Russian Constitutional Court: Liability for exceeding the stated number of protesters is only possible if a real threat to order and security

May 18, 2012 the Russian Constitutional Court ruled that the organizer of a public event can not be held administratively liable for the mere formal discrepancy between the declared and actual number of participants.

Collection of significant numbers of people in one place for the purpose of forming and expressing their position on socially significant issues poses certain risks. For the minimization of the projected number of participants in a public event of the utmost importance. Therefore, the organizer of public events should be particularly carefully and thoughtfully apply to determine the potential number of participants. In particular, it must take into account the social activism on the issue, which is devoted to a public event. Otherwise, authorities will not be able to assess the adequacy of the proposed venue for public events, and to take necessary and reasonable measures to ensure his safety.

The challenged regulations require the applicant to administrative responsibility for violation of the stated number of participants in public events. However, by itself exceeded the number is not a sufficient basis for bringing the event organizer to administrative responsibility. This ground arises only if such excess poses a real threat to public order, safety of the public event and (or) other people, the assets of individuals or entities. At the same time it must be established that the discrepancy between the number of emerged was the fault of the organizer.

18 May 2012

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Salad of pears and celery

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