, national and other interests or protest (without demonstrations, meetings and marches), including hunger-strikes, near or around administrative buildings of state or law-enforcing organs, courts, organs of local self-rule, enterprises and establishments of all forms of property, organizations and educational establishments with or without the use of appeal, mottoes, posters, portraits and other permitted visual means.

MARCH – an organized, long-lasting, with breaks for passage by transport, holding rallies, pickets, and for rests, peaceful mass movement of citizens of Ukraine, foreigners or apatrides, who reside on the Ukrainian territory legally, along the all-Ukrainian, Crimean, oblast or district route appointed beforehand by the organizers and agreed with the executive organs of local state power or local self-rule with the aim to attract the attention of top and local power structures, state officers and public to the marchers and their problems, as well as with the aim of public expression of their social, political, economic, party, religious, national and other opinions or protests.

STREET MARCH -- an organized, with breaks for holding rallies and pickets, peaceful mass movement of citizens of Ukraine, foreigners or apatrides, who reside on the Ukrainian territory legally, along the all-Ukrainian, Crimean, oblast, district (in towns), settlement or village route appointed beforehand by the organizers and agreed with the executive organs of local state power or local self-rule with the aim to attract attention of top and local power structures, state officers and public to the marchers and their problems, as well as with the aim of public expression of their social, political, economic, party, religious, national and other opinions or protests.

ACTION – an organized mass peaceful measure of protest type (hunger-strike, tent camp, street march with torches, etc. ) or without protest (motor, bicycle or motorcycle race, charity cultural action, exhibition, etc. ) of a group of people united by one common purpose aimed at attracting attention of top and local power structures, state officers and public to solving social, political, economic, party, religious, national and other problems, which represent private, collective, social or state interests.

PEACEFUL MASS ACTION AND ACTION OF COMMERCIAL TYPE – an organized peaceful mass action of a group of people united by common commercial purpose.

Article 3. Laws on the procedure of organizing and conducting peaceful mass actions in Ukraine

The procedure of organizing and conducting peaceful mass actions in Ukraine is regulated by the Constitution of Ukraine, by this Law and by legal acts of Ukraine adopted according to them.

PART ІІ. ORGANIZATION OF PEACEFUL MASS ACTIONS IN UKRAINE

Article 4. Organizers of peaceful mass actions

The peaceful mass actions may be organized by Ukrainian citizens, not less than three in number, who reached 18 years of age and have the right to vote, as well as foreigners or apatrides, who reside on the Ukrainian territory legally, not younger than 21 years of age, under the condition that these persons took the obligation in writing to fulfil organizers’ functions in preparing and conducting meetings, demonstrations, rallies, pickets, marches including street ones, other peaceful mass actions according to this Law.

The peaceful mass actions may not be organized by the persons, who are under arrest or detention, are staying in penitentiaries or recognized as fully or partly incapable by law, as well as by other people, who are prohibited to do this by the operating laws of Ukraine.

Political parties, trade unions, public and other organizations, which were registered in Ukraine according to the procedure stipulated by the operating laws, may also initiate peaceful mass actions, for which they must appoint their representatives (according to the decision of the given citizens’ union), who fulfil the function of responsible organizers.

Peaceful mass actions on the side of children public organizations, collectives and groups may be organized only by their parents or appointed by the parents citizens, who reached 21 years of age and have the right to vote according to the operating laws of Ukraine.

Organization of religious peaceful mass actions is determined by this Law and other legislative acts of Ukraine.

Article 5. Participants of peaceful mass actions

Citizens of Ukraine, members of political parties, trade unions, public and other organizations including children ones, which were registered in Ukraine according to the operating laws, as well as foreigners or apatrides, who reside on the Ukrainian territory legally, are regarded to be participants of peaceful mass actions if the above-mentioned persons realize practical steps for preparing and conducting peaceful mass actions on the commission of the organizers and are present there, except the persons, who are prohibited to do this by the operating laws of Ukraine.

Article 6. Notification on the time of conducting peaceful mass actions, its content and form

The notification on conducting meetings, demonstrations, rallies, pickets, marches including street ones and other mass actions must be handed by the organizers in writing beforehand to the executive organs of local state power or local self-rule, on whose territory the action is planned to be conducted.

The organizers have the right not to hand the written notification on conducting picket by the group, which size is less than 50 persons, to the executive organs of local state power or local self-rule. They may inform on this action the day before orally personally or through telephone.

The written notification must not be handed, if the picket is held by a citizen of Ukraine, foreigner or apatride, who reside on the Ukrainian territory legally, by his own initiative.

