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UNOFFICIAL TRANSLATION

Republic of Armenia Law
on Freedom of Assemblies

Adopted on 14.04.2011

Chapter 1. General Provisions
Chapter 2. Public Assemblies Conducted With Notification
Chapter 3.  Assemblies With Up To 100 Participants, Spontaneous Assemblies and Urgent Assemblies
Chapter 4.  The Course of an Assembly
CHAPTER 1.  GENERAL PROVISIONS

Article 1. The purpose of the law and the subject of the regulation
1. The purpose of the law is to provide the right to organize and participate in an assembly respective to freedom of assembly, enshrined by the Article 29 of the Constitution of the Republic of Armenia and international treaties.
2. The law regulates the conditions and the order for exercising the freedom of assembly and its protection.

Article 2. Definition of Assembly
1. For purposes of this Law, an assembly is a temporary peaceful and unarmed presence of two or more individuals in any location for the purpose of formulating or expressing common opinion on issues of public interest.
2. The assembly is public, if any person can participate to it.
3. An assembly is carried out by means of assembling in one place or moving from one place to another (“procession”).
4. The place of the assembly is a state-owned, community-owned or private open-air space (street, sidewalk, square, garden, park, etc.) or building, to which everyone has access with the purpose of conducting the assembly.
5. The building is a hedged by all sides space, usually having a roof.

Article 3. The specifics of non-public assemblies, conducted in buildings
1. The provisions of the Chapter 1 of this Law, as well as the provisions of the Articles 29-34 of this Law, apply to the non-public assemblies, as well as assemblies conducted in the buildings, mutatis mutandis (to the extent of their implementation).
Article 4. Proportionality and other fundamental principles
1. In exercising their authority prescribed by this Law, state government and local self-government bodies and officials shall follow the other fundamental principles of proportionality and administration in line with the Republic of Armenia Law on Fundamentals of Administration and Administrative Proceedings.

Article 5. Grounds for Restricting the Freedom of Assembly
1. The freedom of assembly may be restricted only in case, when in a democratic society the protection of state security or the public order, the prevention of crime, or the protection of public health and morals (hereinafter referred to as public interests) or of the constitutional rights and freedoms of others (hereinafter referred to as constitutional rights of others) are dominant in regard of the freedom of assembly.
2. It shall be prohibited to exercise the freedom of assembly for forcibly overthrowing the constitutional order, inciting ethnic, racial, or religious hatred, or advocating violence or war.

Article 6. The Right to Participate in Assemblies
1. Any person has the right to participate in assemblies (citizens of the Republic of Armenia, foreign citizens and stateless persons).
2. No one has the right to compel a person to participate in any assembly or hinder his/her participation to any assembly.
3. The participant in an assembly is considered the person, who at the time of the assembly is present at the assembly location for the purpose of participation in the assembly.
4. The persons, who at the time of the assembly are present in the assembly with the purpose of exercising their authorities or work responsibilities, or are implementing their creative activities or other activities, envisaged by the law or a contract, as well as representatives of mass media, who are present for the purpose of covering the assembly, are not considered the participants in the assembly.

Article 7.  The Assembly Organizer
1. Everyone who has the right to participate in an assembly, as well as any legal entity, may be the assembly organizer.
2. The assembly organizer is the assembly leader.  If an assembly is organized by a legal entity, then the president of such entity shall be the assembly leader.  The organizer may assign leadership of the assembly to another person.
3. If the duties of the assembly leader are de facto performed by another person, then the latter shall bear the rights and responsibilities stipulated by this law for the assembly leader.
Article 8. Restrictions to participate and organize assemblies
1. The members and judges of the Constitutional Court, as well as the persons serving in the Armed Forces, Police, National Security, Public Prosecution, should observe political neutrality and restraint while participating to the assemblies.
2. The persons mentioned in the Paragraph 1 of this Article do not reserve the right to organize such assemblies, which might compromise their political neutrality.
3. The persons serving in the Armed Forces, Police, National Security and Public Prosecution do not reserve the right to participate in the assembly in service uniform.
4. Persons under 14 can organize assemblies only upon the written agreement of their legal representatives.

