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LAW OF THE REPUBLIC OF MOLDOVA

ON ORGANISATION AND CONDUCT OF ASSEMBLIES

as adopted on 21.07.95

Section I

ORGANISATION AND CONDUCT OF ASSEMBLIES

Chapter I

GENERAL PROVISIONS

Article 1. Objectives of this Law

The present law regulates the procedure for exercise of the right of assembly and of a constitutional right to organise and conduct meetings, demonstrations, manifestations, rallies and any other assembly of citizens.

Article 2. Definition of assembly

For the purposes of this Law “assemblies” mean meetings, demonstrations, manifestations, rallies, processions, pickets and strikes held in public places, outside of enterprises, institutions, organisations or places of work, as well as any other assemblies of citizens that are not listed in the Article 3 and not  regulated by any other law.

Article 3. Assemblies not regulated by this Law

(1) This Law does not regulate the procedure for organisation and conduct of meetings held by:

(2) To ensure that these events are held with due respect for the public order the organisers may contract the services of police or other bodies and agencies for public safety.

Article 4. Organisers of the assembly

The following persons are entitled to a right to organise an assembly:

[Paragraph b) amended by the Law N 263-XIV adopted on 24.12.98]

Article 5.  Assemblies may be conducted only after the organisers have notified the local councils.

Article 6. 

(1) Assemblies must be conducted peacefully, without any sort of weapon, while guaranteeing the protection of participants and the environment, without impeding the normal use of public highways, road traffic and the operation of economic undertakings and without degenerating into acts of violence capable of endangering public order and the physical integrity and life of persons or their property.

(2) The involvement of students in unauthorised assemblies by their educators or by other persons from their schools shall be forbidden.

[Paragraph 2 added by Law N 1312-XV adopted on 26.07.2002]

Article 7. Assemblies shall be prohibited when they enclose the following facts or actions:

Article 8

(1) Assemblies can be conducted in squares, streets, parks and in other public places from cities, towns and villages, as well as in public buildings.

(2) It is forbidden to conduct an assembly in the buildings of the public authorities, of the local administration, of the prosecutor’s office, of the courts or of companies with armed security.

(3) It is forbidden to conduct assemblies:

(4) Free access to the premises of the institutions enumerated at paragraph (3) must be guaranteed.

(5) The local public administration authorities may, if the organisers agree, establish places or buildings for permanent assemblies.

Article 9. The time of the assembly is to be established by the organiser and the local council of the city, town or village.

Article 10. Restriction of right to participate in the assembly

Participation in the assembly is prohibited for persons that:

[Article 10 amended by the Law N 822-XV adopted on 07.02.2002]

[Article 10 amended by the Law N 263-XIV adopted on 24.12.98]

[Part 2 of the Article 10 recognised unconstitutional by the Decision of the Constitutional  Court N 168 of  21.02.96]

Chapter II

NOTIFICATION ON THE CONDUCT OF ASSEMBLY.

CONDUCT AND TERMINATION OF ASSEMBLY

Article 11

“(1) Not later than 15 days prior to the date of the assembly, the organiser shall send the municipal council a notice in accordance with the model set out in the annex which forms an integral part of this Law.

(2) The notice shall indicate:

(3) If the situation so requires, the Municipal Council may alter certain aspects of the notification upon agreement of the organiser of the assembly.”

Article 12. Terms and procedure of consideration of the notice

(1) Local executive authorities of the city (municipal area) or village (community) shall consider the notice no later than 5 days before the scheduled date of the assembly.

(2) When considering the notice at an ordinary or extraordinary meeting the municipal council shall discuss the form, timetable, place and other conditions for the conduct of the assembly and shall take the appropriate decision.

(3) The organiser of the assembly has a right to take part in the discussion of the notice. The municipal council shall inform the organiser of the date and time of the meeting to discuss the notice.

(4) If in course of discussion the council identifies circumstances preventing the conduct of the assembly at the specified time, place or in specified manner, any suggestion regarding alternative manner, time or place of assembly shall be made only in presence of assembly organisers and police officials.

(5) If the municipal council failed to consider the notification or considered it outside of the time limit stipulated for in the paragraph 1, then the assembly shall be held on terms and conditions set forth in the notification.

(6) The municipal council can take decision on prohibition of the assembly only after consulting the police and only when there is compelling evidence leading to believe that the conduct of assembly will violate provisions of the Articles 6 and 7 leading to the serious consequences for the society.

