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Document Information:
- Year: 2012
- Country: Kyrgyzstan
- Language: English
- Document Type: Domestic Law or Regulation
- Topic: CSO Framework Legislation
The Law of the Kyrgyz Republic
o n Peaceful Assemblies
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Bis hkek
As of May 23, 2012 #64
LAW OF THE KYRGYZ REPUBLIC
on Peaceful Assemblies
Section 1. General P rovisions
Section 2. Securing the Right to Freedom of A ssembly
Section 3. Prohibition, Restrictions and Termination of A ssemblies
Section 4. Final Provisio ns
Section 1.
General provisions
Article 1. Subject Regulated by the P resent Law
1. The present Law regulate s social relations linked to the implementation of the right of each
person to peaceful assembl ies .
Article 2. Assembly -Regulating Legislation
1. In ensuring the right to freedo m of peaceful assembly , public authorities and local self –
government bodies shall b e guided by the Constitution of the Kyrgyz Republic, the present Law,
duly enacted international treaties that the Kyrgyz Republic is a party to, as well as by universally
recognized principles and norms of international law. The laws and other normative acts shall not
contradict this Law.
2. Application of the right to freedom of peaceful assembly may not be subject to any
limitations except for those imposed under laws to prot ect national security, public order, health and
morals of the population or protection of the rights and freedoms of others. Limitation of the
freedom of peaceful assembly shall be proportionate to the specified purposes .
3. It shall be prohibited to adopt su blaws limiting the right to freedom of peaceful assembl ies .
Article 3. Terms U sed in the Present Law
For the purposes of the present Law, terms used hereinafter shall have the following meanings:
1) Counter -assembly – assembly concerning the same subject, but with t he purpose of
expressing opposite opinion regardless of area and time of conducting these assemblies ;
2) Peaceful assembly – assembly of non -violent and unarmed character ;
3) Organizer of a peaceful assembly – person acting on behalf of political parties, other
organizations, citizens, who initiate s the peaceful assembly, perform s actions aimed at preparation
of the specified event , as well as managing actions of the assembly participants;
4) Simultaneous assembly – peaceful assembly conducted simultaneously with a nother
assembly in the same area and not having the purpose of expressing an opinion different from that
of participants of the other assembly;
5) Planned assembly – assembly conducted with preliminary notification;
6) Assembly – premeditated and temporary stay of number of people in the places open for
public access with the purpose of attracting attention of state bodies and local self -governments,
public attention, including expressing opinion on any issues ;
7) Spontaneous assembly – assembly conducted without p reliminary notification;
8) Assembly notification – preliminary notification of public authorities or local self –
governments about the planned assembly;
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9) Assembly participant – citizen of Kyrgyz Republic, foreign citizens or stateless persons
participating in a peaceful assembly.
Section 2.
Securing the Right to Freedom of Peaceful Assembly
Article 4. Responsibilities to Secure the Right to Freedom of Peaceful Assembly
1. Public authorities and local self -government bodies shall respect and secure the right to
freedom of peaceful assemblies, with out any distinction as to gender, race, language, ethnicity,
religion, age, political or other beliefs, origin, property or other status, as well as any other
circumstances.
2. Participation in an assembl y shall be voluntary. Persons coercing to or illegally interfering
with participation in an assembl y shall be liable as envisaged by legislation of the Kyrgyz Republic.
3. Upon receipt of information about a planned or conducted assembly, public authorities and
local self -government s shall immedia tely notify executive authorities of the local self -government
and the interior bodies.
4. Public authorities and local self -government s to whom the requirements of the assembly
participants and organizers are addressed shall receive and consider their requir ements in essence, as
well as notify about their decisions as stipulated by law.
5. When implementing measures to secure the right to freedom of peaceful assembly, public
authorities and local self -government s shall not have the right to :
1) assess the appropria teness of the peaceful assemblies ;
2) support any party in case of counter -assemblies ;
3) set the time, place or movement routes for the peaceful assembly;
4) prohibit or limit the place, time and movement route of peaceful assemblies, except for cases
when failure to take such measures entails violation of the rights of citizens not participating in the
assembly, also for the interests of protecting national security, public order, health and morals of the
population, in compliance with requirements specified by the present Law;
5) prevent achievement of peaceful assembl ies’ purposes, except for cases stipulated by the
present Law;
6) organize and conduct counter -assemblies.
Article 5. Responsibilities of Local Self -Government Bodies
Local self -government bodies shall :
1) immediate ly notify the interior bodies on the territory of the assembly, other state
sta ke holders about a planned or conducted assembly;
2) in interact ion with the interior bodies and other state bodies take measures to secure the
conduct of peaceful assemblies;
3) inter act with assembly organizers and participants to ensure conduct of peaceful assemblies;
4) provide for receipt of assembly notifications;
5) organize the work of communal and other services (emergency, fire fighting, rescue and
other services) if necessary ;
6) ass ist the interior bodies to prevent and prohibit consumption of alcohol, narcotics,
psychotropic and other intoxicating substances;
7) notify issues that caused the assembly to public authorities and local self -government bodies
to which the issues are address ed ;
8) perform other responsibilities stipulated by the present Law.