CHAPTER 2
PUBLIC ASSEMBLIES CONDUCTED WITH NOTIFICATION
Article 9. Notification of Conducting an Assembly
1. To conduct a public assembly (hereinafter, assembly), the organizer shall give written notification to the authorized body, with the exception of assemblies with up to 100 participants, urgent and spontaneous assemblies.

Article 10. Purpose of Notification
1. The purpose of notification is to ensure that the state can take the measures necessary for securing the natural and peaceful course of the assembly, as well as take necessary measures for protecting the constitutional rights of other persons and the interests of the public.

Article 11. The Authorized Body
1. The community head is the body considering the notification and making decision (hereinafter, “the Authorized Body”). Upon the decision of the Authorized Body the consideration and making decision on the notification can be done by its authorized person.

Article 12. Deadline of Presenting the Notification
1. The notification may be presented no later than 7 and no earlier than 30 days prior to the assembly.

Article 13. Form of Presenting the Notification

1. The notification may be presented in written form, by person or by mail.
 
Article 14. Requirements concerning the Notification
1. The following shall be specified in the notification:
1) The assembly venue;
2) The approximate time of the assembly start and end;
3) The assembly purpose;
4) The anticipated number of participants;
5) The objects or technical means to be used for conducting the assembly (posters, torches, loudspeakers, etc);
6) The contemplated number of stewards;
7) In case of a procession, the procession route and the timing; and
8) The passport or other personal identification document data (attaching  the copies of the documents), telephone numbers, mailing address, and e-mail address of the organizers or, if the organizer and the assembly leader are different persons, then also the passport or other personal identification document data, mailing address, and if available, the telephone numbers and e-mail address of the assembly leader.
2. In case an assembly is organized by a legal entity, the decision of the leading  body or the competent body  of the legal entity thereon shall be presented with the notification.
3. If the place of the assembly is a public or community-owned open air space, which is rented or is a private property open air space or a building, then together with notification they also submit the written consent of the renter or the owner about conducting the assembly. The written consent of the renter or the owner about conducting the assembly is not required, if any person has a right of free access to that space.
4. Persons under 14 can organize assemblies only upon the written agreement of their legal representatives.
5. The organizer shall be obliged to give immediate notice to the Authorized Body of any changes to the data specified in Paragraph 1 of this Article no later, than 24 hours prior to the start of the assembly.  Such changes may not alter the essence of an acknowledged assembly.
6. If the organizer wishes to change any data, specified in sub-paragraphs 1-4 and 7 of Paragraph 1 of this Article, based on which the essence of Assembly shall change, then he shall be obliged to present a new notification. 
7. If the notification contains formal errors that can be corrected, then the Authorized Body shall point them out and allow correcting them; alternatively, the Authorized Body itself shall correct such mistakes with prior or post notice thereof to the organizer.  If the data specified in the notification is not complete, then the Authorized Body shall recommend to the organizer to complete them in a set time.

Article 15. Logging of Notifications
1. Notifications presented to the Authorized Body shall be logged in a special register maintained for such purposes in the order in which notifications are received, and copies of such notifications shall be posted in the administrative building of the Authorized Body in a place accessible and visible for all. If the Authorized Body has a webpage, then those shall be posted in this webpage.

