The draft federal law on amendments to the Administrative Code of the Russian Federation and the Federal Law On Assemblies, Protests, Marches and Rallies has been developed by the Ministry of Justice pursuant to Resolution No 4-P of the Constitutional Court of the Russian Federation dated February 14, 2013.

The resolution invalidates Section 1 Article 2 Paragraph G of the Federal Law on Amendments to the Administrative Code of the Russian Federation and the Federal Law On Assemblies, Protests, Marches and Rallies as contradicting the Constitution, namely its articles 31, 35 (Part 1) and 55 (Part 3), describing civil liability for the organisers of a public event for failing to fulfil their obligations under Article 5 Part 4 of the Federal Law On Assemblies, Protests, Marches and Rallies, for the harm caused to the participants of a public event, regardless of their diligence to preserve public order and the absence of fault for such harm.

Additionally, the interrelated paragraphs 3, 6, 7, 8, 9, 10 of Article 1 as well as the interrelated paragraphs 4, 7, 8, 9, 10 of Article 1 and Sub-Paragraph A of Paragraph 1 of Article 2 of the law have been found as contradictory to the Constitution.

Considering the legal opinion of the Constitutional Court, the bill proposes to append Article 4.1. of the Code of Administrative Offences with Part 3.2 that grants courts hearing administrative cases under articles 5.38, 20.2, 20.22, 20.18 and Part 4 of Article 20.25 of the Code of Administrative Offences with the right to impose a penalty on violators that is lower than the lowest limit set by the sanctions in the special part of the Code of Administrative Offences.

Compulsory community service has been excluded from the sanctions under articles 20.2 (parts 1-3, 5) and 20.18 of the Code of Administrative Offences due to the absence of administrative violations that involve personal injury and/or damage to the property of individuals and/or companies.

The bill also proposes reviewing Part 6 of Article 5 of Federal Law No 54-FZ that allows for imposing civil liability on the organisers of a public event for harm or damage caused to participants of the public event only if they fail to fulfil the obligations to observe public order of public event requirements if the failure resulted in public disorder leading to personal injury and/or damage to the property of individuals and/or companies.

The amendments will provide for observing the constitutional requirements of the clear, explicit and unambiguous legal regulation of this kind of social relations.

The draft law was discussed and approved at a Government meeting on August 1, 2013.