If the organizers of the peaceful mass marches, races or other similar actions plan the all-Ukrainian route on the territory of several oblasts, they must present beforehand a written notification about this route to state administration of each oblast; in the Autonomous Republic of the Crimea – to the Cabinet of Ministers of the Crimea.

The realization of the right for such actions before their beginning may be restricted only by the Supreme Court of Ukraine that must consider the application of the Cabinet of Ministers of the Crimea or oblast state administrations within three days; the oblast court after the application of the oblast administration may interrupt such actions, if an emergency state was introduced on the territory of the oblast.

The Crimean, oblast or district routs of peaceful mass marches, races and other similar actions are agreed by their organizers beforehand with executive organs of the Crimean Republic and local organs of executive power on the basis of written notifications.

The realization of the right for such actions before their beginning in the Crimean Republic may be restricted only by the Supreme Court of the Crimean Republic after the application of the Cabinet of Ministers of the Crimea within three days; in oblasts and districts – the oblast court that must consider the application of the oblast and district state administrations within three days.

If the peaceful mass actions are planned to be conducted on the territory of several countryside councils, administrative-territorial units, the organizers must hand a written notification to the district state administration.

The realization of the right for such actions before their beginning may be restricted only by the district court that must consider the application of the district state administration on the same day.

Conducting town, district (in towns), settlement or village street marches is agreed on the basis of a written notification from their organizers to the corresponding executive organs of the local self-rule.

The realization of the right for such actions before their beginning may be restricted only by the town court that must consider the application of the town state administration on the same day.

In the cities Kyiv and Sevastopol the written notifications on conducting peaceful mass actions except pickets must be handed by their organizers to the city state administration.

The realization of the right for such actions before their beginning may be restricted only by the city court that must consider the application of the city state administration on the same day.

The organizers of peaceful mass actions must send beforehand the written notifications about the actions to the local executive organs of state power or local self-rule; these notifications must contain: 1. Aim, form and place of holding the peaceful mass action. 2. The time of beginning and finishing the action. 3. The rout of movement, if necessary. 4. The expected number of the participants of the action. 5. Surnames, names and patronymics of the organizers of the peaceful mass action, their home addresses, home or contact telephone numbers, cell telephone numbers, fax numbers (if any). 6. The measures on guaranteeing public order and safety during the peaceful mass action; the necessity (or its absence) of the presence of law-enforcers (their number) is mentioned, as well as the presence of motor ambulances, presence (or absence) of loud-speaking equipment. 7. The date of handing the written notification.

A notification must be signed by the organizers of the peaceful mass action. If the action is initiated by a political party, trade union, public or other organization, including children ones, legally registered in Ukraine, they must authorize the signatures of the organizers with the seal.

The term of handing the written notification on holding peaceful mass actions by the organizers is counted from the day of registering the notification in the local executive organs of state power or local self-rule.

The organizers of peaceful mass actions may not be refused to accept the written or oral notifications on holding peaceful mass actions, if the notification is presented according to this Law.

Article 7. The procedure of accepting and considering the notifications on holding peaceful mass actions

The state officer representing the executive organ of local state power or local self-rule accepts the notification on holding peaceful mass actions from the organizers, writes on the copy of notification the date and time of the acceptance, his/her surname, name and patronymic, position, office telephone number, and confirms all that with his/her signature and the seal of the corresponding organ. The copies of the notifications on holding peaceful mass actions are handed to the organizers.

The executive organs of local state power or local self-rule must take the notification into account within two days except official days-off.

If the executive organs of local state power or local self-rule see a violation of Article 39 of the Constitution of Ukraine or of the operating laws of Ukraine in the planned peaceful mass actions, they must turn to the corresponding court for obtaining its decision concerning the legality of holding the action; at the same time the organizers of the peaceful mass action must be informed about this.

In cases, where the organizers of the peaceful mass action do not get the court decision on restricting the right for holding the action within three-day term (after handing the notification), the planned peaceful mass action is regarded as legal.

Article 8. The place and time of holding peaceful mass actions and the reasons for their holding

Peaceful mass actions in Ukraine may be conducted in any suitable places, if this is not constrained or prohibited by this Law or other laws of Ukraine, resolutions of the Cabinet of Ministers, decisions of the organs of local state power or local self-rule.

