Gruz-282

Who would doubt it.

Russian human rights activists are already offering themselves as authorized police agents of the state. The other day, a group of specialists in the theory/practice of human rights turned to the pre-retirement national leader, still-president Vladimir Putin, with a request and plea to never allow the abolition of Article 282 of the Criminal Code of the Russian Federation, which punishes all kinds of extremism and incitement of hatred. The names of the specialists are known; there is no point in repeating them. The appeal is open for signing.

Well. In the current situation, human rights defenders cannot but be supported. It must be admitted that the gloomy era of Chekism is leaving the modern history of our Motherland. Instead, comes the era of little evil (aka President D. A. Medvedev). And the change of periods/stages of national development requires qualitatively new approaches to ensuring the security of our state and the civil society inherent in it (as D. A. Medvedev rightly pointed out in his keynote speech on January 22, 2008).

The controversial practice of persecution for ideological and/or political reasons, restrictions on media freedom, pressure on business (business circles) for the purpose of redistributing property and/or control over financial flows remains forever in the past. There is virtually no doubt that under Dmitry Anatolyevich Medvedev, the activities of the law enforcement system of the Russian Federation will be aimed exclusively at ensuring constitutional guarantees of human rights, protecting civil liberties, including speech / assembly / conscience, creating ineradicable conditions for the inviolability of the institution of property (especially large and medium-sized ), the formation of a functional set of attributes and principles of a developed democratic environment, implying open and transparent competition of political subjects and effective feedback between the authorities and citizens (society).

At the same time, the values ​​of modern democracy and responsible freedom, which will be the basis of state policy under President D. A. Medvedev, must be reliably and comprehensively protected. It would be difficult to imagine that totalitarian and authoritarian forces, having suffered historical defeat, will not try to take revenge in the foreseeable future. It is necessary, through the flexible and, at the same time, rigid use of a wide arsenal of legal, political, managerial, and communication mechanisms, to put an insurmountable barrier in the way of those who would like to question the irreversibility of the course towards democratization and liberalization.

Among such mechanisms, it is necessary to highlight, first of all, the legislative framework itself, which will protect a person, his rights and freedoms, family and communication space, his health and property from shameless and untimely intervention of the state, legal entities/individuals, from any manifestations of extremism and aggression. In this regard, it seems necessary to improve, first of all, the aforementioned Article N 282 of the Criminal Code of the Russian Federation - a kind of cornerstone, the foundation of the foundations of that confident liberalization, the guarantor of which is President D. A. Medvedev personally.

It seems especially important to streamline and clearly classify in Article N 282 of the Criminal Code of the Russian Federation all types of hatred, the incitement of which should result in immediate and inevitable criminal liability. These types of criminal offenses include:

- national discord;

- social discord;

— major discord;

- emotional strife.

Whereas public expression (statement or demonstration in another form, including sign language, Aesopian language, programming languages, etc.)

- communist views;

- socialist views;

- nationalistic views;

- strange looks;

- views in general as a form of extreme relativization of material reality, given to us into sensation through effective democratic functionality, certainly excites (induces) one of the above types of hatred, the practice of preventive suppression of attempts to consciously or unconsciously violate Article N 282 of the Criminal Code of the Russian Federation should be introduced everywhere as one of the foundations of modern , democratically stable and legally effective Russian statehood.

The time has come to note that the concepts of “human rights”, which were often used before, in particular, during the totalitarian period of our history, as well as during the period of decisive influence (impact) of the so-called. “siloviki” on the institutions of state power, did not take into account the legal uncertainty of the very concept of “person”; which, in turn, created wide space for legal violations and, as a consequence, corruption. Thus, human rights were often unreasonably granted to persons who did not have sufficient grounds for doing so. (One can only guess about the underlying corruption in this case). Modern legal theory is clearly based on the democratic postulate, according to which the concepts of “individual” and “person” are not legally identical. A long period of time during which a person could be considered a two-legged living creature with a certain set of inalienable signs of belonging to the biological species homo sapiens has been left behind, which can be considered as an organic consequence of the positive development of global civilization. It should be noted that neither the Constitution of the Russian Federation nor the laws of the Russian Federation clearly establish the criteria for the concept of “person”. Only with the advent of President D. A. Medvedev to the leadership of the Russian Federation does it become possible to fill this gap, which has formed over the centuries of our history. It is proposed at the first stage to adopt the federal constitutional law “On Man”, according to which any citizen of the Russian Federation or a stateless person who:

— able to make a special human contribution (CHV) in the amount of the ruble equivalent of 50,000 USD;

or

- can provide at least 10,000 signatures of certified people confirming that the person can be considered a human being.