Article 16. Procedure of Considering the Notification
1. The Authorized Body shall consider the notification s upon its submission sequence.  If the notification has been submitted from 30 to 14 days prior to assembly, the Authorized Body shall consider it within 5 days from its submission, and if the notification has been submitted from 13 to 7 days prior to the assembly, the Authorized Body shall consider it within 48 hours from its submission: If the consideration time runs out on nonworking day, the consideration shall be prolonged till the end of the next working day.
2. The Authorized Body shall upon submission of the notification, immediately sends it to the Police for receiving the opinion on conducting the assembly.
3. If the assembly is contemplated to conduct at the venues of immovable historical monuments or in their immediate vicinity, then after submission of the notification the consideration shall be also immediately sent to the Ministry of Culture for receiving the opinion on conducting the assembly.
Article 17. Hearings
1. The Authorized Body shall conduct hearings, if any of the following conditions is present:
1) the Authorized Body intends to propose conditions for conducting the assembly or apply certain limitations on the assembly or prohibit the assembly.
2) the Police presented an opinion on imposing certain limitations on the assembly or prohibiting the assembly;
3) the Ministry of Culture, regarding conduct of  the assembly at the sites of immovable historical monuments or in their immediate vicinity, presented an opinion on imposing certain limitations on the assembly or prohibiting the assembly;
2. The Authorized Body shall notify the organizers of the time and place of conducting the hearings in accordance with the procedure stipulated by Paragraphs 1 and 3 of Article 22 of this Law.
3. The Authorized Body may invite representatives of the Police, the Ministry of Culture, as well as other persons to participate in the hearing.
4. The procedure of hearings shall be prescribed by the Authorized Body.  The organizer shall be provided an effective opportunity to present his opinion.

Article 18. Proposing Conditions or Limitations on Conducting the Assembly
1. If it becomes clear from the notification presented to the Authorized Body or from other information available to the latter that the time, venue, or method of the contemplated assembly may directly lead to a disproportionate restriction of the constitutional rights of other persons or of the public interests, then the Authorized Body may propose to the organizer conditions concerning the time, place, or method of conducting the assembly.
2. In case the agreement on the conditions between the Authorized Body and the Organizer is reached, they shall be recorded and attached to the case file.  In case agreement on the conditions is not reached, the Authorized Body shall decide to impose limitations on the assembly time, place, or method.
3. The limitations imposed on conducting the assembly may not distort the assembly purpose or isolate the assembly participants in space, as well as by means of changing the time of conducting the assembly in a way that significantly reduces its significance and potential impact on the public audience targeted by the organizers, or in any other way result in de-facto prohibition of the assembly.
4. In case of proposing another place for conducting the assembly, in particular, one shall ensure the opportunity of participation of the number of people mentioned in the notification; places outside the community territory selected by the organizers shall not be proposed and the proposed place shall be maximum close to the place mentioned in the notification (in case of procession - the route for the procession).
5. Conducting another assembly, including a counter-assembly, at the time and place specified in an assembly notification is per se not a ground for imposing limitations on the assembly, unless there is an imminent danger of clash between their participants.  Otherwise, the provisions of the paragraphs 1 and 2 of this Article shall be applied to the assembly notified later.

Article 19. Prohibition of Conducting Assemblies
1. The assembly is prohibited, if:
1) the assembly purpose is to forcibly overthrow the constitutional order, to incite ethnic, racial, or religious hatred, or to advocate violence or war;
2) the individual person does not have the right to organize an assembly by virtue of  this Law;
3) the assembly will be conducted at such a distance from the residence of the President of the Republic, the seats  of the National Assembly, the Government, the courts or correctional facilities, which threatens their natural activities;
4) the assembly is conducted at such a distance from the “Nuclear Power Station of Armenia” CJSC, from the underground storage facility of natural gas and its support structures, or from the “Orbita 2” ground satellite station, which threatens their security.
2. The security services, providing protection of the respective authorities or objects, can submit their opinion on each case, concerning the threats, to the Authorized Body, stipulated in subparagraphs 3 and 4 of the Paragraph 1.
3. The Authorized Body shall prohibit the assembly, if the grounds, stipulated in subparagraphs 1 or 2 of the paragraph 1 of this article, are present.
4. The Authorized Body shall prohibit the assembly, if the grounds, stipulated in subparagraphs 1 or 2 of the paragraph 1 of this article, are present, the Authorized Body shall prohibit the assembly, if the imminent threat to the constitutional rights of other persons or to the interests of the public cannot be prevented by means of the limitations stipulated by Paragraph 2 of Article 18 of this Law.
5. The propaganda of participated to the prohibited assembly if prohibited.

