Are there any risks of criminal liability for those who participate in protests or actions that would appear to be prohibited under martial law? Odesa lawyer Yevhenii Ivanchenko commented on this situation for ElitExpert.
"In my opinion, when people take to the streets and protest, it means that they have already been pushed to the extreme. A kind of "boiling" occurs, after which they see no other way out." Ivanchenko noted.
At the same time, the lawyer emphasized that protest actions are different.
"For example, quite common actions that took place in Odesa even before the war and now are the blocking of roads by residents outraged by something. They do not stand in the middle of the road, but simply cross the pedestrian crossing, creating a continuous flow of pedestrians, not allowing cars to pass.” he explained.
Formally, they do not violate anything, because according to traffic rules, pedestrians have priority at the crosswalk. But in fact, it is 100% traffic blocking.
Regarding mass rallies, Ivanchenko noted that in the conditions of martial law, they are limited by martial law and relevant legislation.
"However, even in spite of this, people have the right to protest actions, which is enshrined in the Constitution, but at the same time, it is necessary to warn the local military administration at least 24 hours in advance." - added the lawyer.
He also drew attention to the fact that the military administration can ban the action.
"And in case of violation of this ban, the organizers may already face administrative responsibility, possibly even criminal. But from my practice, I see that criminal responsibility is usually not applied in such cases." - he emphasized.
In addition, the lawyer noted that if men participate in the protest, they will probably be joined by TCC employees.
"And this is a serious deterrent for many potential participants." Yevgeniy Ivanchenko concluded.
Thank you for being with us! Monobank for the support of the ElitExpert editorial office.