The Federal Agency for Human Affairs, which would be reasonably placed under the jurisdiction of the Ministry of Agriculture and Food of the Russian Federation, could handle the collection of SCHV/verification of signatures.

Subsequently (at the second stage), as the democratic foundations of statehood and the framework of civil institutions are strengthened in modern Russian society under the President of the Russian Federation D. A. Medvedev, it would be possible to move on to verifying that individuals belong to humanity (the community of certified people) through nanotechnology, and the corresponding functions, along with the function of maintaining a register of people, should be transferred to a state corporation in the form of a non-profit partnership "Rosnanotech".

Bringing order to the sphere of application of the concept of “human” would make it possible to grant human rights only to those who truly deserve it (worthy). These measures would lead to a decisive leap towards building a truly legal state, the goal of which is the free development and comprehensive well-being of citizens (humans).

Next.

To ensure the most effective freedom of citizens of the Russian Federation, first of all, freedom of speech as the ad valorem-causal basis of the very space of inalienable individual freedoms, it seems necessary to quickly develop and implement Federal Freedom of Speech Standards (FSSS). A solid knowledge of the FSSS will allow every person located within the border and customs space of the Russian Federation to avoid the dangerous confusion of freedom with permissiveness, the risk of crossing the border of what is acceptable in a modern, rapidly developing and at the same time extremely stable Russian society. The regulatory mechanism in this case is quite simple and obvious: criminal liability under Art. 282 of the Criminal Code of the Russian Federation occurs if a person in his current / strategic rhetoric deviates from the norms and requirements of the FSSS by more than 5%. The presence of a five percent gap will be another demonstration of the unambiguity of the democratic vector of development of the Russian Federation under President D. A. Medvedev.

Considering the evidential-axiomatic nature of socio-political statements, according to which the future President of the Russian Federation D. A. Medvedev:

Thesis A) prevented a totalitarian coup in the Russian Federation, planned by the so-called. "siloviki";

Thesis B) with clear, consistent, legally and politically effective actions to protect the constitutional order, did not allow his predecessor (whose name is not disclosed in the interests of civil society) to run for a third term;

Thesis C) in connection with theses A), B) is and in an unlimited time period will be subject to the threat of physical elimination from the so-called. "siloviki" it is necessary, in order to avoid irresponsible treatment of fundamental liberal human rights categories, as well as in order to prevent extremist manifestations in assessing the events of the modern history of the Russian Federation, to legislate the above theses A-B and supplement the specified article N 282 of the Criminal Code of the Russian Federation with a clause providing for criminal liability for publicly denying these theses.

It would be naive to believe that the power structures, inherited (in their main forms and features) from the totalitarian period of our history (as well as the recent historical period, during which the so-called “siloviki” had unacceptable influence on state power), will be able to in reality, in practice and in reality, ensure the unconditionally democratic nature of our statehood, consistently protect civil rights and freedoms after the final victory of the President of the Russian Federation D. A. Medvedev. The weight of a dubious (in some cases, damned) past will constantly pull these structures down (to the side), which, in turn, will lead to deviations from the basic line of defense of democracy / the institutional framework of civil society.

In this regard, it seems necessary to create, on the basis of a number of operational search, investigative, analytical and other units of the FSB of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation, the Investigative Committee under the Prosecutor General's Office of the Russian Federation, as well as the Moscow Bureau for Human Rights, a new body - the Federal Human Rights Service (FPS) of the Russian Federation . Being an institution of the executive and judicial powers of the Russian Federation at the same time, the Federal Human Rights Service of Russia will assume, first of all, the following functions:

— monitoring of human rights violations in the Russian Federation;

— monitoring of attacks on the foundations of civil society / civil liberties in the Russian Federation;

— inquiry into cases related to these violations/attempts;

- initiation of criminal cases under Art. N 282 of the Criminal Code of the Russian Federation and related articles imposing criminal liability for violation of human rights / attack on the foundations of civil society in the Russian Federation;

— filing charges in these criminal cases;

— investigation into these criminal cases;

— support for state prosecution in these criminal cases in court;

— execution of sentences;

— licensing of human rights activities in the Russian Federation;

— monitoring and verification of data on offenses related to the unlawful granting of human status to individuals and corresponding “human rights”;

- other activities not prohibited by the Constitution of the Russian Federation and Article N 282 of the Criminal Code of the Russian Federation.

