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"Waking up early": what is behind the mitigation of punishment for reposts

Radio Liberty 03.10.2018 at 17:01

Radio Free Europe/Radio Liberty is a private, non-profit information service funded by the U.S. Congress, broadcasting to the countries of Eastern and South-Eastern Europe, the Caucasus, Central Asia and Middle East and Russia.

Vladimir Putin proposed to partially mitigate the punishment under article "inciting hatred or enmity". The bill he introduced in the State Duma on Wednesday. Putin proposes not to apply criminal penalties for 282 th article if the act was committed once and does not pose a threat to the security of the state. According to the President of the Russian Federation, not in all cases, the use of 282-th article reasonably. However, repeated violation of the law during the year will be subject to criminal liability. The amendments may be considered at the next meeting of the Council of the state Duma on 8 October, and the package of draft laws can be adopted before the end of the autumn session of Parliament. In August of this year in Barnaul was initiated four criminal cases because of the publication of memes in a social network "Vkontakte". Andrew Shasherin, Anton angel, Maria Matuska and Daniel Markin accused of "inciting hatred or enmity" and "insulting the feelings of believers". The Commissioner for human rights in the Altai region Boris Larin said that the defendants in the cases on extremism and insult the feelings of believers "are to blame". For reposts and likes on social networks to criminal liability in 2017, has attracted more than 700 people. During a straight line on 7 June, Russian President Vladimir Putin said that the situation of punishment for such actions do not need to bring "to the insanity and absurdity". In early August Group, which owns the Internet portal and mail Mail.Ru three social networks – "Vkontakte", "Classmates" and "My world", was in favor of Amnesty for extremism because of the reposts and likes in social networks and the decriminalization of these cases. The company has sent treatment of this initiative in the state Duma, the Supreme court and the Ministry of justice of the Russian Federation. 20 Sep 2018 the Supreme court explained this reason. It was noted that in cases of publications in the social media of materials of extremist orientation, the judges shall verify the intent of the author to perform acts aimed at disrupting the constitutional order, at inciting hatred or enmity or humiliation of human dignity. Lawyer International protective group "Agora" Irina Khrunova, who represents the interests of the convicted activist from Tatarstan Danis, Sapargali, I'm sure that after the adoption of the amendments of such cases will be less. Sapargali, sentenced to three years in prison to a paste under three articles – for hooliganism (article 213 of the criminal code), premeditated infliction of bodily harm (article 115 of the criminal code), beatings (article 116 of the criminal code) and inciting hatred or enmity (article 282 of the criminal code). On charges of hooliganism, Sapargali appointed two and a half years, and under article 282 and a half. Irina Khrunova said that once the presidential amendments will take effect, her client will have a chance to mitigate the sentence. It will immediately go to court to recalculate the sentence. Once the amendments come into force, I will go to court to check his sentence – he was accused of census images which were completely neutral. It was cartoons of the highest state officials, caricatures on events in Ukraine, Crimea and so on. He's got a real deprivation of liberty, and I hope that we will be able to correct this sentence. He had two crimes, one associated with extremism, and one is not, and the total period of his three years. He already did two years, so we will try to reduce the punishment. In her opinion, after the adoption of the amendments to the police it will be harder to start criminal proceedings on the 282-th article, but Internet users must remember that they can be brought for the repost of administrative paper, and in a year they can be held criminally responsible. Those people who have come into the view law enforcement bodies, are at risk – That is, now all the police in social networks to dig up, will be solely of an administrative offence. Only after the court found a person guilty of committing an administrative offense under extremist article, if within one year that person will again commit extremist action, only then concerning it criminal case will be brought. Here dramatically increases the role of administration. Now administrativka is not considered a serious offense in consciousness of people, and only the lawyers understand how dangerous this is and what the consequences entail. As a lawyer I will definitely see the positive changes in legislation for their clients. But those people who come to the attention of law enforcement agencies will be at risk. This is the first. The second is significantly more administration – says the lawyer of the International group "Agora" Irina Khrunova. Member of the Board the Chairperson of the Council of Federation on interaction with institutes of civil society and the economy Cartago said that in the regions on the 282-th article was condemned by a lot of random people who put only for the sake of statistics and "stars" on the shoulder straps. To abolish this article, it seems to me, too – the Article is wide, comfortable, put don't want, in fact, did, although they were not extremists. And the number of such cases has grown so much that began to resent not only ordinary people, but also policymakers, Cartago. And the fact that it is now "administrativka" is very good, because thanks to this buffer otseit those who do not deliberately something reposted or liked. But to abolish this article, I think is also impossible, because we have a multinational and multi-confessional state, and there are people who don't like it. Therefore, criminal liability should be left to those who deliberately and systematically engaged in inciting ethnic, religious or other hatred, are unable to escape legal responsibility for their actions. Valentin Sokolov from Moscow, Kolomna was convicted just on the 282-th article for the census images in the "Classmates". He was released in August of this year after serving the area for almost eight months, another three years he will be under administrative supervision. According to Sokolov, the picture in the "Classmates" he repostnul with a negative review: "How to be totally inappropriate to carry such heresy. Consciously or kindle. Scary to read". But when you repost the images they are automatically saved to the page made a repost in the misc folder, but without accompanying inscriptions. That was enough for a criminal case. Nothing to rejoice, because people do not change, and in law enforcement and the prison system are mainly cannibals – on the one hand, we should be glad that this article has decided to alleviate on the other – nothing to rejoice, because people do not change, and in law enforcement and the prison system are mainly cannibals, the impression is that there specifically carry out negative selection, says Sokolov. – Searches in my apartment staged exclusively at dawn when everyone is asleep, cut the door with a grinder. I have children-twins, one of the boys after such a search, still stutters. Found nothing, so the evidence is completely falsified and backdated, but the judge did "not noticed", though it was all obvious. And I came up with this article not to prevent me from running in elections (Sokolov was engaged in the themes of environment and local government, was in 2016 in the Moscow region Duma from the party "Rodina". – RS), just removed from sight. So if someone need to get rid of, now not at the 282 will be planted, and, for example, at 280 ("Public calls to extremist activities". – RS). Or just settle for drugs, they are not used, would be a man, and the article there. Against Vladimir Yegorov from Toropets, Tver region also opened a criminal case on 282, but then it stopped, and he was sentenced for a post on the social network for 280 minutes to two years of probation. According to Yegorov, the bill that populist, because the FSB is easily 282 can "solder" 280-Yu, which is as broad and unspecific as the 282-I. Electrician Egorov led popular in Toropets the public, denounced the local mafia, which KAMAZ stealing sand from public quarries. But attempts to bring against thieves criminal case has led to the fact that the house Egorova twice burned, and he himself was eventually condemned for a post on the social network. Though he may be free, but unemployed, because now everyone is afraid to take him on. In fact it is civil death. No accounts, cards, mortgages, loans. The mark is almost on the forehead – Putin's Rating is falling: an unpopular pension reform, "United Russia" at the floor is gone, the poisoning Skrobala. And then there's the high-profile case for "memes" in Barnaul... But now will give the same Motunau and other administrativku, they'll sing Hosanna Putin – no doubt Yegorov. – On the bill it turns out that the punishment, though softened, but in a list of extremists still, as now, convicted in the 282nd will make. And is essentially a civil death.