Article 20. Acts of the Authorized Body Concerning the Notification

1. If the grounds, envisaged by the Paragraph 2 of Article 18 hereof  are present, the Authorized Body shall make a decision on conducting the assembly subject to the limitations set by the Authorized Body.
2. If the grounds, envisaged by the Paragraph 2 and 3 of the Article 19 hereof are present, the Authorized Body shall make a decision on prohibiting the assembly.
3. If the Authorized Body does not make either of the decisions stipulated by Paragraphs 1 or 2 of this Article during the time period stipulated by Paragraph 1 of Article 16 of this Law, then it is considered that the notification is acknowledged.

Article 21. Informing about Acknowledging the Notification

1. The Authorized Body shall immediately inform the organizers and the Police about acknowledging the notification, and shall post a note thereon in the administrative building of the Authorized Body in a place accessible and visible for all. If the Authorized Body has a webpage, then that information shall be also posted in this webpage.
2. In case of the assembly, organized by the Authorized Body, the Authorized Body shall post the information on the assembly in its webpage, as well as post a note thereon in the administrative building of the Authorized Body in a place accessible and visible for all not later, than 7 days prior to the assembly;

Article 22. Coming into Effect of Decisions of the Authorized Body

1. The Authorized Body shall immediately inform the organizers and the Police about making the decisions mentioned in the Article 20 of this Law, and shall post such decisions in the administrative building of the Authorized Body in a place accessible and visible for all.  Moreover, the decisions of the Authorized Body shall remain posted at the appropriate place until the day following the assembly.  The decision of the Authorized Body shall come into effect after the moment of posting it in the building of the Administrative Body. If the Authorized Body has a webpage, then its decisions shall be also posted in that webpage.
2. The Authorized Body shall immediately deliver the decision to the organizers by registered mail, with confirmation of the receipt, or by means of delivery to the organizer in person.
3. In case of having the organizer’s telephone, fax numbers or e-mail, the Authorized Body shall immediately inform the organizer of its decision made by at least one of such means of communication.

Article 23. Appealing in the court the Act of the Authorized Body concerning the Notification
1. The organizer may submit a claim against the decisions of the Authorized Body in court in accordance with the order, defined by the Administrative Court Proceedings Code of the Republic of Armenia.
CHAPTER 3
ASSEMBLIES WITH UP TO 100 PARTICIPANTS, SPONTANEOUS ASSEMBLIES AND URGENT ASSEMBLIES (ASSEMBLIES WITHOUT NOTIFICATION)

Article 24. Right to Assemblies with up to 100 Participants
1. If the organizer is of the opinion, that no more than 100 participants will take part in the assembly, then the organizer shall not be obliged to present notification in advance.
Article 25. Procedure of Conducting Assemblies with up to 100 Participants
1. Assemblies with up to 100 Participants shall be subject to the provisions enshrined in Chapter 4 of this Law.

Article 26. Spontaneous and Urgent Assemblies
1. A spontaneous assembly is the one that is conducted with the aim of reacting to an event immediately (from hereon “spontaneous assembly”).
2. Urgent is the assembly, which is organized and conducted with the purpose to urgently respond to an event, and this purpose cannot be attained under condition of following the time limit for presenting a notification (an urgent assembly).

Article 27. Procedure of Conducting a Spontaneous and Urgent Assembly
1. If a spontaneous assembly has a de-facto organizer, then the latter shall be obliged to immediately inform the Police about it.
2. The organizer of an urgent assembly shall immediately inform the Authorized Body and the Police on it prior to taking the steps for conducting the assembly.
3. Spontaneous and urgent assemblies may not last longer than six hours.

CHAPTER 4.
THE COURSE OF AN ASSEMBLY

Article 28. The Assembly Start and End
1. Before the assembly starts, the assembly leader shall communicate his name and surname, or, if the assembly is organized by a legal entity, then also the full name of the legal entity, the assembly purpose, and the approximate duration of the assembly.  If the assembly involves a procession, then the procession route and timetable shall be publicized.

