10
KABLIS v. RUSSIA JUDGMENT
regional law. The organiser must ensure the safety of participants and must
therefore make enquiries about any other events planned at the same
location at the same time to make sure that the maximum capacity of the
location will not be exceeded. The fact that the organiser informed the
public authority about the intended public event will be taken into account if
he or she is held liable for failure to ensure public order and safety. The
public authority may propose a change of location or time of a public event
to be held at a specially designated location and not requiring notification
only if another public event has been scheduled to take place at the same
location and time and (i) the number of participants of the two simultaneous
events will exceed the maximum capacity of the location; or (ii) it will not
be possible to ensure the peaceful character of the simultaneous events by
applying security arrangements habitually used at public events with a
comparable number of participants, that is to say, it will be necessary to
apply exceptional security measures (point 15). On the other hand, a cultural
event, a fair or some other mass event not falling under the Public Events
Act, scheduled to take place at the same specially designated location at the
same time, may not in itself serve as lawful grounds for proposing to change
the location or time of a public event. It may serve as lawful grounds for
proposing to change the location or time of a public event only if
information about that mass event was duly published and it will not be
possible to ensure safety at the two events if they are held simultaneously
(point 16).
33. Lastly, Ruling no. 28 provides that if a court allowed the
administrative complaint before the planned date of the public event, it may
require the public authority not to impede the public event at the location
and time chosen by the organisers. If the public authority has submitted
evidence showing that new grounds objectively preventing holding the
public event at the chosen location or time arose after the contested
decision, the court may require that the public authority re-examine the
issue of the event’s location, time or the manner in which it is to be
conducted within a certain time-limit (point 20).
B. Komi Republic legislation on public events
34. Section 5 of Komi Republic Law no. 91-RZ of 29 November 2012
on the Holding of Public Events in the Komi Republic provides:
“With the aim of protecting human and citizens’ rights and freedoms, legality,
public order and public safety, taking into account that the holding of public events
may result in disruption to the functioning of public utilities, transport, social or
communications services, obstruction of pedestrians or traffic or of citizens’ access to
residential buildings or transport and social services, it is prohibited in the Komi
Republic to hold public events at the following locations, in addition to the locations
where the holding of public events is prohibited pursuant to section 8 paragraph 2 of
the Federal [Public Events] Act: