The right to public assembly and manifestation is a fundamental right guaranteed by the Constitution of Georgia, yet its realization is subject to specific legal frameworks and procedural rules. Any public action, march, demonstration, or large gathering, especially if it impacts traffic or takes place near administrative buildings, requires adherence to rules established by legislation. This is not just about obtaining a "permit" in the classical sense—in many cases, it involves an obligation to notify authorities so the state can ensure participant safety. However, violation of procedures can lead to the dispersal of the rally, fines for organizers, or even criminal liability. Therefore, legal support is critically important for civil activists, NGOs, and initiative groups.
Legal support for public events includes a comprehensive service aimed at the unimpeded realization of freedom of assembly:
- Preparation of Prior Notification: Drafting and submitting an official notification to the local self-government body no later than 5 days before the action if the event involves blocking the roadway.
- Route Planning: Legal assessment of the march or manifestation route to ensure it does not cross into zones prohibited by law (e.g., entrances to courts, prosecutor's offices, or hospitals).
- Coordination of Safety Measures: Communication with the police, briefing event organizers and marshals about their rights and responsibilities.
- Representation: Interacting with administrative bodies if the City Hall refuses to accept the notification or demands a change of location/time.
- Rights Protection: Legal assistance in case of detention or restriction of rights during the action, as well as appealing administrative offense protocols.
In real life, there are many nuances where a lawyer's involvement is decisive. For example, if an initiative group plans a large-scale march on Rustaveli Avenue, they must precisely specify the estimated number of participants and the need for road closure in the notification. If this procedure is violated, the police have the right not to allow the road closure, which leads to confrontation. Cases are frequent where rallies are held near state agencies, where a 20-meter radius restriction from the entrance applies. Ignoring this rule becomes grounds for detention. Also, during counter-rallies, it is essential to demand a safety corridor from the police, and knowledge of the legal grounds for this protects the organizers.
In Georgia, this sphere is regulated by the "Constitution of Georgia" (Article 21) and the Law "On Assemblies and Manifestations." This law clearly distinguishes between an assembly (standing in one place) and a manifestation (a march). The law prohibits the possession of weapons, explosives, or items that can be used for violence. Also important is the Law of Georgia "On Police," which defines the powers of law enforcement during the dispersal of an action or the use of force. The Administrative Offences Code imposes sanctions for petty hooliganism and disobedience to a lawful police request, which are most frequently used against rally participants.
The process begins with a consultation where the form and purpose of the action are clarified. Then the lawyer prepares a written notification specifying the details of the responsible persons, time, and place. This document is submitted to City Hall. By law, City Hall does not have the right to ban the action (except in extreme cases), but it can issue a recommendation. The lawyer helps organizers analyze these recommendations. On the day of the action, lawyers often work on a hotline or on-site to ensure immediate defense for any detainees.
On Legal.ge, you will find attorneys and lawyers specializing in human rights and constitutional law. The platform allows you to connect with experts who have practical experience in the legal management of rallies. With their help, you will be able to express your civic position in full compliance with the law, minimize legal risks, and ensure the safety of yourself and your associates.
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