To write or not to write. Letters to authorities during events
Everyone who holds events or is only going to conduct them works in the legal field of legislation. In our case, the legislation of Russia. And it often has contentious points. One of them is to write or not to write letters of notification to the authorities in preparation for the event. Many ignore this question. Next, a little analysis, so write or not write?
Conducting events on the territory of the Russian Federation is regulated by a number of laws and acts of local authorities.
Obviously, events of a political orientation and mass-cultural, which are directly subject to the action of Federal Law of June 19, 2004 No. 54- “On Meetings, Rallies, Demonstrations, Processions and Pickets,” the provisions of which do not require discussion, but simply require enforcement of articles of the law, despite some controversial points.
The question arises with small events that are not at all political and not mass cultural at first glance. For example a hackathon, a conference, a technical competition, a competition. Since they clearly do not fall under the definition of pickets, marches and rallies.
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There are no direct instructions in this federal law. However, in fact on the ground, this process is regulated by local authorities. And the larger the settlement, the more tightly it is controlled. Therefore, in preparing for any event, whether it be a conference or a hackathon, it is necessary to carefully read local laws in order to avoid misunderstandings and unpleasant consequences.
One of the examples of documents of local authorities on the regulation of events is the Decree of the Moscow Mayor No. 1054-RM dated October 5, 2000 “On approval of the Temporary Regulation on the organization and conduct of mass cultural, educational, theater, entertainment, sports and advertising events in Moscow . "
Continuing and supplementing the federal law, the Moscow decree already captures in its wording practically all the events that are held on the territory of the city: “determines the organization and conduct of mass cultural, educational, theatrical and spectacular, sports and advertising events held in stationary or temporary sports and cultural and entertainment facilities, as well as in parks, gardens, squares, on boulevards, streets, squares and ponds. ”
You can argue and debate for a long time about whether your hackathon, conference, competition falls into or does not fall under the concept of a mass event. In the periodical of the legal journal “Gaps in Russian Legislation”, Issue No. 3 - 2016 , direct attention is drawn to the lack of regulation of the distinction between the concepts of “mass event” and “public event”.
Another touch to understanding the terms is in the Rosstat Order of 08.10.2015 N 464 (as amended on 10/14/2015) “On the approval of statistical tools for the organization by the Ministry of Culture of the Russian Federation of federal statistical monitoring of the activities of cultural institutions” in Part 3, where the term “Cultural events” fall and are understood as cultural and leisure events (evening parties, celebrations, film and thematic evenings, graduation, dance / discos, balls, holidays, game programs, etc.), as well as info radiation educational events (literary and musical, video guest rooms, meetings with cultural, science, literature, forums, conferences, symposia, conventions, round tables, seminars, master classes, expeditions, lecture events, presentations).
Returning to the Order of the Mayor of Moscow No. 1054-RM, from the point of view of organization and small and large events, we must remember that:
Given all of the above, my opinion about writing or not writing letters is unambiguous.
Regardless of the number of participants in your event who will come to your event from outside, letters should always be written. Regardless of the region and venue. Even if you have 50 people at the event. No organizer can thoroughly know the situation in the area of ​​the event, be it in the building or on the street. In most cases, letters do not require a lot of time for preparation, are of a notification nature and are left at the mercy of local authorities to take additional security measures. The absence of such letters under a certain set of circumstances can be interpreted as the arbitrariness of the organizer with all the ensuing liability.
Standard for full compliance with everything and everything and even that which seems to be like no, I write three letters:
In the letter, as stated in the law and at the disposal, it is necessary to mention:
Here are examples of letters in Word file format (maybe someone will come in handy):
To understand that the process is not very energy intensive, the text in all letters is the same. Only the recipient changes. In most cases, it costs to send scanned copies.
As experience shows, the administration and air traffic control work out quickly and efficiently. But in RONPR it is necessary to call and make sure that they received and saw the document.
As a conclusion and a small conclusion: the preparation and sending of notification letters to the authorities on the event is not a very laborious process, which prevents many risks both at the event and in the area of ​​responsibility of the organizer before the law.
The laws and regulations listed above are not the only ones. Depending on the event, different ones can be added to them. Here is a short list:
Conducting events on the territory of the Russian Federation is regulated by a number of laws and acts of local authorities.
Obviously, events of a political orientation and mass-cultural, which are directly subject to the action of Federal Law of June 19, 2004 No. 54- “On Meetings, Rallies, Demonstrations, Processions and Pickets,” the provisions of which do not require discussion, but simply require enforcement of articles of the law, despite some controversial points.
The question arises with small events that are not at all political and not mass cultural at first glance. For example a hackathon, a conference, a technical competition, a competition. Since they clearly do not fall under the definition of pickets, marches and rallies.
')
There are no direct instructions in this federal law. However, in fact on the ground, this process is regulated by local authorities. And the larger the settlement, the more tightly it is controlled. Therefore, in preparing for any event, whether it be a conference or a hackathon, it is necessary to carefully read local laws in order to avoid misunderstandings and unpleasant consequences.
One of the examples of documents of local authorities on the regulation of events is the Decree of the Moscow Mayor No. 1054-RM dated October 5, 2000 “On approval of the Temporary Regulation on the organization and conduct of mass cultural, educational, theater, entertainment, sports and advertising events in Moscow . "
Continuing and supplementing the federal law, the Moscow decree already captures in its wording practically all the events that are held on the territory of the city: “determines the organization and conduct of mass cultural, educational, theatrical and spectacular, sports and advertising events held in stationary or temporary sports and cultural and entertainment facilities, as well as in parks, gardens, squares, on boulevards, streets, squares and ponds. ”
You can argue and debate for a long time about whether your hackathon, conference, competition falls into or does not fall under the concept of a mass event. In the periodical of the legal journal “Gaps in Russian Legislation”, Issue No. 3 - 2016 , direct attention is drawn to the lack of regulation of the distinction between the concepts of “mass event” and “public event”.
