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To write or not to write. Letters to authorities during events

All those who hold events or are just going to hold them work in the legal field of the law. In our case, Russian legislation. And there are often controversial points in it. One of them is to write or not to write notification letters to the authorities in preparation for the event. Many people ignore this issue. Next, a little analysis, so to write or not to write?

Holding events on the territory of the Russian Federation is regulated by a number of laws and acts of local authorities.

It is obvious that political and mass-cultural events that directly fall under the Federal Law of June 19, 2004 No. 54-FZ "On meetings, rallies, demonstrations, marches and pickets", the provisions of which do not require discussion, but simply require the execution of the 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, conference, technical competition, competition. Since they clearly do not fall under the definition of pickets, marches and rallies.

There is no direct guidance in this regard in 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, when preparing any event, be it a conference or a hackathon, it is necessary to read local laws very carefully in order to avoid misunderstandings and unpleasant consequences.

One example of local government documents regulating events is Decree of the Mayor of Moscow No. 1054-RM dated October 5, 2000 "On approval of the Provisional Regulations on the procedure for organizing and holding mass cultural, educational, theatrical, entertainment, sports and promotional events in Moscow".

Continuing and supplementing the federal law, the Moscow Decree already captures in its wording almost all events that are held on the territory of the city: “determines the procedure for organizing and holding mass cultural, educational, theatrical, entertainment, sports and promotional events held in stationary or temporary sports and cultural and entertainment facilities, as well as in parks, gardens, squares, boulevards, streets, squares and reservoirs.”

You can argue and discuss for a long time about whether your hackathon, conference, competition, or does not fall under the concept of a mass event. In a legal journal periodical “Gaps in Russian Legislation”, Issue No. 3 – 2016, attention is directly drawn to the lack of regulation of the distinction between the concepts of “mass event” and “public event”.

Another touch to the understanding of the terms is in the Order of Rosstat dated 08.10.2015/464/14.10.2015 N 3 (as amended on XNUMX/XNUMX/XNUMX) "On 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 XNUMX, where under the concept “Cultural events” includes and refers to cultural and leisure events (relaxation evenings, celebrations, film and theme evenings, graduations, dance / discos, balls, holidays, game programs, etc.), as well as information and educational events (literary - musical, video lounges, meetings with figures of culture, science, literature, forums, conferences, symposiums, congresses, round tables, seminars, master classes, expeditions, lecture events, presentations).

Returning to the Order of the Mayor of Moscow No. 1054-RM, in terms of organizing both small and large events, we must remember that:

  • The organizer is obliged to notify the city administration and the 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 executive authorities of the city.
  • Events are divided according to the number of participants over 5000 people and up to 5000 people without limiting the lower bar for the number of participants. This division affects which specific local authorities must be notified.

    As a commentary on this paragraph, one can consider an explanation of certain provisions of the requirements for anti-terrorist protection of places of mass stay of people, approved by Decree of the Government of the Russian Federation dated March 25, 2015 No. 272 ​​(hereinafter referred to as the Requirements), which defines the main criteria for determining the list of places of mass stay of people (MMPL ), which are contained in paragraph 6 of Article 3 of the Federal Law of March 6, 2006 35-F3 "On Combating Terrorism", according to which MMPL means the territory of common use of a settlement or urban district, or a specially designated area outside them, or a common place use in a building, structure, structure, or other facility, where, under certain conditions, more than 50 people can be present at the same time. Please note that there are already 50 people here.

  • Mass events, the holding of which is associated with the receipt of profit by the organizers, are provided with police units, emergency medical, fire fighting and other necessary assistance.

    If we approach this point more realistically, then in fact the organizer, on a contractual basis, provides ambulance, fire protection and just security of the event at its own expense, regardless of whether the event is commercial or not (I remind you that we are not talking about politically oriented events here) .

Given all of the above, my opinion about writing or not writing letters is unequivocal.
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 where the event is being held, whether it is in a building or on the street. In most cases, letters do not take much time to prepare, are of a notification nature and leave it to the local authorities to take additional security measures. The absence of such letters under certain circumstances can be interpreted as the arbitrariness of the organizer with all the ensuing responsibility.

As a standard, in order to fully comply with everything and everything, and even what seems to be non-existent, I write three letters:

  • Letter to the local government. (city, district, etc.)
  • Letter to the local Department of Internal Affairs
  • A letter to the local RONPR (Regional Department for Supervisory Activities and Preventive Work), in other words, the fire department of the Ministry of Emergencies. (Note: Never, when negotiating, call firefighters the word “fireman” in conversations, otherwise the coordination can become an endless process).

In the letter, as stated in the law and in the order, it is necessary to mention:

  1. Event title.
  2. If possible, a program indicating the place, time.
  3. Conditions for organizational, financial and other support for its implementation (i.e. how medical support, security, support by the Ministry of Emergency Situations is provided).
  4. Estimated number of participants.
  5. Contact information of the organizers of the event.
  6. Well, perhaps requests from the organizers or some comments and background information about the significance of the event.

Here are examples of letters in the Word file format (perhaps someone will come in handy):

To understand that the process is not very energy-consuming, the text in all letters is the same. Only the addressee changes. In most cases, it costs to send scanned copies.

As experience shows, the administration and the ATC work out quickly and efficiently. But you need to call the RONPR and make sure that they received and saw the document.

As a conclusion and a small conclusion: preparing and sending notification letters to the authorities for holding the event is not a very labor-intensive process, which prevents many risks both at the event itself and in the organizer's area of ​​​​responsibility before the law.

The above laws and regulations are not the only ones. Depending on the event, different ones may be added to them. Here is a short list:

Source: habr.com

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