Meetings, demonstrations, rallies, pickets, street marches and other peaceful mass actions may be conducted at the distance not smaller than 150 meters from the buildings of the Administration of the President of Ukraine, the Supreme Rada of Ukraine, the Cabinet of Ministers of Ukraine, the Supreme Rada of the Crimean Republic, the Council of Ministers of the Crimean Republic, diplomatic representations and consulates of foreign states, and at the distance not smaller than 25 meters from the buildings of the republican organs of state power, local representative and executive organs, courts, prosecutor’s office, administrative buildings, privately owned enterprises, establishments and organizations; individual pickets may be conducted directly near the mentioned buildings.

Holding peaceful mass actions is limited on the objects of subway, railway, water and air transport; peaceful mass actions may be held not nearer than 50 meters from the objects or territory of the enterprises, establishments and organizations, which guarantee security and defense of the state, as well as the objects connected with public life (public transport, water, energy, heat supply, other energy carriers, hospitals, polyclinics, kindergartens, schools, military units, etc).

Holding peaceful mass actions is limited on the territory, where the safety of people may not be guaranteed, where the objects dangerous or harmful for health are situated: railways, freeways, highways, pipelines, high-voltage electric lines, atomic energy stations, fire or explosion dangerous objects and objects or constructions, which have cultural value, if holding such actions on the territories, where the latter objects are situated, may result in their damage.

The admitted distances for holding peaceful mass actions near the objects dangerous for health are determined according to the operating common rules.

Peaceful mass actions may be conducted, as a rule, in any time of day and night, if this does not violate rights and freedoms of other people, especially in the period from 11 p. m. to 6 a. m. it is prohibited to use the loud-speaking equipment at this time.

It the organizers planned to conduct a peaceful mass action in the place and time, which were already permitted for conducting another peaceful mass action, or if this action in the chosen place may insult public morals or religious feelings, the local executive organ of state power or local self-rule must propose the organizers to conduct this action in another place, time or form.

The proposition must be concrete and include several variants. In the case, where one of the variants was accepted, the organizers must confirm their consent with new notification, which must be compiled according to Article 6, paragraph 8 of the present Law; the claim to court must not be handed in such cases.

Article 9. Appealing against court decision on holding peaceful mass actions

Court decisions restricting the right of citizens of Ukraine, foreigners or apatrides, who reside on the Ukrainian territory legally, to gather peacefully and without weapons and to conduct meetings, demonstrations, rallies, marches including street ones and other peaceful mass actions may be appealed by the organizers according to the operating laws of Ukraine.

Article 10. Material and technical provision of peaceful mass actions

Material and technical provision of peaceful mass actions is done for the account of their organizers and participants, as well as donations of other Ukrainian citizens.

PART III. THE PROCEDURE OF HOLDING PEACEFUL MASS ACTIONS

Article 11. Obligations of organizers and participants of peaceful mass actions

Organizers of peaceful mass actions are obliged:

1. To be present all the time at the peaceful mass actions, which are held by their initiative. 2. Obey the place, time, aim and form of peaceful mass action mentioned in the notification, as well as to declare about them beforehand and in the beginning of the action. 3. To inform the participants of peaceful mass actions about the permission or prohibition to hold the action before its beginning. 4. To guarantee the obedience of conditions and procedure of holding peaceful mass actions; if some transport, pyrotechnics, tall constructions, animals, etc. Are used during the action, the organizers must apply measures for as to the safety of participants, buildings, plants and other objects. 5. In the case, where the participants of peaceful mass action commit unlawful acts terminate the action after the demand of militia or other state officers, who, according to this Law, control the public order during peaceful mass actions. 6. When the peaceful mass action is finished, the participants must be informed about this. 7. To have the emblem of organizers of peaceful mass actions.

Participants of peaceful mass actions are obliged:

1. Not to mask their faces, to carry firearms, cold steel, gas pistols and sprays, specially made weapons, whose use may threaten life and health of people, as well as explosive, poisonous, radioactive, inflammable and other dangerous substances, not to permit the presence of animals, if it does not contradict the scenario of the action agreed by organizers. 2. Not to permit clashes or other events that threaten health of other people, their Constitutional rights and freedoms, that impede them to freely demonstrate and widen their outlook, opinions and convictions. 3. To disperse after the end of peaceful mass actions or if the organizers or the state officer, who has the duty to observe public order, inform about the prohibition to hold the peaceful mass action based on the court decision or about the termination of the action according to Article 13 paragraph 2, items 1, 3, 4 of this Law.

Article 12. Duties of the executive organs of state power and local self-rule

The executive organs of state power and local self-rule must:

•  Guarantee the necessary conditions for holding peaceful mass actions, obey the proper sanitary and hygienic demands and render the participants of peaceful mass actions necessary medical aid.

•  In the cases envisaged by Article 8 of this Law to offer (if possible) another place and time for holding the action.