Article 29. The Course of an Assembly, Conducted at Certain
1. Assemblies, conducted in areas adjacent to residential buildings, hospitals, boarding schools and buildings, and other buildings for night lodging, between 10 pm and 8 am shall not be accompanied with noise or light signals , that may disturb the rest of people.

Article 30. Responsibilities of Assembly Participants
1. An assembly participant shall be obliged:
1) Not to carry during the assembly weapons or objects used as weapons;
2) To carry out the instructions of the assembly leader and stewards on maintaining rule and order;  
3) To refrain from actions aimed at inhibiting the natural course of the assembly;
4) To leave the assembly venue immediately in case of being removed from the assembly;
5) To leave the assembly venue immediately in case of the assembly being terminated; and
6) Not to obstruct the free access to buildings, structures, and other premises located at the assembly venue or adjacent to it.

Article 31. The Rights and Responsibilities of the Assembly Leader
1. The assembly leader:
1) Shall determine the course of the assembly, in particular give the floor to speakers and determine the sequence of their speeches;
2) Shall be obliged to be present at the assembly and to be accessible for the Police representative;
3) Shall be obliged to take the necessary measures during the assembly for ensuring the natural course of the assembly, namely by means of preventing violent actions by the assembly participants, to refrain from violence, and to separate from participants ready to use force;
4) Shall have the right to request the Police officers to forcibly remove from the assembly venue the persons, who rudely violate the peaceful and natural course of the assembly;
5) Shall be obliged to inform the assembly participants immediately of the requirements of the Police officers on ensuring the peaceful and natural course of the assembly.
2. The assembly leader has the right to use the help of the necessary number of stewards.  Stewards shall carry white signs.  Other signs shall not be permitted.
Article 32. Responsibilities of the Police During Assemblies
1. The Police:
1) Shall be obliged, immediately upon receiving information on an assembly, designate its representative and inform the organizer and the Authorized Body thereof;
2) Shall be obliged to ensure the presence of its representative at the assembly;
3) Shall be obliged to remove from the assembly venue persons that rudely violate the natural  and peaceful course of the assembly, if it is not possible to maintain it otherwise;
4) Shall be obliged to ensure free access to buildings, structures, and other premises located at the assembly venue or adjacent to it.
2. If the assembly is conducted in violation of the notification requirements enshrined in Chapter 2 of this Law, then the Police shall be obliged to inform by a loudspeaker that the assembly is unlawful and that the participants may be held liable.  If the assembly is peaceful, then the Police shall be obliged to facilitate the assembly.

Article 33. Terminating the Assembly
1. The Police may terminate an assembly only if there is no other possibility of preventing disproportionate restrictions of the constitutional rights of other persons or of the public interest.
2. The Police shall address the demand to terminate the assembly to the assembly leader, who shall be obliged to inform the assembly participants thereof immediately.
3. In the absence of the assembly leader or the failure of the latter to fulfill the demand of the Police, the representative of the Police shall at least twice demand by loudspeaker that the participants terminate the assembly, setting a reasonable time period for doing so.  At the same time, the Police representative shall warn the assembly participants of his power, in case of failure to terminate the assembly voluntarily during the set time period, to disperse the assembly, including the use of special means defined in the Republic of Armenia Law “On Police”.
4. The procedure of assembly termination stipulated by Paragraphs 2 and 3 of this Article shall not apply to the cases, in which mass disorder has started at the assembly venue, which necessitates the implementation of urgent measures to address the situation.

Article 34. Dispersal of Assemblies
1. In case of the failure to terminate the assembly voluntarily during the time period stipulated by Paragraph 3 of Article 33 of this Law, the Police shall disperse the assembly.

Chapter 5. Final and Transitional Provisions
1. This Law comes into force after the 10th day from its official publication.
2. After coming into force of this Law, make void the Republic of Armenia Law AL-63-P “On Conducting Meetings, Assemblies, Processions and Demonstrations” of April 28, 2004.

The President of the Republic of Armenia
S. Sargsyan
AL-72