Article 6. Responsibilities of the Interior Bodies
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The interior bodies :
1) immediately notify local self -governments and other public stakeholders about a planned or
conducted assembly ;
2) if necessary, i nteract with other public authorities in assembly -related issues;
3) interact with assembly organizers and participants in issues related to conduct of peaceful
assemblies, including notification about measures taken to secure conduct of the peaceful
assembli es;
4) show respect to peaceful assembly participants ;
5) ensure unimpeded work of mass media;
6) demand that citizens and officials observe public order, terminate violations or actions that
prevent achievement of the peaceful assembly goals and work of the interi or bodies and use
coercion measures envisaged by the law of Kyrgyz Republic in case of nonf ulfill ment of the legal
requirements;
7) protect peaceful assembly participants and other people in the assembly area, also their
property, from encroachment ;
8) assist i n provision of medical care and safe evacuation from the peaceful assembly place;
9) provide access for communal and other services to the peaceful assembly area ;
10 ) if necessary, fulfill the procedures of cordoning, escorting peaceful assembly participants,
blo cking or changing routes of traffic , installing road signs ;
11 ) take measures to prevent conflicts between assembly participants with participants of a
counter – or simultaneous assemblies, as well as provoked disruption or other conflicts emerging
from the a ssembly;
2. In case of count er-assemblies , interior bodies identify and ensure a safe distance between
assembly and counter -assembly participants within the area of mutual visibility and
audibility ;
3. In case of simultaneous assemblies, the interior bodies shal l identify and ensure a safe
distance between participants of the assemblies;
Article 7. Restriction of Actions of the Interior Bodies
In view of the restrictions on public authority actions when implementing measures to secure a
peaceful assembly, the interior bodies shall be additionally prohibited to :
1) take part in the peaceful assembly as its participants ;
2) prevent peaceful assembly organizers, their representatives and participants in performing
lawful actions ;
3) take off or hide distinctive signs of an interio r body officer, except for cases established by
the legislation, and refuse to produce the certificate of the interior unit officer to assembly
participants ;
4) prevent assembly participants or other persons from photography or video filming of the
assembly.
Article 8. Action s to Secure Conduct of a Peaceful Assembly
1. Measures to secure conduct of a peaceful assembly, including necessary procedures for
cordoning, escorting the peaceful assembly participants, blocking or changing routes of traffic,
installing road sign s or other actions to ensure road safety, also work of communal and other
services (emergency, fire fighting, rescue, sanitation and other services) shall be performed by
public authorities and local government free of charge.
2. Measures to secure conduct of a peaceful assembly in cases of a notified peaceful assembly,
shall include:
1) сcollection of information about the peaceful assembly purpose, peaceful assembly form or
combination of different forms , peaceful assembly place and date , routes of participants movement ,
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peaceful assembly start and end time, anticipated number of partici pants, use of loud -speaker
equipment or other means during the conduct of the public arrangement;
2) examine the peaceful assembly place for the purposes of providing for security and safety of
peaceful assembly participants as well as other persons who occur in the peaceful assembly area , for
possibilities of access for communal and other services that secure peaceful assemblies , also
possibilities for safe evacuation if necessary ;
3) organizational measures to be taken in order to identify the need for cordonin g, escorting the
peaceful assembly participants, blocking or changing routes of traffic, installing road signs ;
4) assess risk factors , take additional measures to ensure safety of peaceful assembly
participants and other persons, including but not limited to , installation of metal detectors, fences,
the need for changing the time, place and/or route of movement of the peaceful assembly
participants ;
5) identify forces and means necessary to secure a peaceful assembly ;
6) analyze information about other assemblies c onducted at the same time, in the same area ,
compare the obtained information, identify necessary measures (changing the time, place of conduct
and/or route of movement of participants and other) to prevent conflicts that might interfere with the
conduct a nd purpose of peaceful assemblies ;
3. Executive bodies of local self -government and the interior bodies shall document and further
analyze revealed problems , actions of their officers when conducting measures to secure conduct of
peaceful assemblies .
4. Executiv e bodies of local self -government, the interior bodies shall timely inform persons
not participating in the assembly , about measures to block or change routes of traffic, provide other
necessary information, including notification through mass media .