Article 13. Rights and duties of law-enforcing organs

During peaceful mass actions militiamen must guarantee the public order according to Ukrainian laws, which regulate their activities.

Law-enforcers have the right to terminate a peaceful mass action if:

•  Its organizers did not inform executive organs of state power and local self-rule about the action.

•  There is the corresponding court decision.

•  During the peaceful mass action the premeditated acts were committed directed at violating sovereignty and territorial integrity of Ukraine, change or downfall of the constitutional order by force, usurpation of state power, fanning of race, national, religious enmity, propaganda of violence and war.

•  There are other bases stipulated by Article 11 of this Law.

Before terminating the peaceful mass actions law-enforcers shall demand from the organizers to stop the violations mentioned above. If this is not done, law-enforcers must terminate the action and to inform the participants about this.

Law-enforcers, who give orders to and formulate the demands before the organizers and participants of peaceful mass actions must wear uniforms or have identification signs. Law-enforcers may not mask their faces in the fulfilling their duties as to keeping the public order.

Law-enforcers use forceful methods, special equipment and firearms for keeping public order during peaceful mass actions in the cases and according to the procedure stipulated by the Ukrainian laws regulating their activities.

Article 14. Resolutions and appeals of the participants of peaceful mass actions

The participants of peaceful mass actions may adopt resolutions and appeals to the organs of state power, local self-rule, unions of citizens, enterprises, establishments and organizations of any form of property, mass media, state officials depending on their functional duties according to Ukrainian Law „On appeals of citizens“.

PART IV. GUARANTEES OF THE RIGHT OF CITIZENS AND THEIR UNIONS, FOREIGNERS AND APATRIDES RESIDING IN UKRAINE LEGALLY FOR PEACEFUL GATHERINGS WITHOUT WEAPONS

Article 15. Guaranteeing the conditions for holding peaceful mass actions

The state guarantees citizens and their unions, foreigners and apatrides residing in Ukraine legally the conditions for conducting peaceful mass actions by way of offering gratis streets, squares, parks and other open territories and constructions of common use, with the limitations established by this Law and except the cases, when the actions is held with commercial aims.

Material and technical provisions (pay for labor, fuel, transport, if necessary, etc. ) of law-enforcing organs appointed to protect the public order during peaceful mass actions and actions of commercial type are done for the account of organizers and participants of the actions.

The executive organs of state power and local self-rule, their officers, political parties, trade unions, public and other organizations, their leaders, as well as Ukrainian citizens, foreigners and apatrides residing in Ukraine legally have no right to intrude into and interrupt peaceful mass actions conducted according to this Law.

Article 15. Voluntary participation in peaceful mass actions

Ukrainian citizens, unions of citizens, foreigners and apatrides residing in Ukraine legally participate in peaceful mass actions voluntarily. Access to such actions is free. No one shall not be forced to participate or not participate in peaceful mass actions in Ukraine.

It is forbidden to take pay from Ukrainian citizens, foreigners and apatrides residing in Ukraine legally for the access to peaceful mass actions and for presence there, or to pay them for participation in such actions as spectators, or to encourage them in other ways. Yet, this does not exclude the right to give voluntary donations.

Article 16. The right for free reception and distribution of information about peaceful mass actions

Ukrainian citizens, unions of citizens, foreigners and apatrides residing in Ukraine legally, representatives of mass media have the right for free collection, storage, use and distribution of information about peaceful mass actions orally, in writing or in other way (on their own choice) in the framework of operating laws of Ukraine.

Article 17. Responsibility for violating the procedure of organizing and conducting peaceful mass actions in Ukraine

State officials, Ukrainian citizens, unions of citizens, foreigners and apatrides residing in Ukraine legally, who are guilty of violating this Law, bear responsibility according to operating laws of Ukraine.

Article 18. Recompensing material damage

The material damage inflicted to citizens, enterprises, establishments and organizations of all forms of property by peaceful mass actions must be recompensed by the guilty according to operating laws of Ukraine.


PART V. FINAL PROVISIONS

This Law comes into effect from the day of its publication.

The Cabinet of Ministers of Ukraine is obliged within six months from the day this Law comes into effect to:

•  To present the propositions as to the agreeing the legal acts of Ukraine with the Law „On the procedure of organizing and conducting peaceful mass actions in Ukraine“ for considering by the Supreme Rada.

•  To adopt normative legal acts needed for realizing this Law, providing consideration and cancellation of normative legal acts contradicting to this Law by ministries, other central and local executive organs of state power and local self-rule.

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