Expressing an opinion without violating the law

The Law of the Republic of Belarus "On Mass Events in the Republic of Belarus" clearly defines the procedure for conducting such initiatives. These include meetings, rallies, street marches, demonstrations, and picketing. Any failure to comply with the requirements established by law for their conduct entails responsibility.

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

Organizers and participants of the 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 hinder them in the performance of their official duties, as well as representatives of the public performing duties to maintain public order.

Troubles may arise from the use of flags, pennants, not registered in the established manner, as well as emblems, symbols, posters, and banners, the content of which is aimed at causing harm to public order, the rights and legitimate interests of citizens; for committing any actions that violate the established procedure for organizing and conducting mass events, as well as inciting such actions by any means.

Violating the procedure for organizing and conducting mass events may entail both administrative and criminal liability.

In particular, the sanctions of Article 24.23 of the Code of Administrative Offenses of the Republic of Belarus, which came into force on 01.03.2021 (violation of the procedure for organizing or conducting mass events) provide for a fine of up to 200 basic units for individuals or administrative arrest, and for legal entities that organized the event, accompanied by payment of remuneration for participation in it - a fine of up to 500 basic units.

Furthermore, for disobedience to a lawful order or demand of an official of a state body (organization) in the performance of their official powers by a person not subordinate to them (Article 24.3 of the Code of Administrative Offenses), a fine of 2 to 100 basic units or administrative arrest is provided.

If the violation of the procedure for organizing or conducting mass events results in the accidental death of people, causing serious bodily harm to one or more persons, or causing significant damage, criminal liability arises. The sanction of Article 369-3 of the Criminal Code (violation of the procedure for organizing or conducting mass events) provides for arrest, restriction of freedom for up to three years, or imprisonment for the same term.

Criminal liability for organizing mass riots, participation or preparation for them is provided for in Article 293 of the Criminal Code. These socially dangerous acts are punishable by imprisonment for up to 15 years.

Organizing and preparing actions that grossly violate public order, or active participation in them in the absence of signs of a crime provided for in Article 293 of the Criminal Code, entails liability under Article 342 of the Criminal Code (organizing and preparing 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 causes harm to citizens and organizations during mass events is obliged to compensate for it.

It is also important to emphasize the necessity of complying with legal requirements when using Internet resources.

Thus, threats and insults posted on the internet against public officials, members of electoral commissions in connection with their official duties, as well as against their families, fall under criminal liability.

In particular, according to part 1 of Article 366 of the Criminal Code of the Republic of Belarus, threats of violence, destruction, or damage to property against an official performing official duties, or another person performing a public duty to maintain public order or prevent offenses, or their relatives, aimed at hindering lawful activities or coercing to change the nature of such activities or out of revenge for performing official duties or public duty are punishable by a fine, or corrective labor for up to two years, or arrest, or restriction of freedom for up to five years, or imprisonment for up to five years.

Coercing a person to perform or refrain from performing any action, committed under the threat of violence against them or their relatives, destruction or damage to their property, dissemination of defamatory or other information they wish to keep confidential, or under the threat of infringing the rights, freedoms, and legitimate interests of these persons, in the absence of signs of a more serious crime, is also a criminally punishable act. The sanction of Article 185 of the Criminal Code of the Republic of Belarus provides for a maximum punishment of up to 2 years of restriction of freedom.

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

Recently, various internet resources have been persistently explaining to the citizens of the Republic of Belarus about their right to freely express their political views, while the authorities' demand for compliance with the current legal norms when organizing and conducting mass events is viewed as suppression of citizens' will and violation of democratic norms.

At the same time, organizers and participants of mass events invoke the Constitution of the Republic of Belarus, which guarantees every citizen the freedom of opinions, beliefs, and their free expression.

However, as is often the case, citizens approach the selection of legislative norms selectively, discarding other norms contained in it that create inconveniences for them, and providing incomplete texts of legislative norms.

Thus, Article 35 of the Constitution provides that the state guarantees the freedom of assemblies, rallies, street marches, demonstrations, and picketing that do not violate public order and the rights of other citizens of the Republic of Belarus. The procedure for conducting these events is determined by law.

The events whose conduct must comply with the legislation on mass events, according to Article 2 of the mentioned Law, also include picketing.

Picketing, according to this norm, is the public expression of socio-political, group, personal, and other interests or protests (without a march) not only by a group of citizens but also by an individual 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 protests.

District Prosecutor's Office