Article 9. Rig hts of Peaceful Assembly Participants and Organizers
When conducting peaceful assemblies, the assembly participants shall have the right to :
1) obtain information about measures taken by public authorities and local self -government to
secure a peaceful asse mbly ;
2) obtain information about officials of public authorities or local self -government who
participate in securing the peaceful assembly, including their location at the moment the information
is requested , their names, family names and patronymics, posit ion, and place of employment ;
3) have unimpeded contacts with representatives of mass media ;
4) use l ou d-speaker equipment during the peaceful assembly, not exceeding the acceptable
levels of acoustic pressure and noise levels established by the legislation of t he Kyrgyz Republic ;
5) use different means of promotion and forms for attracting attention of public authorities,
local self -government, the public, including expression of opinions on some issues, signature
collection campaigns, being peaceful by their chara cter and not pursing unlawful goals ;
6) accept and direct to public authorities and local self -government proposals, applications,
claims and other forms of address ;
7) conduct assemblies in any forms ;
8) photograph and video film the assembly;
9) demand protection fr om the interior bodies in case of encroachment from other persons and
ask police officers for any other assistance in the conduct of the peaceful assembly;
10 ) demand provision of medical assistance or assistance in safe evacuation from the peaceful
assembly p lace;
11 ) demand that the interior bodies would take action in compliance wit h legislation of Kyrgyz
Republic to stop violations or actions of persons that interfere with the purposes of the peaceful
assembly;
12 ) carry out other actions not prohibited or restric ted by laws.
Article 10 . Responsibilities of Assembly Participants and Organizers
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1. During a peaceful assembly , its participants and organizers shall have the responsibility to:
1) comply with requirements of the present Law and ensure peaceful character of the asse mbly ;
2) fulfill lawful demands of the officials from the interior bodies, local self -government and
other state bodies involved in peaceful assembly regulation;
3) observe public order and the procedure for peaceful assemblies established by the organizer;
4) comp ly with legal acts regulating issues of sanitation and hygiene;
5) ensure safety of buildings, facilities, equipment, furniture, tools and another property, also
vegetation at the place of the peaceful assembly;
6) allow for free movement of citizens not partic ipating in the peaceful assembly.
2. In addition to requirements listed in part 1 of the Article , peaceful assembly organizers shall:
1) arrange for compliance of peaceful assembly participants with terms indicated in the
notification, in case the assembly re quires a notification;
2) interact with the interior bodies to ensure compliance of peaceful assembly participants with
public order and the agreed procedure of the assembly;
3) inform peaceful assembly participants about prohibition or restriction of the assem bly.
5. Assembly participants shall be prohibited to:
1) carry arms, specially prepared items that can be used to harm human health and life, also to
harm property;
2) distribute or use alcohol, narcotics, psychotropic or other intoxicating substances.
Article 11 . Peaceful A ssembly Notification
1. Peaceful assembly notification shall be made by organizers in writing , no earlier than 30
days before and no later than 2 working days before conduct of the assembly . The notification may
be made by sending a letter, a telegram, a teletype message, by post, facsimile, electronic mail or
other communication facility or other means or other form .
2. A notification shall include information about: the organizer (name of organization and/or
the individual’s name, family name and patronymic) and contact data (location of the organization
and/or address, telephone number of the individual), information about the place of assembly and
(or) route of movement, assembly date and start/end time, purposes, approximate number of
participants, any loud -speaker equipment or other means used for the peaceful assembly. The
peaceful assembly organizer may include other information, also attach other documents to the
notification.
3. Public authorities and local self -government shall have the right to propose c hange of the
peaceful assembly date, place, also route of movement in case if valid information is available about
conduct of other peaceful assemblies or other circumstances that may affect safety of citizens.
4. Persons notifying about a peaceful assembly s hall have the right to demand , and public
authorities and local self -government shall have the responsibility to provide on the same day, a
written confirmation that the notification has been received.
5. A written receipt confirmation sent by local self -gov ernment or local state administration
shall include information about the name of the body of local self -government or local state
administration, the name, family name and patronymic of an official having received the
notification, date and time of receip t.
Article 12 . Place of Peaceful Assembly
1. Peaceful assemblies may be conducted on the entire territory of the Kyrgyz Republic, except
for places listed in part 2 of this article.
2. For the purpose of participant safety, peaceful assemblies may not be conducted in th e
vicinity ( less than 100 meters) of hazardous and harmful production industries, power plants,
railways, oil pipelines, under high -voltage transmission lines, objects of penal system, state and
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municipal public health organizations, preschool facilities, preschool education facilities, and
general education facilities.
Section 3.
Prohibition, Restrictions and Termination of Assemblies
Article 13 . Measures Taken by Interior Bodies Against Offenders
In case of identifying persons who violate public order, commit or instigate commitment of
unlawful actions that prevent achievement of the peaceful assembly purposes, internal affairs bodies
shall take necessary action against these persons in compliance with the legislation, without
termination of the assembly .