In order to effectively provide penitentiary support for the activities of the Federal Human Rights Service (FHS) of the Russian Federation in protecting human rights and the foundations / institutions of civil society in the Russian Federation, it is proposed to transfer to the jurisdiction of the FPS the Russian Federation:

— pre-trial detention center (SIZO) “Lefortovo” (Moscow) with the simultaneous assignment of the name of academician to this detention center. A. D. Sakharova;

— pre-trial detention center (SIZO) “Matrosskaya Tishina” (Moscow); this isolator may be named after A. A. Galich (Ginzburg), as well as the system of temporary detention centers (IVS) in the administrative centers of the regions of the Russian Federation; In order to further fully humanize the domestic penitentiary system, it is necessary to legislate for the data of temporary detention facilities under the jurisdiction of the Federal Border Guard Service of the Russian Federation, the official state. the name "humane people" .

For the effective protection of civil rights and legitimate interests of the people of the Russian Federation in the spatial-legal continuum of the Russian Federation, I would also consider it extremely important to create within the Federal Border Guard Service of the Russian Federation a special-purpose force unit - the National Human Rights Guard (OPG) , which can be formed on the basis of a certain part of the current existing internal troops (VV) of the Ministry of Internal Affairs of the Russian Federation, as well as military organizations (“infantry”) of informal security groups. An organized crime group could take on the following main tasks:

— cleaning up areas of the territory of the Russian Federation where a systemic violation of human rights is about to occur (planned);

— liquidation of extremist gatherings perpetrated by persons who are actual or potential violators of Article N 282 of the Criminal Code of the Russian Federation;

— physical protection of civil society institutions of the Russian Federation.

In order to create a humane environment and optimize the conditions for human rights activities in the Russian Federation, it is proposed to include in the staff of the organized crime group of the Federal Border Guard Service of the Russian Federation also domestic and equivalent animals trained to conduct active offensive activities to protect human rights / institutions of civil society of the Russian Federation, including, but not limited to these: dogs; cats; rats; bears; lviv; scorpions; Capricorns, Aquarius, etc.

The time has come to formulate a clear response to another historical challenge, whose relevance was revealed by the historical victory of the President of the Russian Federation D. A. Medvedev. Many joint stock companies of various types, non-profit organizations, federal state unitary enterprises, etc. They do a lot to protect human rights, develop the market infrastructure of civil rights and freedoms, and strengthen the foundation of Russian democracy. However, their contribution has still not been adequately appreciated by the state and its complementary (as President D. A. Medvedev quite rightly emphasized in his speech at the Civil Forum on January 22, 2008) civil society. Therefore, it seems important to assign to some of these structures - in particular, Gazprom OJSC, Russian Technologies State Corporation, Basic Element FIG, etc. - the status of official civil society institutions (ISC) . For, as President D. A. Medvedev said in his historical system-forming speech on January 22, 2008, IGO is my good, and my burden (i.e., the constitutional powers of the President of the Russian Federation - author's note) is light. It should be noted here that D. A. Medvedev’s predecessor, whose name we still do not disclose for human rights reasons, blasphemously claimed that while serving as president he worked “like a galley slave.” Which, however, is quite understandable: before the historic victory of D. A. Medvedev, associated with a breakthrough in the field of human rights and the formation of civil society, every Russian could only feel like a slave. That's the case now!

It also seems necessary today to sharply intensify work in the field of awarding D. A. Medvedev the Nobel Peace Prize for his services in preventing the totalitarian coup of the Russian Federation and removing the so-called from power. "siloviki". It is important to instruct the above-mentioned civil society institutions (CSI), primarily OJSC Gazprom, to provide the Nobel Committee with all the material and technical resources necessary to make the right decision.

This document is open for signature.

Stanislav Belkovsky,
(identification number of human rights activist - Shch-282)