No accounts, cards, mortgages, loans. The mark is almost on his forehead. And that was removed from the list at the end of the period, you need to make incredible efforts. For many it will be simply impossible. About this "disqualification" usually does not remember, but when you face personally, you understand that it is quite noticeable. About why Putin is now making these amendments, says expert "Agora" Damir Gainutdinov. Society is too agitated by a series of criminal cases on absurd grounds, and the need to respond to- I think it is taken in order to minimize the risks. In recent months, the society too agitated by a series of criminal cases on absurd grounds, reposts and likes, and we need to respond, to seize the initiative, to show that higher power is aware and cares about the citizens, – said the lawyer. – The explanatory note says that there are cases of ungrounded bringing to responsibility, and so on. But no relation to the desire to stop tyranny is, of course, has not. As there is no easing, just a bit complicated procedure of bringing to criminal liability. 282 th article of the most massive, but other so-called anti-extremist article – for example, 280-I in this reform are not included. And the difference between the 282 and 280 minutes is very conditional, it is a question of interpretation. And 282 I – it's just the Investigative Committee, which clearly losing recently effect, but 280-I – is the FSB that this influence is increasing, and they are clearly trying to pull on itself, and the result including. I think that we, in addition to administration, will see even further growth ogolovok other anti-extremist articles. So no need to relax. The head of the center "Sova" Alexander Verkhovsky believes that talking about mitigating extremist legislation is premature. – I think that the initiative of Putin is the minimum of the possible results of the discussion that Putin had initiated, – the expert reminds. – The discussion was much broader, concerned not only the 282-th article, but it was ignored. Yet there is a moment where I think significant: in the new article refers to the liability of legal persons, which the criminal code cannot provide, and this applies, as I understand it, editors, site owners, it's all legal entities, and so on. There are still a controversial question: what shall be the verdict and has already initiated cases? In principle, any mitigation should be subject to revision, so the General rule of criminal law exists in our criminal code. But here is a special situation because the composition has not changed, only there was a prejudice, which is a relatively new thing in our criminal law. If taken literally, probably, it is necessary to assume that all sentences previously imposed for the 1st part of the 282-th article, will be cancelled simply because it is clear that no one previously could not be brought again, it is simply impossible. But somehow I doubt that the Supreme court would approve of such a practice. State Duma Deputy, journalist and writer Sergei Shargunov participated in the preparation of papers, which ultimately rests on the President's Desk. According to him, there was serious opposition from power structures to the 282-th article is "edited" and he is glad that Putin made a proposal at least in this form – security officers wanted her to toughen. My position remains unchanged: 282-I article is redundant and should be decriminalized in General, should not be punished for words and thoughts only for acts. But it's good that the President has studied the issue and was personally convinced of the absurdity of many criminal cases and sometimes they are delusional. Now I really hope the review of criminal cases – for example, political scientist Peter miloserdova, which is now in Butyrka, – said Shargunov Radio Liberty. Submitted by the President of amendments to the administrative code introduced a new article "inciting hatred or hostility, and humiliation of human dignity". Determined that the actions aimed at the incitement of hatred or enmity, humiliation of human dignity on grounds of gender, race, nationality, language, origin, religion, belonging to a social group, committed publicly, including on the Internet, is proposed to punish by a fine, which for citizens will be from 10 to 20 thousand rubles, and for legal entities – from 250 to 500 thousand rubles. As punishment obligatory works for the term up to 100 hours or administrative arrest for up to 15 days.