Another touch to understanding the terms is in the Rosstat Order of 08.10.2015 N 464 (as amended on 10/14/2015) “On the approval of statistical tools for the organization by the Ministry of Culture of the Russian Federation of federal statistical monitoring of the activities of cultural institutions” in Part 3, where the term “Cultural events” fall and are understood as cultural and leisure events (evening parties, celebrations, film and thematic evenings, graduation, dance / discos, balls, holidays, game programs, etc.), as well as info radiation educational events (literary and musical, video guest rooms, meetings with cultural, science, literature, forums, conferences, symposia, conventions, round tables, seminars, master classes, expeditions, lecture events, presentations).
Returning to the Order of the Mayor of Moscow No. 1054-RM, from the point of view of organization and small and large events, we must remember that:
- The organizer is obliged to notify the city administration and relevant territorial internal affairs bodies no later than one month before the date of the event. In other regions, a period of 10 -15 days is more common, as specified in federal law.
- Organizers are required to obtain consent from the city’s executive authorities.
- Events are divided by the number of participants over 5,000 people and up to 5,000 people without limiting the lower bar of the number of participants. This division affects which particular local authorities need to be notified.
As a comment to this paragraph, one can consider an explanation of certain provisions of the requirements for anti-terrorism protection of places of mass stay of people approved by the Government of the Russian Federation dated March 25, 2015 No. 272 ​​(hereinafter - the Requirements) where the main criteria are determined for determining the list of places of mass stay of people ), which are contained in paragraph 6 of Article 3 of the Federal Law of March 6, 2006, 35-F3 “On Countering Terrorism,” according to which the MLF refers to the territory of the general sex mations settlement or city district or designated areas outside, or public space in a building, structure, building on that object, which under certain conditions can hold more than 50 chelovek.Obratite note that there are already 50 people. - Mass events, the conduct of which is associated with the receipt of profit by the organizers, are provided by police units, emergency medical, fire and other necessary assistance.
If this item is approached more realistically, then in fact the organizer on a contractual basis provides ambulance, fire protection and simply guarding the event at his own expense, regardless of whether the event is commercial or not (I remind you that this is not about politically targeted events) .
Given all of the above, my opinion about writing or not writing letters is unambiguous.
Regardless of the number of participants in your event who will come to your event from outside, letters should always be written. Regardless of the region and venue. Even if you have 50 people at the event. No organizer can thoroughly know the situation in the area of ​​the event, be it in the building or on the street. In most cases, letters do not require a lot of time for preparation, are of a notification nature and are left at the mercy of local authorities to take additional security measures. The absence of such letters under a certain set of circumstances can be interpreted as the arbitrariness of the organizer with all the ensuing liability.
Standard for full compliance with everything and everything and even that which seems to be like no, I write three letters:
- A letter to the local administration. (city, district, etc.)
- Letter to the local Department of Internal Affairs
- A letter to the local RNPR (Regional Department of Supervisory Activities and Preventive Work), in other words, the fire department of the Ministry of Emergencies. (Note: Never in conversations during coordination do not call firefighters the word “fireman”, otherwise coordination can become an endless process).
In the letter, as stated in the law and at the disposal, it is necessary to mention:
- Event title.
- If possible, a program indicating the place, time.
- Conditions of organizational, financial and other support for its implementation (i.e. how medical support, security, support by services of the Ministry of Emergencies is provided).
- Estimated number of participants.
- Contact information for event organizers.
- Well, maybe requests from the organizers or some comments and background information on the significance of the event.
Here are examples of letters in Word file format (maybe someone will come in handy):
- A letter to the local administration.
- Letter to the local Department of the Interior
- Letter to the local RNPR
To understand that the process is not very energy intensive, the text in all letters is the same. Only the recipient changes. In most cases, it costs to send scanned copies.
As experience shows, the administration and air traffic control work out quickly and efficiently. But in RONPR it is necessary to call and make sure that they received and saw the document.
As a conclusion and a small conclusion: the preparation and sending of notification letters to the authorities on the event is not a very laborious process, which prevents many risks both at the event and in the area of ​​responsibility of the organizer before the law.
The laws and regulations listed above are not the only ones. Depending on the event, different ones can be added to them. Here is a short list:
- Moscow Mayor’s Decree No. 1054-PM of October 5, 2000, “ On the Approval of the Temporary Regulation on the Procedure for Organizing and Holding Mass Cultural, Educational, Theater, Spectacular, Sports and Promotional Events in Moscow ”.
- Decree of the Government of Moscow of September 30, 2008 No. 869-PP “On measures for the organization and conduct of festive artillery fireworks and firework displays in the city of Moscow”.
- Federal Law No. 38-FZ of March 13, 2006 on Advertising
- The Code of the Russian Federation on Administrative Violations No. 195- dated December 30, 2001 (Administrative Code of the Russian Federation).
- The Criminal Code of the Russian Federation No. 63-FZ of June 13, 1996 (Criminal Code of the Russian Federation).
- Decree of the Government of the Russian Federation of March 25, 2015 No. 272. Requirements for anti-terrorism protection of places of mass stay of people.
- Federal Law of June 19, 2004 No. 54-FZ “ On Meetings, Rallies, Demonstrations, Processions and Pickets ”
Source: https://habr.com/ru/post/461047/
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