Article 13. Decision on the manner, time and place of the assembly

(1) Pursuant to consideration of the notice, the municipal council shall decide and inform the organiser of one of the following decisions: 

(2) The municipal council shall issue to organiser a document of authorisation to conduct an assembly agreeing the manner, time and place of assembly (hereinafter – authorization) or a copy of decision refusing such an authorisation on the day when the decision was taken. Authorisation shall be issued in the standard format approved by the municipal council and shall list the rights and duties of the organiser, their liability for violating the law and shall spell out measures taken by the council and police to implement the provisions of the notice.

Article 14. Decision on refusal of authorisation

(1) Decision to refuse authorisation shall be justified and put in writing. It shall contain the reasons for refusal pertaining to the time, place and manner of conduct of assembly or be based on other grounds as prescribed by this Law.

(2) Organiser shall be informed about the decision on refusal of authorisation no later that 48 hours after the decision has been taken.

[Article 14 amended by the Law N 1312-XV adopted on 26.07.2002]

Article 15. Appeal against the refusal of authorisation

(1) Organiser of the assembly has a right to appeal against the refusal of authorization to a competent administrative court.

(2) The competent administrative court shall review the appeal against the refusal of authorisation within 5 days and shall take one of the following decisions:

[Article 15 amended by the Law N 240-XV adopted on 13.06.03 and in force from 08.07.03]

[Article 16 amended by the Law N 822-XV adopter on 07.02.2002]

[Article 16 recognised unconstitutional in accordance with the Decision of the Constitutional Court N 168  issued on  21.02.96]

Article 17. Presence of officials at the assembly

Official representatives of the municipal council, police and other legal bodies responsible for ensuring compliance of assembly with legal requirements have a right to be present at the assembly. In case of violation of provisions of the Article 6 or Article 7  the organiser of the assembly shall terminate the event upon the request of these official representatives or on the organiser’s own initiative.

Section II

DUTIES AND LIABILITY

Chapter III

DUTIES AND LIABILITY OF THE ORGANISER AND OF THE PARTICIPANTS OF THE ASSEMBLY

Article 18. Duties of the assembly organiser

The organiser of the assembly shall:

[Article 18 amended by the Law N 822-XV adopted on 07.02.2002]

Article 19.  Duties of the participants of the assembly

Assembly participants shall:

[Article 19 amended by the Law N 822-XV adopted on 07.02.2002]

Article 20. Liability of the assembly organiser and participants

(1) Organiser and participants of the assembly acting in violation of this Law are held liable in accordance with the procedure set by the administrative or criminal law.

(2) Deliberate resistance of assembly participants to lawful requests of police officers on duty as well as threatening police officers with violence or taking violent action against them is punishable by law.

(3) When the organiser or participants of the event fail to respond in a timely manner to the order of the municipal council or police officials seeking to terminate the assembly conducted in breach of this Law, the municipal council shall take the case to local court and the Government shall address the Supreme Judicial Chamber, which within 5 days shall take one of the following decisions:

Chapter IV

DUTIES AND LIABILITY OF THE MUNICIPAL COUNCIL AND POLICE OFFICIALS

Article 21. Duties and liability of the municipal council officials

(1) Municipal council officials shall create conditions for organisation and conduct of lawful assemblies, providing for safety of organisers and participants and for protection of rights and freedoms of others, ensuring national and public security, and public order, physical and moral integrity of people.

(2) Officials interfering with organisation of lawful assemblies are held liable in accordance with the existing legislation.

Article 22. Duties of the municipal councils

Municipal councils of cities (municipal territories) and villages (communities) shall:

Article 23. Duties of police officers

(1) For the purposes of safeguarding the legal order and ensuring peaceful conduct of the assembly, police officers on duty shall be guided by the Law on police and by other legislation.

(2) In case if the assembly acquires non-peaceful and uncivilized character police shall take measures to counter or stop actions interfering with public order or posing threat to life and physical integrity of citizens and law-enforcement officers or threatening to destroy or damage public or private property.

(3) Police officers shall fill out a protocol specifying the breach of law during the assembly.

Article 24. Preventive measures

When police officers are in possession of information leading to believe that participants of the assembly carry weapons, items or substances posing a threat to health or life of others, they shall inform the organiser and take decision on necessity of searching the participants of the assembly and their bags at the scene of the event in accordance with the procedure established by law.

Section III

CONCLUDING AND TRANSITIONARY PROVISIONS

Article 25

Until the Supreme Judicial Chamber is formed, in cases stipulated by the Article 20, the Government shall appeal to the Supreme Court.

Article 26

This Law enters into force on the day of its publication.

CHAIRMAN OF PARLIAMENT

Petru Luchinski

Chisinau, 21 June 1995.

N 560-XIII.