Article 14 . Prohibition or Restriction of Assemblies
1. A decision on restriction of an assembly by time, place or route of movement or assembly
prohibition shall be made by court on grounds stipulated by the present Law.
2. Territorial units of the interior bodies and local self -governm ents of the assembly territory
shall also have the right to ma ke a decision to prohibit or restrict only a specific assembly by time,
place or route of movement on grounds stipulated by the present Law. Legality and justification of
assembly restriction or prohibition decisions made by a local self -government or an interior body
shall be subject to consideration by court that the decision making body sh all notify within 24 hours
after the decision is made.
3. An application for prohibiting or restricting an as sembly shall be considered by court within
24 hours from the time of its submittal.
4. The burden of proof for the grounds to prohibit or restrict an assembly shall be with the
applicant .
5. Any doubts in the grounds to prohibit or restrict an assembly shall b e for the implementation
of the right to peaceful assemblies.
6. A court decision prohibiting or restricting an assembly may be appealed in a higher court
within 24 hours after passing judgment . Appeals against court decisions prohibiting restricting an
asse mbly shall be considered by higher courts within 24 hours after their submittal. Decisions of
higher courts shall enter into force on the date they are made.
7. Court prohibition or restriction decision shall be notified to assembly organizers and
participant s by local self -government and the interior bodies verbally and in writing within 24 hours
after the decision is made.
8. In case a prohibition or restriction decision is made, local self -government and the interior
bodies shall notify the organizers and part icipants verbally and in writing immediately after the
decision is made.
Article 15 . Grounds for Assembly Restriction or Prohibition
1. A decision to restrict an assembly in time, place or route of movement shall be made under
circumstances posing a real threat to t he safety of assembly participants or other citizens in specified
locations. Public authorities and local self -government shall inform assembly organizers and
participants about reasons of the assembly limitation.
2. A decision to prohibit an assembly shall b e made in cases when the assembly purposes are
unlawful, including;
– war propaganda,
– promotion of ethnic, racial or religious hatred, gender -based on another social superiority,
posing instigation to discrimination, hostility or violence ;
– calls for violati on of national security, public order, rights and freedoms of others;
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– conduct of a counter -assembly with the purpose of wrecking another peaceful assembly.
Article 16 . Assembly Restriction and Termination Procedure
1. An assembly on which a prohibition decision is ma de shall be terminated.
2. Actions to limit and terminate an assembly shall be taken jointly by public authorities and
local self -government, with preliminary notification of assembly organizers and participants at the
place of assembly, provision of necessar y time to withdraw from the place of assembly in case of
assembly termination or to change the place, time or route of the assembly in case of assembly
limitation.
3. Armed Forces of the Kyrgyz Republic shall be prohibited to participate in actions for
assemb ly limitation or termination.
Article 17 . Use of Force for Assembly Termination
1. Use of force for assembly termination shall be an extreme measure.
2. It shall be prohibited to use physical force, including special methods of hand -to-hand
fighting, means at hand, spec ial means and arms, if an assembly with il legitimate purposes does not
resort to violence or use of arms.
3. Force shall be used for assembly termination, including cases of mass riots that require
extreme action, in view of the requirements of the present La w and as stipulated by legislation.
4. In case of termination of assembly using force the internal bodies make up a protocol
indicating the reasons for using such actions that shall be immediately submitted to court for
settlement of question on legality and well -foundedness of using force. Non -compliance or
improper execution of the present requirement entails invalidation of termination of assembly using
force.
Article 18 . Liability
1. Persons guilty of violating norms of the present Law shall be held liable as stipul ated by
legislation of the Kyrgyz Republic .
Section 4.
Final Provisions
Article 19 . Enactment of the present Law
1. Th e present Law shall be published in mass media.
2. From the date the present Law comes into force, the following Laws shall be deemed
invalid:
– Law of the Kyrgyz Re public o n the Right of Citizens to Assemble Peacefully, without
Weapons, Freely Conduct Meetings and Demonstrations #120 as of July 23, 2002 (the Vedomosti of
Jogorku Kenesh of Kyrgyz Republic, 2002 , #9, p.408 );
– Law of the Kyrgyz Republic on Introducing Ch anges and Amendments to t he Law of the
Kyrgiz Republic o n the Right of Citizens to Assemble Peacefully, without Weapons, Freely
Conduct Meetings and Demonstrations (the Vedomosti of Jogorku Kenesh of Kyrgyz Republic,
2008, #7, p.656 ).
3. The Government of the Kyrgyz Republic shall within a period of three months draft and
submit for consideration to the Jogorku Kenesh of Kyrgyz Republic draft laws:
1) aimed to bring legislation in compliance with the present Law;
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2) following from provisions of t he present Law.
President of the Kyrgyz Republic A.Atambaev
Enacted by Jogorku Kenesh
of Kyrgyz Republic as of April 12, 2012